FAQ’s
Parveen Kanda of The Kanda Firm brings decades of experience in handling cases related to discrimination, harassment, wrongful termination, whistleblower retaliation, wage and hour disputes, and disability accommodation. Our employment law office recognizes the gravity of workplace challenges and is committed to vigorously advocating for your legal rights. Navigating workplace issues can be difficult, but understanding California and federal employment laws can help you better prepare for what lies ahead. We aim to empower you with essential information, enabling you to face potential legal challenges with confidence and with us on your side.
In California, employees have the right to work in a safe and respectful environment. Unfortunately, many employers frequently violate state and federal employment laws. If you’ve experienced discrimination, retaliation, or harassment (including sexual harassment), you have the right to seek legal recourse. Employment law cases are often complex, requiring an in-depth understanding of relevant statutes and case law. To assist, we’ve compiled answers to common employment law questions. For personalized advice or specific concerns, contact us through the contact page at www.TheKandaFirm.com.
California Employment Law Frequently Asked Questions
What Is Considered Disability Discrimination Under California Employment Law?
How Can I Determine If I’m Eligible for a Reasonable Accommodation at Work in California?
Should I Take Legal Action if My Employer Replaces Me While I’m on Maternity Leave?
What Evidence Do I Need to Prove My Workplace Sexual Harassment Claim in California?
How Can I Identify if My Employer Has Retaliated Against Me Under California Employment Law?
Can I File a Wrongful Termination Lawsuit After Being Fired in California?
How Does Being an At-Will Employee Impact My Employment Law Claim in California?
Can I Pursue a Workplace Harassment Claim if Harassment by My Employer Occurred Outside of Work Hours?
What Is Considered Disability Discrimination Under California Employment Law?
The Fair Employment and Housing Act (FEHA) outlines protections against workplace discrimination, including discrimination based on disability. Under California law, a disability is defined as any condition that "limits a major life activity," encompassing both physical and mental impairments. Disability discrimination occurs when an employer treats an employee or job applicant unfairly due to their disability. Additionally, California law mandates that employers provide reasonable accommodations to support employees with disabilities unless doing so would impose an undue hardship on the employer.
How Can I Determine If I’m Eligible for a Reasonable Accommodation at Work in California?
In California, employers with five or more employees are legally required to provide reasonable accommodations for individuals with mental or physical disabilities. However, this obligation does not extend to accommodations that would cause undue hardship for the employer. The Fair Employment and Housing Act (FEHA) mandates that employers engage in an "interactive process" to evaluate whether an individual qualifies for a reasonable accommodation. This process involves a personalized assessment of the job requirements and the specific limitations of the employee or applicant. Through this evaluation, eligibility for reasonable accommodations related to a particular job function can be determined.
Should I Take Legal Action if My Employer Replaces Me While I’m on Maternity Leave?
Under California law, employees are entitled to take up to 12 weeks of leave to care for a newborn child. Maternity leave is safeguarded by both California and federal laws, requiring employers to keep your position available until you return. If your employer permanently replaces you during your maternity leave, you may have grounds for legal action. Termination motivated by your pregnancy or maternity leave constitutes a violation of California and federal anti-discrimination laws.
What Evidence Do I Need to Prove My Workplace Sexual Harassment Claim in California?
California law recognizes two types of sexual harassment: hostile work environment and quid pro quo. A hostile work environment involves “unwanted sexual advances or visual, verbal, or physical conduct of a sexual nature” directed at an employee because of their gender. To prove this type of harassment, certain criteria must be met:
The conduct was unwelcome – You must provide evidence that the sexual behavior was not invited or accepted.
The conduct was severe or pervasive – This means it either occurred over an extended period and interfered with your ability to work, or it was so severe that a single incident affected your job performance.
Hostile work environment sexual harassment can also occur if your employer imposes less favorable working conditions on you than on coworkers of a different gender. Examples include discriminatory practices in hiring, pay, promotions, work schedules, job assignments, leave benefits, evaluations, discipline, or termination.
To establish a quid pro quo harassment claim, you must show that a supervisor or manager demanded sexual favors in exchange for employment opportunities, continued employment, or workplace benefits such as promotions or raises.
We will assist you in gathering evidence and assessing whether your case meets the legal criteria for workplace sexual harassment.
How Can I Identify if My Employer Has Retaliated Against Me Under California Employment Law?
Under California law, including the Fair Employment and Housing Act (FEHA), retaliation against employees for engaging in protected workplace activities is prohibited. This means your employer cannot penalize you for exercising your rights under the law. To prove workplace retaliation, your claim must meet specific criteria:
Protected Activity – You must demonstrate that you engaged in a protected workplace activity, such as reporting discrimination or sexual harassment.
Materially Adverse Action – You need evidence showing that your employer took a materially adverse action against you, such as demotion, termination, or another significant negative employment decision.
Causal Connection – You must establish a link between your protected activity and your employer's adverse action.
If these conditions are satisfied, your employer may be found guilty of workplace retaliation.
Can I File a Wrongful Termination Lawsuit After Being Fired in California?
In California, your employer cannot terminate your employment if it violates the terms of your contract or California public policy. Firing you for discriminatory reasons or for exercising certain legal rights is considered wrongful termination and may warrant legal action. Depending on your situation, you may need to file a complaint with the Department of Fair Employment and Housing (DFEH) within one year of the wrongful termination or related misconduct. Once you receive a right-to-sue letter from the DFEH, you have one year to file a wrongful termination lawsuit in state court. We will assist you in meeting all necessary legal deadlines to protect your rights.
How Does Being an At-Will Employee Impact My Employment Law Claim in California?
California is an at-will employment state, meaning your employer can terminate your employment for any reason or no reason, as long as the reason is not illegal. However, both California and federal laws provide protections against certain types of wrongful termination. Employers cannot fire you for discriminatory reasons, such as your membership in a protected class, or for engaging in protected workplace activities, such as reporting misconduct or harassment (retaliation). Additionally, if your employment contract specifies that termination can only occur for good cause, your employer is obligated to adhere to those terms.
Can I Pursue a Workplace Harassment Claim for Employer Harassment Occurring Outside of Work Hours?
Workplace sexual harassment can extend beyond regular working hours. Harassment by coworkers, supervisors, or employers may occur after hours, and the location of the harassment does not prevent you from reporting it or seeking accountability. California law places no geographic restrictions on workplace sexual harassment claims and does not distinguish between on-the-clock and off-the-clock incidents. As long as a working relationship exists, gender-based harassment is prohibited under the law. We can support you in pursuing your sexual harassment claim and provide additional information on this important issue.