Workplace Discrimination Law
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- Опубликовано: 9 июн 2024
- Branigan's Discrimination Guide - brobertsonlaw.com/practice-ar...
How Much Money are Discrimination Lawsuits Worth? - • How Much Money are Dis...
How to Complain at Work - • How to Complain at Wor...
Disability Discrimination Explained - • CA Disability Discrimi...
Age Discrimination Explained - • Age Discrimination Law...
Pregnancy Discrimination Explained - • CA Pregnancy Discrimin...
Gender Discrimination Explained - • CA Gender Discriminati...
Religious Discrimination Explained - • CA Religious Discrimin...
Race Discrimination Explained - • CA Race Discrimination...
Sexual Orientation Discrimination Explained - • LGBT & Sexual Orientat...
Reverse Discrimination Explained - • Reverse Discrimination...
CA Discrimination Law Explained by a Lawyer - • CA Discrimination Law ...
The Difference between Discrimination, Harassment & Bullying - • Harassment, Discrimina...
Branigan Robertson is an employment lawyer in Orange County, California. His firm exclusively represents employees in lawsuits against their employers. This video details the legal definition of employment discrimination, the protected characteristics and classes, common examples, the EEOC and DFEH, the statute of limitations, damages, and what to do if you were fired, you quit, or you are still employed.
Visit Branigan's website at: brobertsonlaw.com
#discrimination #discriminationlaw #discriminationlawyer
Thank you it’s like taking classes at a college
Thanks for the info Branigan. Helps clarify alot of questions for me, even in Florida.
Wow you're so precise and answered all my questions. Wow. Ty
Much appreciated you gave me every answer I needed
Enormously helpful
I love law in general. Your material is highly interesting to me (I often wonder if I should have been an attorney, laws are fascinating), and I've started listening to your material as background sound while doing other things.
I came here for advice/wisdom, and you delivered!! Especially useful are your comments about being fired, and quitting. I might have made a mistake at work tomorrow had you not talked about that. There are various strategies I plan to adjust when I talk to my HR dept tomorrow. Thank you for your dedication.
Awesome video! The EEOC, OSC and MSPB are backed up with claims because they allow supervisors and managers to get away with bad behavior. I beg to differ what you said about the EEOC though. Their mediators and AJs seem to side with the agencies for whatever reason. They all try to discourage you so you give up on your case or settle for whatever the agency offers you. They tell you that you will lose or you cannot win. Talk about being bias. They all are probably not like that, but most are.
According to ProPublica the EEOC can't actually enforce a judgement. Therefor, they win by negotiating a settlement. From what I can tell, Large companies have an acceptable loss range, but will fight anything out of range. Ironically the mediators I've met are ex-union negotiators but are also use to quick & easy wins based on about 6 months of a persons salary.
EEOC do nothing
@@redcherryblossomgrowing9901 I agree. They are part of the problem.
I was terminated February 2020, 48 hours after returning to work from a covid diagnosis & a 21 day quarantine in Ketchikan Alaska. I had a 26 week contract starting on Dec 26th 2019. I was given NO reason as why I was being pulled out the operating room By my RN coordinator & told my contract was canceled... I'd have to contact my Travel agency for the reason...
I was crying & completely caught off guard seeing as I had a guaranteed paycheck for over next 6 months not to mention I spent the last of my $ to fly me and my 2 pugs from Anchorage Alaska on December 24th & started working December 26th.
My travel agency dropped me like a hot rock & said due to the "circumstances" in which I was Fired .... "surprise to me...
I had to wait 6 weeks & hire & paralegal to force the company to disclose the "Reason for termination" & then was told The RN coordinator was reporting me to the AAORN & NBSTSA!
EEOC TOLD me I didn't have a case... idk but being a Pediatric Urological Surgical Technologists for almost 10 years when this happened was not only a slap in the face but to do something like this to a medical professional during "covid" that "you hired" leaves someone basically to die in Alaska with 2 pugs, no $ & being kicked out of my Airbnb due to my contract being cut the landlords stopped getting their $ and well... they needed $ more then helping someone the couple saw almost 1st hand get screwed over
I agree. I think the EEOC are on the agencies side.
