What is Retaliation?

Retaliation is defined as “harming someone because they have harmed you” or, simply put, revenge. In employment, the term retaliation is used to mean “adverse employment action” against an employee who has engaged in “protected conduct.” In order to establish a prima facie case of retaliation, an employee must show each of the following: that the employee engaged in a protected activity; that the defendant subjected Read More

Reasonable Accommodation Rights of Disabled Employees in California

Nationwide, the Americans with Disabilities Act (ADA) protects American workers with disabilities from unfair treatment and discrimination. The California Fair Employment and Housing Act (FEHA) also protects disabled workers and generally provides broader safeguards than the ADA. The FEHA applies to all California employers with five or more employees. The FEHA defines ‘disability’ broadly as any physical or mental Read More

Xenophobia: Race and National Origin Discrimination in the Period of COVID-19

Race, ethnicity and country of origin are immutable characteristics. Individuals cannot alter the circumstances of their birth. Nor should anyone in the United States — a nation built by immigrants from all over the world — be made to feel unworthy because of those circumstances. That’s why California and Federal law prohibits discrimination based on race or national origin during any part of employment, such as Read More