What Is the Fair Employment and Housing Act?

The Fair Employment and Housing Act provides protection to employees from illegal employment practices. Employers are subject to the Fair Employment and Housing Act in case they have five or more employees. Under FEHA, an employer is prohibited from taking adverse action against his employee based on discrimination or retaliation. The Fair Employment and Housing Act also provides protection to employees from harassment, failing to take necessary steps to prevent harassment and discrimination, and failing to provide reasonable accommodations for pregnancy or mental or physical disability.

Forms of Workplace Harassment and Discrimination

Workplace harassment and discrimination can be in different forms, including cases of:

• Sexual harassment
• Retaliation
• Religious discrimination
• Disability discrimination
• Age discrimination
• Gender discrimination
• Discrimination on the basis of sexual orientation

In case there is proof that the employer failed to take the required steps to protect his employee from discrimination or harassment at the workplace, the employee may have been eligible to take legal action against his employer.

What Must the Employee Prove?

To bring a claim against the employer a plaintiff must establish the following elements:

• The plaintiff was engaged in a protected activity
• Employer subjected the employee to an adverse employment action
• The plaintiff suffered harm
• Employer's actions were the main reason for causing harm to the plaintiff

What Are Considered Protected Activity Under FEHA?

Protected activity can include the following:

• Making a charge
• Testifying
• Assisting
• Participating in any manner in hearings or proceedings under the statutes

It is illegal for an employer to terminate his employee who threatened to file a charge of employment discrimination against him.

Adverse Employment Action

Adverse employment action according to the Fair Employment and Housing Act is an action that materially affects the conditions, terms, or privileges of employment.

Statute of Limitations for Filing a Claim for FEHA Violations

An employee must file the discrimination claims within the Department of Fair Employment and Housing within 1 year from the date of the discrimination.

The Process of Filling a Complaint Against an Employer

Filing a complaint with the DFEH is required before the employee can file a lawsuit pursuant to the Fair Employment and Housing Act. An online form to file a complaint against an employer can be found on the DFEH website.

Filling a Lawsuit Against an Employer

When a plaintiff files a complaint with the Department of Fair Employment and Housing, he/she can either:

• Request that the department issue a "right to sue" notice
• The Department will issue a "right to sue" notice after they have made an investigation

Thus, an employee is only eligible to file a lawsuit over the Fair Employment and Housing Act retaliation or discrimination after getting a "right to sue" notice from the Department of Fair Employment and Housing.

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How Can You Get Financial Coverage If You Suffered Due to COVID-19 "Stay-At-Home" Orders?

The whole world is suffering nowadays because of the Coronavirus (COVID-19). The United States, like numerous other countries, is on national lockdown. The lockdown affected everyone either directly or indirectly. Both small and large businesses have suffered as a result. Free movement is immensely limited after Los Angeles Mayor's "stay-at-home" order. This leads to a chaotic environment for numerous businesses. It can be especially crucial for small businesses. Several businesses can not be operated at all. It is very important now to provide especially the small and essential businesses with assistance and with new stimulus to overcome this situation. Any kind of business assistance is worth it now. Additionally, still, several ways may be revealed to seek coverage from your insurance for harm caused to your business due to the lockdown.

In Which Scenarios Can You Claim Coverage?

Different types of insurances exist to secure your business from undesired consequences. And each of them has its own policies, which define when, how, in which terms the insured can claim and get coverage. Many entrepreneurs prefer to pay more for insurances, to be premium members, and to be on the safe side, but some of them choose cheaper insurances, without any additional coverage only for the riskiest scenarios. To figure out whether you can claim coverage from your insurance you should read very carefully the policy defined for your insurance. In the policy, you may meet the point that provides you with the lawful right to claim for your coverage. Sometimes it can be very difficult for a non-lawyer to discover that very point in the whole policy and it is important to consult with an attorney experienced in cases related to Insurances.

Who Can Apply?

If you found out that your insurance contains the point that covers the present scene and you strongly believe that there exists the lawful right to claim for coverage, you should figure out now who has the liability to claim. By default, it will be the business owner on behalf of his or her own business. There may be a possibility also for landlords, who are forced to deal with unpaid rent and other related issues stemming from their tenants' cessation of use with respect to the Insured Premises.

