The Law Offices of Stuart H. Garrison represents clients throughout Los Angeles County in a wide range of employment law matters involving:
- Americans with Disabilities Act (ADA)
- Discipline / Suspension
- Emotional Distress
- Employee Polygraph Protection Act (EPPA)
- Employee Rights
- Employment Contracts
- Employment Discrimination
- Equal Pay Act (EPA)
- Family Medical Leave Act (FMLA)
- Mediation / Alternative Dispute Resolution (ADR)
- Occupational Safety & Health Act (OSHA)
- Older Workers Benefit Protection Act (OWBPA)
- Racial Harassment
- Severance Packages
- Sexual Harassment
- Uniformed Services Employment & Reemployment Rights Act
- Wage & Hour Laws
- Workers' Compensation
- Wrongful Termination
Employee Rights in the Workplace
Both federal and California law protect employees from unlawful workplace discrimination. Under the California Fair Employment and Housing Act (FEHA), employers may not hire, fire, demote, refuse to promote, refuse to train, provide benefits, provide bonuses, or make any other employment decisions as to the terms, conditions, or privileges of employment based solely on one or more of these protected categories:
- Religious creed
- National origin or ancestry
- Physical or mental disability
- Medical condition
- Marital status
- Pregnancy, childbirth, or use or denial of pregnancy leave
- Age (over 40)
- Sexual orientation
- Use or denial of family and medical care leave, including leave allowed under the Family Medical Leave Act and the California Family Rights Act
- Requests or denial of reasonable accommodations for persons with disabilities
In addition to protection from discrimination, employers must prevent sexual and other forms of harassment in the workplace, including harassment by supervisors, co-workers, or third parties. Examples of harassment include, but are not limited to, offering employment benefits in exchange for sexual favors (quid quo pro sexual harassment); unwelcome sexual advances or physical touching; actual or threatened reprimand for refusing sexual advances; leering or staring; making derogatory jokes or comments; and sending sexually suggestive emails.
The Law Offices of Stuart H. Garrison represents both employers and employees in these matters, offering dispute resolution and full litigation services.
Filing a Claim
If you believe that you have been the victim of workplace discrimination or harassment, it is important to act quickly because you must file an administrative claim within 300 days with the California Department of Fair Employment and Housing and/or the Equal Employment Opportunity Commission (EEOC) before you can bring a job discrimination lawsuit against your employer. Consult both of these websites to learn about the required process for filing a claim with either agency. Our office can handle your claim for you once it is in progress.
After you file the charge with either agency, you may be asked to settle the dispute through mediation. If mediation does not resolve the issue, the charge may be given to an agency investigator. The investigator will determine if there was a violation of the law. If a violation is found, the agency will likely try to settle the matter with your employer, but if no violation is found, you will be given a Notice of Right to Sue. In the case that there is a violation and a settlement cannot be reached, the agency may or may not decide to sue your employer on your behalf. If the agency decides not to sue, you will also be given a Notice of Right to Sue. Once you have permission to sue, the Law Offices of Stuart H. Garrison can assist you in building your case.
Seek Experienced Representation
Potentially complex employment law matters require experienced and dedicated representation; Mr. Garrison possesses an in-depth understanding of both state and federal laws governing employer-employee relationships, and he is devoted to working with his clients to achieve optimal results. If you are serious about taking on your legal issue in the workplace, please contact the Law Offices of Stuart H. Garrison.