Common examples include being denied benefits for a same-sex partner, facing different treatment after your employer learns about your sexual orientation or being subjected to hostile comments about your personal relationships. Employees may be passed over for promotions, recieve unequal compensation or experience harassment based on assumptions about their sexual orientation or gender expression.
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Mediation Lawyers in Bay Area
Mediation can be used in employment disputes to solve problems quickly and inexpensively. Instead of drawn-out litigation, mediation offers parties a means of coming to an agreement without involving the courts. It can be useful in a number of situations, such as when the two parties involved are otherwise close, want an amicable ending to the dispute and hope to move forward without animosity. The Law Offices of Jeannette A. Vaccaro PC can help you determine whether mediation is feasible. Here, we will discuss mediation as an option and when it is likely preferable to litigation.
Mediation vs. Litigation
Litigation and mediation are two different approaches to resolving disputes. Litigation involves formal legal proceedings in which a case is brought before a court of law. The process can be costly, as it may involve multiple hearings, extensive legal fees and the potential for appeals, prolonging the resolution for months or even years.
Whereas litigation involves the courts, mediation involves handling a problem “in-house,” so to speak. Mediation offers a more private and cost-effective alternative. It involves the parties working with a third-party mediator to find a mutually agreeable solution. This process is typically conducted in a private setting. Mediation also allows for more flexible and creative solutions without following courtroom procedures. With fewer formalities and a focus on collaboration, mediation often progresses faster than litigation and reaches a resolution within a shorter timeframe.
Understanding Mediation
Mediation is the least formal option available to parties in a dispute. Mediations can be used in almost any kind of civil proceeding, including employment disputes. Parties who are on opposite sides of a dispute will attempt to work out their differences with the aid of a neutral third party who facilitates the discussion. The mediator does not render a decision. Unless both parties agree to sign a contract moving forward, nothing actionable comes from mediation. That being said, mediation can render results that both parties agree are fair and avoid future confrontation.
When is Mediation Appropriate?
Mediation is often the first step in the process of remedying a dispute. As an example, let us say an employee is unsatisfied with his or her employer’s response to a particular problem. That employee would have the option of moving forward with filing a lawsuit against the employer. If the situation that you are experiencing can best be handled by a discussion with the individual with whom you are involved in a dispute, then mediation is a good option. In cases in which any possibility for common ground has broken down, litigation is likely more appropriate.
The largest benefit of mediation is that it is less expensive than litigating a legal issue in the courts. Litigation requires a lot of work and, therefore, a lot of money. Ultimately, it is up to you to decide which method best represents your interests in resolving your dispute.
Talk to a California Mediation Attorney Today
If you are facing a complicated legal matter and are uncertain about the best course of action, our attorney at the Law Offices of Jeannette A. Vaccaro PC can assist. We are dedicated to helping you navigate your situation and will work closely with you to determine whether mediation may be a suitable option for your situation. Call today for a consultation.
FAQs About Employment Dispute Mediation in California
What should I do if I experience sexual orientation discrimination at work?
Document all instances of discriminatory behavior by keeping detailed records of dates, times, witnesses and specific actions or comments made against you. Report the discrimination to your HR department or supervisor according to your company’s policies, and preserve all communications related to your complaint.
Do I need to report discrimination internally before filing a legal claim?
While not legally required, reporting discrimination through your employer’s internal procedures can create important documentation and may resolve the issue without litigation. However, if internal reporting doesn’t address the problem or if you face retaliation, you should consult with an experienced employment attorney immediately.
What if my employer has a policy against sexual orientation discrimination but allows it to happen anyway?
Having a non-discrimination policy doesn’t shield employers from liability if they fail to enforce it or allow discriminatory behavior to continue. If your employer knew or should have known about the discrimination yet didn’t take appropriate corrective action, they can still be held liable under California law.
Is it discrimination if my coworkers make jokes or comments about LGBTQ+ people?
Yes, persistent jokes, slurs or derogatory comments about sexual orientation can contribute to a hostile work environment, which constitutes discrimination under California law. Your employer has a duty to address this behavior and prevent it from continuing once they become aware of it.
What protections do transgender employees have in California?
California law provides comprehensive protections for transgender employees, including discrimination based on gender identity, gender expression and gender transition. These protections cover issues such as bathroom access, dress codes and the right to be addressed by your preferred name and pronouns.
Think You May
Have A Case?
Jeannette is passionate about employee rights. She fights to shed light on injustices and to help her clients move beyond troubling times. Contact Jeannette today for a free case evaluation.
Jeannette A. Vaccaro is a Passionate and zealous advocate, representing employees in all facets of employment law.
Over
$20 MILLION
Recovered on Behalf of Employees
Think You May Have A Case?
Jeannette is passionate about employee rights. She fights to shed light on injustices and to help her clients move beyond troubling times. Contact Jeannette today for a free case evaluation.
$2,000,000
Settlement after arbitration in a disability discrimination case involving a tech worker.
$1,822,000
Settlement after successful jury verdict in disability discrimination case.
$1,021,000
Arbitration award in race harassment and discrimination suit.
$924,000
Arbitration award obtained on behalf of employee terminated on account of his national origin.
$800,000
Settlement on behalf of a janitor in a medical leave retaliation case.
$695,000
Jury verdict obtained on behalf of long-term employee in suit for unpaid wages.
$475,00
Settlement for employee that was retaliated against on account of reporting discrimination.
$425,000
Settlement for employee discriminated against on account of her gender and age.
$425,000
Pre-litigation settlement for victim of race & national origin discrimination.
$400,000
Settlement negotiated in a gender discrimination case.
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