Receive Legal Assistance for Financial Coverage Claims Related to COVID-19 Stay at Home Orders

The nowadays situation is very unusual, it may even become confusing to a lawyer, let alone to a person without any legal discipline at all.

Los Angeles Insurance Attorneys

KAASS Law firm's lawyers are experienced in cases related to insurances and they can provide you with Coronavirus (COVID-19) legal help. They can help in the validity of the potential claim. They can ensure that the time limit, in your case, is met. Also, to produce the imperative paperwork available. This paperwork plays a huge role in such kinds of processes and is a mandatory part of compliance rules.

Employees who are temporarily out of work due to no fault of their own may be eligible for unemployment benefits. However, eligibility requirements, prior earnings requirements, benefit amounts, and other details differ by state. The following are the basic guidelines for receiving unemployment benefits in California. The Employment Development Department in California is the agency in charge of unemployment benefits (EDD).

Differences Between Regular Unemployment and COVID-19 Unemployment

The impact of COVID-19 does not require a person to have a layoff in order to receive benefits. Additionally, federal laws have changed in order to include those out of work due to the virus. Now, states can pay benefits in the following situations:

• Unemployed as his employer temporarily ceasing operations due to virus
• Has reduced hours at work due to the virus
• Quarantined with the expectation of returning to work after the quarantine is over
• Has voluntarily left his work due to a risk of infection
• Has voluntarily left his care for a family member

What Is the Income Time Period That Unemployment Benefits Are Based Upon?

In order to receive unemployment insurance benefits, you must meet state income and time worked requirements over a set period of time known as the "base period." In most states, your base period is a one-year period that includes the last four of the last five calendar quarters worked prior to filing your claim. When determining eligibility, your unemployment agency will most likely use a base period of these four full calendar quarters. If you file an unemployment claim between January and March, your base period is January to September of the previous year, as well as October to December of the year before. The base period for claims filed in April through June is January through December of the previous year. For July through September clams, a base period of April through December of the previous year and January through March of the current year is used. Finally, claims filed from October to December have a base period of the previous year's July to December and the current year's January to June.

How Much Money Can a Person Get for a Reduction in Hours?

Employees whose hours have been limited may be eligible for partial unemployment benefits, which are typically a portion of the pay they would have did receive if they were fully unemployed. Employees who quit due to a significant reduction in hours or pay may be eligible for unemployment benefits as well. According to the Employment Development Department, the first $25 or 25 percent of employee's wages, whichever is the greater amount, is not wages earned and won't be reduced from his UI weekly benefit amount.

Where Must a Person File for Unemployment Benefits in California?

The required information can be found here: https://www.edd.ca.gov/. Select "File & Manage a Claim" to apply for unemployment benefits. Through this link, a person can also learn about the appeals process, find current benefit amounts, eligibility requirements and more.

Glendale Personal Injury Lawyer

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On July 1, 2018, California's Fair Employment and Housing Commission regulations expand its protections against "national origin discrimination" under the FEHA. Fair Employment and Housing Act apply to public employers in California.

National Origin Discrimination Under FEHA

The regulations clarify the definition of "national origin" and includes the individual's or an ancestor's actual or perceived characteristics including:

• Physical, cultural, or linguistic characteristics associated with a national origin group
• Marriage to or association with persons of a national origin group
• Tribal affiliation
• Membership in or association with an organization identified with or seeking to promote the interests of a national origin group;
• Attendance or participation in schools, churches, temples, mosques or other religious institutions generally used by persons of national origin group; and
• Name that is associated with a national origin group.

The regulations also provide protections to "national origin groups" including geographic places of origin, ethnic groups, and countries that are not presently in existence. Under this definition, an employee's protected national origin status includes:

• A geographic location or country
• A formerly existing country
• A region that is not a country but is associated with an ethnic group.

The regulations also state that "undocumented employee or applicant employee" is the appropriate reference to someone who lacks authorization under federal law to be or work in the USA.