Thank you sir! This is a very helpful video. I admire that you are being fair and not money hungry. 👍🏿
Are you from Manila?
You Sir make understanding these laws much more easier. Thanks!!! I am currently in a situation where my wife is in her 3rd trimester and has issues with mobility. The past 2.5 yrs I had been remotely running a Dept with 50% less headcount and still surpassing budgets while working remote and when I asked to allow me to continue remote instead of going the weekly day of week to the office (2 hrs out since I moved due to personal safety) to be able to assist my wife during her last months of pregnancy I was asked to use my vacation time when I cannot make it in which based on current situation, it will eat up all my time off, Is that even legal cause it feels that it is more personal than business? Earlier this year I was moved out of my Dept since I am being blamed for not being a good Manager when I have made it clear that workload requires more pay and it is not my management style. I feel that I am being attacked cause I don't run their ego cause I am going off the company culture of being able to speak up regardless of rank. I am in Ca.
Thanks if you get to read and respond.
I find your videos incredibly helpful. I am in the middle of something at work and your videos have been beneficial in helping me understand what i am dealing, and more importantly, how to behave. One question though, can you tell us about the folded flag in your videos? Thank you again.
It's not too exciting. I wish I could say I served in the military or something but I didn't. I'm an Eagle Scout and I got the flag when I finished Boy Scouts. I love this country.
@@braniganrobertsonlawhi im currently going through something at work. I feel like its discrimination. Can I email you with all info?
Yes I agree, private attorney is best but if you can't find one, then you can't find one and won't have one. In the event when you could not retain one, EEOC and DFEH, they're just your last hope for free legal representation. If your case isn't accepted by them after a determination is made. You're on your own! (They're outstanding in cherry picking on the cases that has been filed with them and 90-95% of those cases filed are not accepted/rejected) They aren't the best and not even close.
I agrees the EEOC is extremely LAZY. They only take the simple and easy cases like this one EEOC v. Waffle House in South Carolina.
Great videos!
I have a question if you can answer that would be awesome, I had a Skelly hearing and was told I would hear within 3 business days ... it’s been 4 , should I reach out or wait to hear from them?
Thank you!
I like yours videos very good idea for the people who have been harassment thank you very much take care your family and have a nice day
Please let me know how to find a good employment lawyer in Pennsylvania? Thank you for your videos
I wanted to thank you for recommending Tyler Kring . He was trustworthy and a good person . He fought for my best outcome for my settlement. Thank you so much.
Please also talk about discrimination and retaliation in hiring for job applicants and whistleblowers. This happens, too.
HR informed a staff member that what they experienced by their Supervisor is BORDELINE RACISM, but the employee shouldn't submit a formal complaint to corporate just yet, and that the document should be submitted to her 1st. The staff member had coworkers who spoke up for her because of the unfair treatment.
To me it SOUNDS like HR wants to hide info from cooperate while she does the routine investigation.
THANKS for this video. Definitely will be sharing it with the staff member with hopes to help her sort out her interaction with HR.
Hi Branigan do you have any information on how to answer questions during a deposition?
Thanks alot
Lmao. Just a casual conversation, then out of no where boss says, "im so excited, can't wait to throw you a retirement party." Tf, you hadn't even thought about retirement.
I am exempt employee working for a Christian university. Not only am I required to attend weekly religious services (not my faith), but my supervisor sometimes requires me to work up to 12 hours uncompensated on Sunday (in excess of the 40-hour work week), thus preventing me from participating in the worship activities of my own faith. There are other personnel who can perform those duties on Sundays. Do I have Title VII violation?
Mr. Robertson , after filing a complaint with the EEOC, how can I get my case heard by a jury instead of the Administrative Judge?
What about being good friends with someone and the boss gives him all the high paying jobs?
What if I was out on Short term disability for Anxiety/Panic disorder. I was told by coworkers management were moking my disability to others calling all sorts of names. I reported to my HR and then sent me a letter of termination.
Could I seek legal action against them for discrimination/retaliation?
I got that termination letter soon as my disability was closed but it was under appeal
This all well and good, but I'm experiencing discrimination while seeking work. Can you help by making a video about that? Also, how do I find a lawyer for helping while looking for work?
I screwed up my right to sue due to a company that I hired to help me with my case! I’m devastated.
