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Labor & Employment

Labor & Employment Law

The attorneys at Abouelsood & Associates, APC have successfully represented clients who have been subjected to their employer’s illegal practices. Unfortunately, injustice in the workplace is not something of the past and employees should not be victims of the injustice. We work thoroughly and carefully to protect your legal rights.

  • Wrongful Termination
  • Sexual Harassment
  • Discrimination (race, gender, age, sexual orientation, religious, disability)
  • Retaliation
  • Whistle-blowing
  • EEOC/DFEH claims
  • Title VII

DISCRIMINATION

Employment discrimination happens when an employee or job applicant is treated unfavorably because of his or her race, skin color, national origin, gender, disability, religion, age, sexual orientation or perceived sexual orientation, among other forms. Employers cannot discriminate during the employment application process, the employment itself, or the termination process. For example, if you have been discriminated against because of your race or religion, you are a victim of employment discrimination.

HARASSMENT

Employment harassment against a protected class cannot take place under any circumstance and is prohibited by both state and federal laws. Harassment typically, but not exclusively, takes place between supervisors and co-workers. Harassment must be based on a protected characteristic, such as religion, gender, or sexual orientation, among other factors. Harassment may come in different forms such as unwanted advances, unwanted touching, derogatory comments, offensive jokes, among other forms.

The United States Department of Labor states “Prohibited workplace harassment may take either of two forms. It may entail “quid pro quo” harassment, which occurs in cases in which employment decisions or treatment are based on submission to or rejection of unwelcome conduct, typically conduct of a sexual nature. Workplace harassment may also consist of offensive conduct based on one or more of the protected groups above that is so severe or pervasive that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as being fired or demoted).”

RETALIATION

If you have filed a complaint for harassment, discrimination, or any other employment law violation, your employer may not retaliate against you. Retaliation may come in different forms. Some are subtle, such as changing your work shift when the employer knows that it is highly unreasonable given certain circumstances or in other forms that are more blatant such as receiving a demotion, reduction in pay, substantive change in work duties, due to your complaints about discrimination or harassment in the workplace.

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