National Origin Discrimination by Language Restrictions at Workplace

Since 2001, the State of California has prohibited employers from adopting a policy that prohibits or limits the use of any particular language in the workplace, unless the employer met certain notice requirements and a business necessity justified the restriction. The regulations also state additional restrictions on employers who limit or prohibit employees from using any language in the workplace. Workplace language restrictions are prohibited unless:

• The restriction is justified by a business necessity. (Business necessity doesn't exist where the restriction is based on mere "business convenience.")
• The restriction is narrowly tailored
• The employer notifies employees of the time and conditions when the restriction must be observed and the consequences for violating the restrictions.

According to the regulations "English-only" rules are not lawful during an employee's non-work time, such as lunch, breaks or unpaid employer-sponsored events.

Immigration-Related Practices

The regulations place some restrictions on immigration-related practices also. The employer is prohibited from making inquiries into an employee's immigration status unless he can present clear and convincing evidence that such inquiry is necessary to comply with federal immigration law. It is also illegal for an employer to retaliate against or discriminate against the employee because of the employee's immigration status unless he can present clear and convincing evidence that such inquiry is necessary to comply with federal immigration law. The employer can't take adverse action against an employee who updates or attempts to update his personal information because of a change in the name, government-issued employment documents, or social security number.

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The Coronavirus Aid, Relief, and Economic Security Act includes significant provisions that affect American citizens professionally and personally. Particularly, the CARES Act includes Paycheck Protection Program – a new loan program administered through the SBA, which provides up to $349 billion in loans to eligible entities, with such loans being subject to forgiveness under certain conditions. The hundred percent federally-guaranteed loans are available under a new subsection 36 of Section 7(a) of the Small Business Act.

Purposes of SBA Loans

Provided loans can be used for different purposes, such as:

• Rent cost
• Payroll costs utilities
• Mortgage interest cost
• Interest on debt existing prior to February 15, 2020
• Utility payments
• Payment for vacation, parental, medical, family or sick leave
• Payment of retirement benefits
• Dismissal or separation payments
• Payment for group health care benefits

Though the loan can't be used for:

• Compensation of independent contractors, individual employees, or sole proprietors in excess of an annual salary of $100,000
• Compensation of employees with a principal place of residence outside the USA
• Leave wages already covered by the Families First Coronavirus Response Act.

List of Eligible Entities

Eligible entities are the ones that generally have fewer than 500 employees, including the following:

• Businesses
• Veterans organizations
• 501(c)(3) nonprofit organizations
• Eligible self-employed individuals
• Sole proprietorships
• Independent contractors
• Businesses in the accommodation and food services sector (NAICS 72) with fewer than 500 employees per location

Moreover, the loan can also be available to other entities in certain industries that otherwise fall under the definition of "small business concern" mentioned in the Small Business Administration Act. In some instances, those businesses can have up to 1,500 employees and still be considered a small business concern.

Terms of Providing Loans

Loans can be provided for up to a ten-year term at 4 % interest, from 6 months and up to 1-year deferral of principal and interest payments. Loans are available with:

• No collateral
• No SBA fees
• No prepayment fees
• No personal guaranties of members, partners or shareholders
• No proving recipient can't get funds elsewhere

Loan borrowers must show that it is necessary due to the uncertainty of current economic conditions; that they are not getting duplicative funds for the same uses and that the loan will be used to maintain payroll, retain workers, or make lease, utility or mortgage payments.

The Maximum Loan Amount

The maximum loan amount is the lesser of $10 million or two-and-a-half months' payroll (salaries, leave, insurance, taxes, etc.), calculated by the business's average total monthly payments for payroll costs incurred during the previous one-year period.

Loan Forgiveness

Loan borrowers will be eligible for loan forgiveness for eight weeks commencing from the origination date of the loan of payroll costs and utility, rent or mortgage interest payments. The eligible payroll cost doesn't include yearly compensation of more than $100,000 for individual employees.

In What Cases Can the Amount of Loan Forgiveness Be Reduced?

• In case the employer reduces the pay of any employee by more than 25% as of the last calendar quarter.
• In case the employer reduces the number of employees as compared to the prior year

How to Apply for Loan Forgiveness?