He has got to come to Oregon.
I would like to hear also about being wrongfully suspended at work. Do you have an email Attorney? Thank you 🙏
does a certain medication that you are taking fall under protected classed
Hi… my husband has a case. We are in indiana. Could you tell me who the best type of lawyer to contact for his case would be? I’m finding “workplace” lawyers but there are also lawyers that focus on ADA. He is blind and was discriminated against in the interview process.
Mr. Robertson, can an employer refuse to document your discrimination complaint? If they have a reporting procedure for harassment and discrimination and you report to them specific experiences, incidence and they don't follow their policy, can you sue for that?
Someone at my work, opened my personal letter and kept it for a month. When my manager brought my letter and I asked her who would do such a thing, she said she does not know. When I spoke up and sent a complaint letter to HR. My manager had a meeting with me, it was more like a integration that I did not have aright to do that, and she is going to write me up and put it in my file and so on. In my case, I am minority even though I am a US citizen. Considering that whoever did this, she has discarded my first letter and kept my second letter hidden till I kept asking about it. Is this considered as invasion of privacy?
Do you take case if currently have a attorney in things not working in favor of best interest
I'm having issues in Wisconsin my question is my supervisor has a friend he worked with outside the company he worked with for many years and he was there 3 months before me there's a point system and I have 5 points in 3 months mainly for leaving early after I asked my boss is I can and without warning from him I was given points. Now 3 of them turned into not coming in to work at all which is a full point. And his friend goes home early many times a week with NP I'm Hispanic and the only Hispanic on my crew and I was also given $15,000 to move here as a second pressman and I was put as a feeder operator which is below my position. But there's no record of that to me it's a demotion un Abel to prove. What should I do?
your amazing i started watching your videos and can’t stop i’m in nevada do you know any employers attorney that can help me i am on leave for medical reason once i asked for fmla paperwork i was terminated!
My Religious exemption for the covid vaccine got denied, my co workers got approved. Can I sue for discrimination?
Put in ANOTHER medical exemption afterwards and told them to reconsider or I am filing with EEOC. then I got approved for that one all of a sudden. Do I have a case?
Hello I have a question I don't live in California but I had finished an application for employment and went a few days later to talk to manager and I mentioned I was on disability. Manager said that was fine they would talk to hiring manager never heard back is this an act of discrimination? Or is this even legal?
I was very much discriminated and my job knew it, the Union knew it. Yet, real criminals at work were allowed to continue to work while I was put out on leave with 14 years of having a clean work record. No documentation to back fake allegations but other employees who were known to be trouble and had repeated cases of abuse and etc...were displaced and allowed to continue to work.
Hi Branigan, I don't mean to call you out; however, the federal statute of limitations concerning making a complaint / filing a charge / filing a Form V is 300 days. Also, as the supervisor for the State of Delaware's FEPA, your videos are great for informational / training purposes. Great work!
If you a have right to sue from the EEOC against a global company, is it better to sue in Delaware or California? Basically the company violates the civil rights act, by having race segregated labor organization called Employee Resource Groups.
Do you have to file a formal complaint before going to EEOC
If a person hasn't found the next job yet, can you estimate and claim lost wages in the future until next job is found?
How does this apply to employees that have a religious belief re vaccines and testing? And the employee is not requesting any specific accommodation other than to have their religious belief respected? Should the employee be made to accommodate the employer by being made to work from home, when there was no need to do so previously? This is in Calif, it's state employment.
What if we really like our job?
My landlord was turning the heat up to 90ﾟ causing me seizures. I wanted to file a complaint through the health department they refuse to let me file a complaint and wouldn't tell me how to go about it. I contact code enforcement same thing I contact hudd housing same thing I call legal aid hung up mid sentence. So these places are supposed to let you file a complaint and don't let you file what do you do who do you contact then? I asked to speak to a supervisor or manager they refused to get them.
So, there are no workarounds once you’ve lost your right to sue?
What if there is a pattern of a certain class of people getting fired?
Hi. What are the chances you can still win the court case, when The Civil Rights Division found no probable cause but you feel you have a case.
