Law Office of Joshua A. Burt

Archive for November, 2011

What is Employment Harassment and Discrimination under California Law?

In California, the Fair Employment and Housing Act (known as FEHA) defines what employment harassment and discrimination is and what penalties apply.

Although California prohibits certain forms of harassment and discrimination, not everything uncomfortable is illegal.  The law does not stop employers from being bad, vulgar (to a point), disorganized, lazy, or from playing favorites unless their conduct is the result comes from a “bad” reason.  Such reasons include acts based on the following:

  • Race;
  • Color;
  • Religion;
  • Sex/Gender;
  • Pregnancy;
  • Sexual orientation;
  • Marital status;
  • National origin;
  • Ancestry;
  • Disability;
  • Medical condition;
  • Age (40 and above);

In addition to the above forms of harassment and discrimination, California law prohibits many other improper employment practices, including:

  • Denial of family and medical care leave;
  • Denial of disability leave and/or reasonable accommodations for pregnant women;
  • Denial of reasonable accommodations for those with disabilities; and
  • Restrictions on spoken language.

There are many other inappropriate employment practices that are prohibit in California.

The Law Office of Joshua A. Burt is very experienced in handling employment disputes.  If you feel that you have been victimized by employment discrimination or harassment or are an Employer defending against such a claim, please contact the firm to discuss your particular concerns and to set up a free consultation.

Disclaimer: The above post should not be considered and does not constitute legal advice. You should not rely on any of this advice because each case is fact specific and could be subject to different local, state, and federal laws.  No attorney-client relationship exists based on this or any other information on this website.

Burt Legal Files Suit Against American Bottling, Inc. for Breach of Contract and Fraud

The Law Office of Joshua A. Burt filed a lawsuit today against American Bottling, Inc. for breach of contract and fraud.  The complaint alleges that, although America Bottling, Inc. agreed to deliver bottles of a correctly formulated energy drink to a customer, American Bottling, Inc. delivered less than one-third of the bottles contracted for, all of which were incorrectly formulated, and charged the plaintiff more than the agreed on price.  The plaintiff is seeking compensatory damages and punitive damages.

Burt Legal Files Suit Against Grandstay Hospitality, LLC for Whistleblower Retaliation

The Law Office of Joshua A. Burt filed a lawsuit today against Grandstay Hospitality, LLC and a supervisor for whistleblower retaliation, failure to pay overtime, denial of meal and rest breaks, and breach of privacy rights, among other things.  The complaint alleges that Grandstay Hospitality, LLC fired the plaintiff after he reported possible illegal activities by management.  Furthermore, Granstay Hospitality, LLC is alleged to have doctored time cards so as to avoid paying overtime and also failed to provide meal and rest breaks to its employees.  The plaintiff is seeking damages for lost wages, emotional trauma, and punitive damages.

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