A borrower must submit to the lender an application with the required information after which the lender will have 60 days to issue a decision. A borrower must provide the following information:

• Documentation verifying employment and payroll costs
• Documentation verifying mortgage interest, rent and utility payments
• Certifications from an authorized representative that all information presented is correct and true

SBA Loans Video

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According to the California Fair Employment and Housing Act, (Gov. Code §12940 et seq.), it is illegal for an employer to fire, fail to hire, or discriminate in any way against a person on the basis of their sexual orientation. Sexual orientation can mean homosexuality, bisexuality, and heterosexuality. Furthermore, includes the perception that a person has some characteristics or in case a person actually has the characteristics of a type of sexual orientation.

Fair Employment and Housing Act ("FEHA")

Fair Employment and Housing Act apply to employers with five or more employees. The exception is the cases of harassment, where there is no minimum employer size. The FEHA also applies to labor unions, employment agencies, state licensing boards, and state and local governments. Though, the FEHA doesn't provide protection for federal employees.

Examples of Sexual Orientation Discrimination in the Workplace

Examples of sexual orientation discrimination in the workplace include the following:

• The employer terminated the employee based on his sexual orientation
• The employer refused to hire a transgender man
• The employer fired an employee because he is a gay
• Employer harassed an employee because of a gender transition
• The employer denied a person an employee promotion because of his sexual preference

Filing a Complaint with DFEH

A discriminated employee can file a complaint with the Department of Fair Employment and Housing (DFEH). DFEH will either investigate the complaint or issue a "right-to-sue" notice. In case the DFEH finds evidence of discrimination based on sexual orientation and is not able to reach a settlement between the employer and employee, the agency can "prosecute" the case by holding a formal hearing or filing a lawsuit on behalf of the employee. In case the agency decides not to prosecute the case, the employee will receive a "right to sue" notice from the Department of Fair Employment and Housing.

Statute of Limitations in Workplace Sexual Orientation Discrimination

A person will have one year from the date of the sexual orientation discriminatory act to get a right-to-sue notice from the Department of Fair Employment and Housing.

What Can an Employee Recover in a Sexual Orientation Discrimination Lawsuit?

In case a person wins a discrimination lawsuit he may be eligible to recover the income that was lost as a result of the discrimination. The person can particularly recover:

• Compensatory damages, which include lost wages and benefits from his employment and any other economic disadvantages that happened as a result of because of discrimination.
• Emotional distress damages.
• Punitive damages. The jury will consider the employer's misconduct in case it was extremely malicious or outrageous. Punitive damages are generally awarded for punishing the defendant.
• Attorney's fees and costs

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Gender discrimination happens when the company treats an employee differently because the person is a man or a woman. Gender discrimination in the workplace can be in different forms and the law applies to both women and men, though women are considered the predominant victim.

Federal and State Laws Governing Gender Discrimination in the Workplace

• Title VII of the Civil Rights Act of 1964

This is a federal law which prohibits employers from discriminating against several protected classes, including sex and gender. Title VII, Civil Rights Act of 1964 applies to employers who have fifty of more employees. It applies to federal, state, local governments, employment agencies public and private universities or colleges and labor organizations.

• Equal Pay Act of 1963

Equal Pay Act of 1963 is a federal law which expands on Title VII of the Civil Rights Act. The Act only protects against wage discrimination, unlike Title VII which covers all types of employment discriminations.

• The Fair Employment and Housing Act

California's Fair Employment and Housing Act is a state law which applies to both public and private employers, employment agencies and labor organizations. It is the most powerful anti-discrimination law in California and prohibits employers from discriminating against employees and job applicants. Individuals who are protected under this law:

• Employees
• Unpaid interns
• Volunteers
• Contractors
• Job applicants

Examples of Gender Discrimination:

Here are some examples of discrimination at the workplace based on a person's gender.