I live in WA State on the 5th of July I was fired because my managers at my large chain grocery store thought it to be best to call 911 because I had a hypoglycemic episode due to pain in my feet from diabetic neuropathy I wasn’t able to sleep after getting home at 11:40pm. I had to work the next day 9am to 6:00pm then the next day be i was off. I worked as a cashier and had hypoglycemic episodes two times on the job first time they let me go home early because I was heavy sweating shaking studdering and threw up twice the second was when I had no sleep due to pain in my feet I was told if I didn’t come in I would be fired so I went in even though I wasn’t feeling good. Because of the two episodes and one call to 911 I was fired the reason is and I quote “don’t come in I’m sorry but the disruption of the work schedule has happened too much and so we need to go our separate ways” I told her it wasn’t my fault I got sick she interrupted saying it again “I disrupted the schedule too much and we have to go our separate ways.” I asked if my check would be mailed she said if I want it too but if I want it on time she suggested to go into the store and get it.
Do I have a case?
Any TX attorneys for discrimination lawsuits?? Austin, Tx area
I was told I had to go to the EEOC first before a lawyer looked at it I’m in Michigan
I need to talk to someone before Monday morning? Can you possible talk?
I think i have a case but don’t know how going about it. A lawyer wants to charge me $375 for consultation
Is it discrimination if I want to do my eyebrow make up at my office
There is a job that I’ve applied to and have had multiple interviews but I’ve never been hired once and be specific they’ve only ever hired Hispanics and I am light skinned so I know they probably perceive me as white but how would you sue that for discrimination
I complained and it got worse. I’m still employed. I have my EEOC appointment tomorrow…and this has made me nervous
How did it go?
@@deliciawilson they moved forward with a charge of discrimination. I don’t know what to do now. I think EEOC is now doing an investigation.
What was your complaint about?
@@MzTeeL I’m about to try this then because I’ve been dealing with discrimination at work
@@deliciawilson try it. First I filed with HR first. It actually got worse. Then I filed with EEOC.
Can you recommend lawyer in Miami Florida to me ?
I am 66 years old and Hispanic yet my route commissions are taken away from me and given to younger men who run routes on either side of my route. I have text messages from the other routes joking about delivering my customers and getting the commissions.
I need help with my case
I work and live in Arizona but the companies main office is in California. Would i need an attorney from where i reside?
Yes. Find an attorney in AZ.
Singapore, Good.
I can identify Descrimination, but How can an employee, one will I know Protected Class?
I'm here in Kansas and I need an attorney!
I was forced to quit I was too upset to focus on my work and was forced to quit
Just curious, what made you decide to become an Employment Lawyer, specifically? Did it just turn out that way by happenstance or did you specifically choose that field of law for some reason? Not looking for a specific answer, I just always wonder that about people when they are experts in their field. You seem like a good lawyer.
I see 2 years later, no answer?
@@haoadams I guess not. 🤷♀️ How funny that two years later someone would answer this while I am working on some redactions as a legal assistant for another lawyer that I discovered when I needed an entertainment lawyer. I still have a case I need an entertainment lawyer for. My boss has had celebrity clients for contract work, but she's not specifically an entertainment lawyer. This is going to be the next celebrity court tv episode since the Britney Spears and Johnny Depp cases. It's a crazy situation.
I would say so , 100 percent
can u help me with my case
I WAS CONSTRUCTIVELY SUSPENDED WITHOUT PAY BY BEING PLACED IN AN INVOLUNTARY MEDICAL LEAVE DUE MY EMPLOYER NOT WANTING TO ACCOMMODATE A REASONABLE ACCOMODATION. I AM A GOVERNMENT EMPLOYEE WITH PROPERTY RIGHTS TO MY JOB YET, THEY TOOK THE ACTION WITHOUT DUE PROCESS AS IT IS REQUIRED UNDER THE CONSTITUTION . CURRENTLY WORKING IN TRYING TO FIND A LAWYER. THEY RETURNED ME BACK TO WORK BUT JUST FOR TWO DAYS REMOTELY AND THREE DAYS WITHOUT PAY. THEY ARE CONSTRUCTIVELY FIRING ME. THE CURRENT WORK CONDITIONS ARE UNATTAINABLE.
Why do you leave your contact information then don’t return calls or emails. It’s all good talk for ratings isn’t it!
