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    What Is Discipline Avoidance?

    Last updated 11 hours ago

    If you’re facing discipline in the workplace that you feel is unfair or discriminatory, contact a discrimination lawyer right away. Your lawyer can build a strong defense to help you either avoid the unfair discipline or otherwise survive disciplinary actions with your job intact. Discipline avoidance is often necessary for employees who face workplace discrimination.

    Sometimes, an employer will use progressively more severe disciplinary actions in order to encourage an employee to quit or to prevent that employee from achieving promotions. The discipline may take the form of a mandatory employee performance improvement plan, for example, with benchmarks that may be vague or impossible to achieve. Fortunately, a discrimination lawyer can evaluate performance issues and disciplinary action, and advise you of your legal rights.

    For a free initial phone conference with a discrimination lawyer, contact the Advocacy Center for Employment Law right away. You can reach our San Jose employment law firm by calling (408) 600-1972.

    A Closer Look at Workplace Harassment

    Last updated 7 days ago

    Workplace harassment can have serious consequences. It can inflict significant psychological damage and, in some cases, may even lead to life-threatening situations. Watch this video to hear the story of Sam, a coal miner from West Virginia who faced harassment from his co-workers and supervisors because of his sexual orientation.

    Sam discusses having to deal with blatant verbal harassment, which his supervisors would not address. His co-workers quickly escalated to violence and acts of destruction against his personal property. They even sabotaged his vehicle, which could have resulted in his death. When you hear Sam’s story, you’ll learn how he addressed these serious problems with a discrimination lawsuit. Sam encourages others in his situation to get help from a discrimination lawyer.

    No one should have to face harassment in the workplace. If you live or work in the San Jose area and you’ve experienced workplace harassment, contact the Advocacy Center for Employment Law at (408) 600-1972 to learn how to protect your rights.

    Important Information about the Americans with Disabilities Act

    Last updated 13 days ago

    Since it was signed into law in 1990, the Americans with Disabilities Act (ADA) has remained one of the most comprehensive civil rights laws that guarantees the rights of all individuals, regardless of ability. The ADA protects individuals with disabilities from discrimination in the workplace, wrongful termination, inappropriate hiring practices, and similar problems. If you suspect that an employer violated the ADA, a discrimination lawyer can file a claim on your behalf to hold that employer liable for his or her wrongful actions. Here are some important things to know about the ADA.

    ADA Coverage
    The law applies to many types of employers, including private employers, labor unions, local governments, the federal government, and employment agencies, and prohibits these employers from engaging in workplace discrimination against qualified individuals with disabilities. Employers may not engage in discriminatory actions with regard to hiring, firing, job training, compensation, promotions, or similar employment actions.

    Confidentiality and Retaliation
    The ADA requires that employers maintain strict confidentiality with regard to an employee’s medical records and medical condition. Employers are prohibited from asking about an individual’s disability. However, they may ask whether a job applicant can perform certain functions of the job.

    Reasonable Accommodation
    Employees may enlist the help of a discrimination lawyer to file a claim against an employer who fails to provide reasonable accommodations under the ADA. Reasonable accommodations are those that do not cause the employer undue hardship and enable the employee to perform job responsibilities. For example, the workplace should be accessible to individuals with physical handicaps. Equipment, devices, and even training manuals may be modified to suit the needs of an individual with a disability. Reasonable accommodation also applies to hiring practices. For example, an individual could request a sign language interpreter for an interview.

    Since 1994, Steven P. Cohn, discrimination lawyer, has been providing expert legal representation to individuals in the San Jose area who have been the victims of workplace discrimination. If you feel that you were unfairly treated by your employer, the team at the Advocacy Center for Employment Law encourages you to stand up for your legal rights. Contact us today at (408) 600-1972 to speak with one of our discrimination lawyers. 

    Answering Some Common Questions About Sexual Harassment

    Last updated 21 days ago

    Although employees have legal rights in the workplace, sexual harassment remains a common occurrence. Anyone can be a victim of sexual harassment at any time. If you suspect sexual harassment could have occurred in your workplace, don’t delay contacting a discrimination lawyer. In the meantime, here are answers to some of the most commonly asked questions about sexual harassment in the workplace.

    What Are the Types of Sexual Harassment?
    Sometimes, sexual harassment is obvious, such as when a co-worker or supervisor makes unwanted sexual advances or comments. For example, a supervisor may offer to give an employee a promotion if sexual favors are granted. Or, a co-worker may make lewd comments about another co-worker’s anatomy. Sexual harassment may sometimes involve physical advances, such as inappropriate touching. Discrimination lawyers also work on cases involving the maintenance of a hostile workplace environment, which is another form of sexual harassment.

    What is a Hostile Environment?
    A hostile environment is defined as the creation of adverse, offensive, or intimidating working conditions due to sexual harassment in the workplace. When determining whether a workplace maintains a hostile environment, discrimination lawyers consider the type of sexual harassment, the frequency of occurrences, whether multiple perpetrators are involved, and whether these individuals are co-workers or supervisors.

    Are Employers Liable?
    Under certain circumstances, a discrimination lawyer may demand that an employer be held liable for sexual harassment. This can occur if a supervisor engaged in sexual harassment that resulted in an employment action, such as a firing. The employer may also be held liable for a hostile working environment if he or she was aware of the problem and failed to rectify it. Employers may even be held liable for the adverse actions of non-employees, such as customers and independent contractors.

    The team at the Advocacy Center for Employment Law understands the serious consequences involved with sexual harassment at work. Our employment law firm has a proven track record in successful claim resolutions. Learn more about your rights in the workplace by calling our discrimination law firm in San Jose at (408) 600-1972.

    The Importance of Severance Negotiations

    Last updated 26 days ago

    When an employee hires a discrimination lawyer and charges his or her employer with wrongful termination or similar issues, that employee may be asked to sign a severance agreement. Doing so promptly is usually not in the best interests of employees, however. Once the severance agreement is signed, the employee usually automatically waives any claims against the employer. Prematurely signing a severance agreement also interferes with the favorable resolution of wrongful termination cases and it may impede the employee’s ability to obtain a positive reference for future employment.

    If an employer extends an initial offer for a severance agreement, employees can contact an employment law attorney for assistance. An employment law expert can handle severance negotiations and arrange for favorable financial terms. The lawyer can also identify any legal violations the employer may be held liable for.

    The employment law specialists at the Advocacy Center for Employment Law have more than 30 years of experience in arranging for ideal exit strategies for employees. Call our San Jose law firm at (408) 600-1972 or explore our website to learn more about employment law.

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