• Employer refused to hire the person
• Employer demoted the person
• Employer fired the person
• Employer paid less
• Employer reduced the salary
• Employer denied equal pay
• Employer denied person's benefits
• Employer denied a promotion
• Employer harassed the person
• Employer refused pregnancy disability leave
• Employer refused to select the person for a training program
• Employer denied reinstatement

Effects of Discrimination at the Workplace

When a person becomes the victim of gender discrimination at the workplace, he will likely experience the following:

• Decrease in productivity
• Low self-esteem
• The tension between the company and the victim
• Frustration, fear or anger
• Isolation from the rest of the team

Statute of Limitations for Filing Gender Discrimination Charges in California

According to the California state DFEH agency, a statute of limitations for filing an administrative charge is one year from the day of the last act of discrimination.

Damages Available in an Employment Discrimination Lawsuit

In California the damages available in an employment discrimination lawsuit depend on the type of discrimination involved and can include:

• Back pay
• Front pay
• Higher income from a promotion
• Higher income from a raise
• Different types of benefits
• Pain and suffering
• Emotional distress
• In some cases also punitive damages are available

If you have experienced or are experiencing gender discrimination, talk to our experienced employment lawyer as soon as possible. Make sure that you do before the statute of limitations is up. KAASS Law can help you file an administrative charge and collect the right evidence to prove the claim in court. Get in touch now by giving us a call at {meta.phoneFormatted} or by using the form below. Your Name (required) Your Phone Number (required) Preferred Time to Contact You Back Your Email Subject Your Message By checking this button I consent to the terms and conditions of KAASS Law.

Like residential and other commercial property owners, hotel owners have a duty of reasonable care and keep the property in a safe condition by discovering unsafe conditions and replacing, repairing, or giving adequate warning of a dangerous condition that can cause injury or harm to someone.

California Laws Related to Hotel Owner Premises Liability

According to CACI 1001, hotel owners are legally responsible for dangerous and unsafe conditions that they either knew about or should have reasonably known. According to California law hotel owners are particularly required:

• To keep walkways free of obstacles
• To mark clearly locations that are potentially dangerous
• To keep guests reasonably safe from criminal activity and violence.

Are Hotels Liable for Their Employee Conduct?

Hotel owners are also liable for the acts of their employees who are acting within the course and scope of their employment in case they create a dangerous or unsafe condition that can cause injury to someone. the hotel owner is presumed to have notice of that condition, by law. Hotels aren't legally liable for injuries caused by unforeseeable events. A hotel can be responsible for failing to protect the visitors and guests from criminal acts in case it fails to provide chain locks, deadbolt locks, peepholes indoors, and other security devices to avoid contact with criminals.

Some Examples of Accidents That Can Occur as a Result of a Hotel Owner's Negligence:

• Slip-and-fall accidents
• Stairway accidents
• Inadequate security
• Sexual assaults in hotels
• Other accidents and injuries

Common Causes of Hotel Injuries

Common causes of hotel injuries include the following:

• Slippery stairs
• Spills in hotel restaurants
• Unsafe conditions in a swimming pool
• Poorly maintained hotel furniture
• Food poisoning due to contaminated food served
• Improperly installed equipment in a fitness room
• Malfunctioning elevators
• Unsafe equipment in a children's play area.
• Inadequate security that fails to prevent attacks in hallways or hotel garages.

What Must the Plaintiff Prove in a Premises Liability Claim?

To establish the hotel owner's negligence in a premises liability claim, the plaintiff must be able to prove the following elements:

• The hotel owner didn't fulfill his legal obligation to take adequate measures for keeping the premises reasonably safe.
• There was a potentially dangerous situation on the premises, and the hotel owner failed to sufficiently inform the plaintiff about it.
• Plaintiff sustained a personal injury as a result of the hotel's negligence or crime at the hotel.
• Plaintiff's injury was a result of the hotel's negligence

Statute of Limitations for Hotel Accidents in California

In California, a victim has two years to file a premises liability lawsuit against the hotel.

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The California Family Rights Act (CRFA) has aimed to ensure employees with a right to a temporary leave from employment to care for children and medical needs.