If your on disabilty due to anxiety/panic disorder and your DM also Manager calls you a "pussy" in front of your coworkers could you have a case?
Hello , I would like your point of view if anyone interested on clarify my thoughts. I've been excluded from a training at work necessary to promote me to the next level because my manager was scared " I will leave once I get it" and offered to someone else with really poor attitude and results. When almost 80% of my colleagues get the portion I've been told I cannot be explained the reason they cannot offer me the same treatment.
Ggye
O😅😅😅😅😅
Do you have a nys affiliate I have a case for you
The service industry is notoriuos for discrimination. Do you find discriminatoon cases in the service industry easy or hader?
They are all hard. It doesn't matter what industry they are in.
I wish you had a Dallas Texas location
I have a discrimination case but my lawyers gonna take a 45 % is that a good or bad thing?? Is a higher percentage mean my case is a bad case???
If you have a lawyer at all, that's good!
Is it considered discrimination by a company if they force you to wear a mask because you did not get the covid-19 vaccine and allow others to work without a mask because they got the vaccine?
Secondly is it against the law or a company to record your temperature every time you go to work?
Not just to take your temperature but to record it under your name.
A company is certainly allowed to force employees to wear a mask. They are allowed to require you to get the vaccine. If you refuse, the law permits the company to fire you. And it is not against the law for the company to record your temperature.
@@braniganrobertsonlaw Hello Branigan, I submitted my Constitutional Religious exemption in regards to the vaccine and testing, its been 2 weeks now since I submitted to HR and yet no respond. At this point I feel like I am being Discriminated due to my Religious beliefs. Any suggestions? Thank you in advance.
@@braniganrobertsonlaw Are you saying the company does not have to accommodate disability or religious practices?
I would say the different mask "policies" are a form of disparate treatment for a class of employees. I'm not a lawyer.
@@ferny_dlt See The Healthy American channel on RUclips for education on this.
What about tattoos and piercings? My company wouldn't hire my son who has tattoos and his ears pierced. Which is strange considering I have gauged ear piercings and full sleeves. 3 other employees have tattoo sleeves. Makes no sense.
Any movement in the California courts regarding vaccine choice or political discrimination? I'm not holding my breath.
My employer coerced almost every one to get the COV vaccines. I gave them a religious/ethics exemption they rubberstamped faster than fedex but others I worked with caved when employer started arguing with them. Everyone I advised to stay the course, and did, got their exemptions approved.
Seemed like a bluff on their part but they really pressured people into it. Now I'm considered a "non-compliant" by some senior staff. Certain I will not exceed my current position.
Need a Housing Discrimination Attorney
😊😊😊😊
subscribed....
EEOC accepted my case. Workplace just informed.
Hi Julinda, do you have any tips please, as I have to file one soon? Please help if you can and want to provide information. If not it's ok, thank you.
@@mslore6227 , My 1st filing in 2020 was dismissed therefore the 2nd filing, I took it to the federal level and they docked it for the state that's the only tip I can give you because I'm at the early stages and I don't understand the complete process.
Thank you!
What if they don't speak 🤔 the universe language 🤔 ???? No equal opportunity??? let me know
I was bullied by Melissa Kirk and later her boss Baeth Davis, the owner of the company I had paid 3500 USD for a service called Human Design. It was presented as an educational activity. It took almost one year, started subtly and developed into open bullying me online, shaming online and putting these videos on internet with the capacity to create harm to me. I had complained about it - it took couple of months to "solve it", instead this time the bullying of Melissa Kirk had continued. The conclusion: I apparently was resistant to the teaching of Melissa Kirk and my native language is not English, sort of rassistic reasons (I live even in another continent in developing country relatively poor to the USA, this service was online), this is the reason why I was bullying. Later on, Baeth Davis has confirmed in a video that she sent to me that I was bullied by Melissa Kirk and I deserved it.
I wanted my money back from this company Your Purpose, but I had received nothing until today.
I wonder which law could apply ? I understand that I have a to contact a lawyer in the state of New York.
