A successful suit under the Americans with Disabilities Act or under the California Fair Employment and Housing Act carries penalties against the erring employer. 

 

Discrimination in the workplace        

An employee who is discriminated against because he filed a workers’ compensation claim against his employer may pursue an LC § 132(a) discrimination claim in the same workers’ compensation claim he filed against the employer.

            There are however discrimination cases in the workplace that are not covered by the Workers’ Compensation system and which should be pursued in Civil Courts.  The laws covering these cases are however complicated in their application requiring legal representation by a lawyer having expertise in these fields.

             AMERICANS WITH DISABILITIES ACT

            Private employers, state and local governments, employment agencies, labor unions and joint labor-management committees cannot treat employees with disabilities differently from other employees.  An employee who is discriminated against by his employer because of his disabilities, whether or not job related, can file a claim against his employer initially before the EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. If the EEOC finds a basis for the discrimination as charged, it issues a ‘right-to-sue’ letter.  The claimant-employee can then file a complaint in Civil Court against the employer within one (1) year from the date of issuance of the ‘right to sue’ letter.  The complaint before the EEOC must be filed within 180 days from the commission of the alleged discriminatory act.

CA FAIR EMPLOYMENT AND HOUSING ACT

            Similarly, if an employee or prospective employee is discriminated against by an employer, he may file a discrimination charge before the California Department of Fair Employment and Housing. The complaint before the DFEH should be filed within one (1) year from the alleged discriminatory act and a complaint in Civil Court must be filed within one (1) year from the issuance of the ‘right to sue’ letter.

            A successful suit under the Americans with Disabilities Act or under the California Fair Employment and Housing Act carries penalties against the erring employer.  These may consist of job reinstatement, back pay, payment for loss of future earnings, legal fees, witness fees and costs of suit.  Compensatory as well as punitive damages may also be awarded in addition.

            As stated earlier, these special laws are complicated in their application and legal representation is generally required.

            This article has been prepared for educational and general information only, and not intended as specific legal advice or legal opinion on any specific matter.  If you have any question, contact the Law Offices of Sol D. Bello at (408) 297-9088 for a free legal consultation. 

            Mr. Sol Bello’s and Mr. Ken Nakata’s areas of law practice are limited to Workers’ Compensation claims (work related injures) and Personal Injury. (Car accident/slip and fall)  Mr. Bello is fluent in Ilocano and Tagalog.  The Law Office of Sol D. Bello is located at 111 N. Market Street, Suite 415, San Jose, CA 95113, Telephone Nos. (408) 297-9088; (408) 297-9087. E’Mail Address: This e-mail address is being protected from spambots. You need JavaScript enabled to view it .