Employee Discrimination, Harassment and Retaliation
If you have been the victim of workplace discrimination, harassment, retaliation, of if you have been wrongfully terminated, contact the Krupa Law Group to schedule a free initial consultation at our offices.
The Krupa Law Group implements sound litigation strategies including a thorough case investigation and analysis before taking your case to mediation, arbitration and/or trial. As with all of its civil litigation cases, the Krupa Law Group focuses on succeeding at mediation, arbitration and/or trial from the first day it takes the case. That focus and strategy is intended to bring about a positive outcome for those who have been treated unfairly and discriminated against by their employers.
California employers are free to hire and fire, to assign work and to discipline employees. For the most part, employers can fire employees for any reason or not reason at all. That said, California law does not allow employers to discriminate against people because of certain qualities, which are called protected classifications. Protected classifications include age, sex, race, national origin, disability, religious affiliation, marital status, pregnancy and sexual orientation. Discrimination is frequently established by conduct and statements, such as the denial of a job, wrongful employment termination, or a change in the terms or conditions of employment (wages, hours, bonuses, and job assignments.)
Harassment can be another form of employment violation. Sexual harassment against women or men is the most common form of harassment. However, there are other forms such as harassment due to race, pregnancy, and political activities, such as organizing a union. The Krupa Law Group represents victims of harassment.
An employer may not fire, demote, harass or otherwise “retaliate” against an individual for filing a charge of discrimination, participating in a discrimination proceeding, or otherwise opposing discrimination. The same laws that prohibit discrimination based on race, color, sex, religion, national origin, age, and disability, as well as wage differences between men and women performing substantially equal work, also prohibit retaliation against individuals who oppose unlawful discrimination or participate in an employment discrimination proceeding. Retaliation occurs when an employer, employment agency, or labor organization takes an adverse action against a covered individual because he or she engaged in a protected activity. These three terms are described below.
Examples of Adverse Action include: termination, refusal to hire, or denial of promotion, threats, unjustified negative evaluation. Covered individuals are people who have opposed unlawful practices, participated in proceedings, or requested accommodations related to employment discrimination based on race, color, sex, religion, national origin, age, or disability. Individuals who have a close association with someone who has engaged in such protected activity also are covered individuals. For example, it is illegal to terminate an employee because his spouse participated in employment discrimination litigation.
Protected activity includes: Opposition to a practice believed to be unlawful discrimination; Complaining to anyone about alleged discrimination against oneself or others; Threatening to file a charge of discrimination; Picketing in opposition to discrimination; or Refusing to obey an order reasonably believed to be discriminatory.
If you believe you have been terminated wrongfully and in violation of these protected categories, or that you have been harassed or retaliated against, the Krupa Law Group can help you assert your rights and obtain justice.