Elements of California Family Rights Act Violations

According to CACI 2600 to establish this claim of refusing to grant family care or medical leave, or refusing to return to the same or a comparable job when the family care or medical leave ended the plaintiff must prove all of the following elements:

• Plaintiff was eligible for family care or medical leave.
• Plaintiff requested or took leave for either of the following reasons: the birth of a child or bonding with the child; for the placement of a child for adoption or foster care; to care for a child, parent, spouse who had a serious health condition; for own serious health condition that made him unable to perform job functions.
• Plaintiff provided reasonable notice to the defendant of the need for family care or medical leave, including its expected timing and length.
• Defendant refused to grant the plaintiff's request for family care or medical leave, or, refused to return the plaintiff to the same or a comparable job when or otherwise violated CRFA rights.
• As a result of the defendant's decision, the plaintiff was harmed.

Eligibility for Family Care or Medical Leave

The plaintiff must also prove the following to show the eligibility for family care or medical leave:

• Plaintiff was an employee of the defendant.
• Defendant employed 50 or more employees within 75 miles of the plaintiff's workplace.
• At the time the plaintiff requested or began the leave, he had more than twelve months of service and had worked at least 1,250 hours during the previous 12 months.
• At the time the plaintiff requested or began the leave he should have taken no more than 12 weeks of family care or medical leave in the 12-month period.

The employee must provide reasonable notice to the defendant of the need for medical leave or family care including its expected timing and length. An employee is required to give their employer 30 days advanced notice of taking family leave.

Benefits of California Family Rights Act

California Family Rights Act leave is generally unpaid leave unless the employee chooses to use sick leave, vacation time, or other paid leave time. In case CRFA leave is for the employee's own serious health condition, the employer can require the employee to use accrued leave. Full-time employees can take leave for up to twelve workweeks in a twelve-month period and part-time employees can take leave on a proportional basis. An employee doesn't need to take leave in one continuous period of time.

Remedies for Violating California Family Rights Act

Employees may be eligible to recover the following types of damages in the state of California:

• Lost wages, employment benefits, and other compensation as a result of the CRFA violation.
• Interest on lost salary lost wages, and other compensation.
• Attorney fees.
• Costs of the lawsuit.
• Equitable or injunctive relief, if appropriate.

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Stairway accidents can be more dangerous than you might think. Most people don't know it, but stairway accidents are the second leading cause of personal injury in the United States after auto accidents.

Some Common Reasons for Stairway Accidents

Here are some specific reasons that most stairway falls occur:

• Defective steps
• Slippery surfaces
• Inadequate lighting
• Icy or wet stairs
• Uneven stair height or depth
• Improper riders
• Faulty or damaged steps
• Defective handrails

Common Injuries Caused By Stairway Accidents

• Bruises and cuts
• Concussions or head injuries
• Muscle sprains and strains
• Soft tissue damage
• Broken bones
• Neck or back injuries

California Safety Regulations for Public Stairs

Falling on a stairwell can result in serious injuries or even death to the person. California has a number of safety code regulations concerning staircases. Common safety regulations include:

• Stairs serving an occupant load of more than 50 must have a width of at least 44 inches:
• Private stairways serving an occupant load of fewer than 10 must have a width of at least 30 inches
• Each step in a stairway must be between 4 and 7½ inches tall
• Each step must have a depth of at least 10 inches
• Private stairs serving less than 10 individuals and stairs leading to unoccupied rooftops may have stairs with a maximum height of 8 inches and a minimum depth of 9 inches.
• All stairs must be slip-resistant
• All stairs must be clear of all obstacles and be in good repair
• Circular stairways must have a minimum stair depth of 10 inches
• Every building with 4 or more stories must have an exit to the roof from one set of stairs
• Stairways must have at least 6 feet 6 inches of headroom from the step to the ceiling:

What Must the Plaintiff Prove in a Stairway Accident?

To prove the property owner's fault the plaintiff must be able to establish the following:

• The owner of the premises or an employee of the owner caused the spill, worn or torn spot, or another dangerous stairway condition
• The owner of the premises or an employee of the owner knew or should reasonably have been aware of the dangerous condition but did nothing about it
• The owner of the premises or an employee neglected to remedy the stairway dangerous condition
• The injury incurred by the plaintiff was a direct result of the dangerous condition.
• The plaintiff suffered injury as a result of the dangerous condition of the stairways.

The court also takes into consideration whether the plaintiff had a reasonable purpose for being on the stairs, was acting recklessly and his carelessness contributed to the accident.

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