It was a hostile environment every week they talked about me behind my back they said rude things about me being gay I overheard them got the manager and all them refused to admit they said anything after I got the manager the manager was also gossiping about me she said I'm either gay or I like little boys witch is gay descrimination
Nice try you know I'm adding that in rain
Billionaire Micheal Bloomberg Discriminated on me. I was fired because the guy didn't like how i talk... 😐
I was forced to quit because they kept gossiping about me behind my back
Branigan, can you recommend anyone in Wyoming? Severe case with evidence.
hi , i am facing my work moving some criminal young workers into my neighborhood and forcing me to be hacked 24x7 illegally. i do not work in cybersecurity and i graduated a few years back(late in life) in another tech domain, data. I really did focus on cloud for most of my time. In any case they are trying to force me to pay for a second college degree. They illegally got into all my home accounts and want me to even marry one of their ugly workers who commits felonies daily. They hit my car - 3x, put nail in my tire so i cannot go, i need medical care badly. They want to make it look like i am crazy, but that is not the case. They listen on all my phone calls illegally and somehow follow me everywhere i go illegally again, criminal harassment
they are blockign me from medical care illegally as where i go no matter where, i get the wrong care as i cant even get my tire repaired
I'm working at my job non binary my boss is also the owner he is being discriminatory toward me. He called me disgusting n repulsive bc he found out I was non binary refusing to call me by my preferred name I can't put it on any paperwork for the clients or him bc it's unprofessional he claims. I was treated like top 3 ppl but now I'm being treated like dog crap. I don't have much evidence on it either. I've connected one u mentioned the federal ppl about it but I can't be treated this way so my only option is to quit I feel like
harder than most rap songs out rn
BUT ACTUALLY PROVING DISCRIMINATION IS ALMOST IMPOSSIBLE!
I cannot stress this shit enough, how the fuck would I prove I didn't get a job because I am Autistic and cannot pass a verbal interview for a Dishwashing job at a restaurant that requires little to no verbal communication yet the hiring manager thinks I wouldn't be a great fit due to the communication required working within a team (YOU WORK WITHIN A TEAM EVERYWHERE).
Employers know you can't prove it and they have hidden biases regardless if the employee recognizes it or not
I went to the doctor twice and was subscribed painkillers without wages
What about just straight up condescension and intimidation just to beat down your self esteem..that should be illegal
Agreed. But it's not. The law is an interesting thing.
Is it possible to have a case with only a lot of circumstantial evidence and retaliation instead of direct evidence?
Yep. Most discrimination cases are like that. It's very rare where we get "smoking gun" evidence. However, the strength of the circumstantial evidence matters a lot. If you circumstantial evidence is very weak (and you need an attorney to judge this properly) then you'll have a tough time winning.
@@braniganrobertsonlaw Hey Thanks for the reply, just curious as to the strength of 'circumstantial' evidence. What if your case included [1]your Boss differing from written policy on the proper way they should deal with allegations against you (ie. failure to notify alleged of allegations, failure to notify alleged of investigative procedures, etc.) 2)Retaliation for complaining about #1 to internal investigative agency about proper policy procedures 3)dismissing me for a 'violation' of policy and not terminating another (the accuser) for a similar violation 4)other small things such as failing to provide a written order to the accused of personal order, never giving accused a chance to 'refute' allegations.
Essentially I was accused of something I didn't do, was not even notified by my superior of what they were (violation of policy procedures) and terminated me for 'violating' the superior's 'personal' order for me to not communicate with anyone concerning these allegations, (these personal orders were shown to me, but I was not given a copy). I was terminated for speaking to others as to there being allegations against me and what they could possibly be. (all of this I have in written Memo and emails). I believe because of the nature of these allegations, I was discriminated because of my race/gender.
Would you consider this as strong case? Thank you.
@@jogabonito13939 How did this work out?
@@braniganrobertsonlaw what if my boss made a nick name up about me, about being gay. And fired weeks later for telling him i didn't like it.
@@brianmorrison6360 Hey Brian. I'm sorry to hear this. It could be a case. What you describe might be a violation depending on the context and the laws in your state. I recommend that you call a lawyer for a consultation. If you're in CA, feel free to call us.
Just go in looking for hazards.. BINGO!!!🤓
I didn't want to talk to them because they ridiculed me behind my back
I wish I was an American much harder to do anything in Canada.
They never paid me for my injury or sick time either
Multiple forms of unlawful harassment