Practice Areas

The Law Office of Pamela Pitt advocates for the rights of employees in an array of employment law areas, including: 

Wrongful Termination

Where there is no specified term of employment, California presumes that employment, is "at will," meaning that either the employer or employee may terminate the relationship without notice and without cause.  However, there are several exceptions to this general rule.  For instance, it is unlawful for an employer to terminate or demote an employee based on discriminatory practices, or for reporting employer violations. 

Discrimination

California's Fair Employment and Housing Act (FEHA) specifically states that it is "unlawful... for an employer, because of the race, religious creed, color, national origin... marital status, sex, age, or sexual orientation of any person, to refuse to hire or employ the person... or to discharge the person from employment... or to discriminate against the person in compensation or in terms, conditions, or privileges of employment." 

A host of federal statutes protect employees from being discriminated against by their employers.  The Age Discrimination in Employment Act of 1967 (ADEA) prohibits employers from discriminating against employees on the basis of age who are 40 years or older.  Title VII of the Civil Rights Act of 1964 prohibits discrimination in the workplace based on race, sex, national origin, and religion. 

Reasonable Accommodation for Disabilities

Title I of the Americans with Disabilities Act of 1990 (ADA) requires employers to provide reasonable accommodations to qualified individuals with disabilities.  The ADA defines an "accommodation" as any change in the work environment or any departure from how things are normally done at the workplace that enables employees to have equal opportunities. 

Additionally, if your employer employs enough people and you are pregnant or need to care for immediate family members who have serious health conditions, the federal Family and Medical Leave Act and the California Family Rights Act allows you to take a leave of absence to care for your newborn child or care for your family member.  The employer cannot terminate you or retaliate against you for taking this type of leave of absence.  If your employer refuses, you may be able to file a lawsuit for denial of reasonable accommodations.

Sexual Harassment

Sexual harassment, which also includes same-sex harassment, is a form of discrimination and is prohibited by federal and state laws.  Generally, there are two forms of sexual harassment:  quid-pro-quo harassment and hostile environment harassment. 

• Quid-pro-quo harassment occurs when an employer, the employer's agent, co-worker, or supervisor makes sex a condition of getting certain job benefits, such as a promotion, or uses sex as a basis for denying certain workplace privileges. 
• Hostile environment harassment occurs when employers, supervisors, or co-workers engage in verbal or physical conduct of a sexual nature that negatively affects a person's employment, work performance, or creates an intimidating or offensive workplace.  Examples of this type of conduct include making sexual jokes, displaying sexual pictures, unwanted touching, and making offensive sexual comments. 

Other Types of Harassment

Many people confuse harassment that is illegal in nature with harassment that is rude or uncivil.  The former is prohibited by law, whereas the latter is not.  By law, your employer cannot discriminate against you or harass you based on your race, national origin, age, gender, pregnancy, disability, religion, or sexual orientation.  However, if your employer treats you rudely due to a personality conflict, this is not the type of harassment that the law prohibits.     

Retaliation

Generally, the law prohibits employers from retaliating against their employees for reporting on violations of the law.  When employees make official complaints about discrimination or harassment at the workplace or file a lawsuit against the employer, employers are legally prohibited from terminating or demoting the employee in retaliation.  These protections are in place even for an employee who is speaking on behalf of another co-worker. 

Employers are also prohibited from retaliating against their employees who engage in "whistle blowing."  Whistle blowing is the act of reporting on the unlawful acts of the employer to an outside government or law enforcement agency.  To understand the full scope of protections the law offers to whistle blowers, contact us for more information. 

Housing Discrimination & Public Accommodation

In addition to our work promoting fair workplace practices, we also represent clients in cases of housing discrimination and public accommodation matters.  If you have been discriminated against while purchasing or renting a home or are unable to access public buildings or businesses due to your disabilities, we can help. 

For an experienced and knowledgeable employment attorney, contact the Law Office of Pamela Pitt today to discuss your case with us.