Sexual Harassment in the Workplace
The California Fair Employment and Housing Act (FEHA) is a powerful law designed to protect all persons from sexual harassment in the workplace. FEHA provides for the recovery of money damages in cases of harassment. Sexual harassment can consist of unwanted sexual advances, propositions for sexual favors, offensive comments or slurs based on sex, unwanted comments about a person’s body or appearance, physical conduct, derogatory posters, cartoons, or even drawings.
Sexual harassment occurs among persons of all ages and backgrounds. One study found that 50% of the surveyed females experienced some form of sexual harassment in the workplace. The victim of sexual harassment can suffer significant psychological harm. Sexual harassment can have a lasting effect on the emotions of the employee. It is common for the victim to experience diminished self esteem, creativity, and productivity. The economic effects can include lost wages, seniority, and an unfavorable work record. Sexual harassment is an impediment to providing a workplace which is free from discrimination for all persons.
Other Types of Fair Employment and Housing Laws
If you believe you have been the victim of discrimination, harassment or retaliation in employment or housing, the Law Offices of Timothy J. Kodani offers a free consultation to you.
The fair employment and housing laws protect a person against such wrongdoing based on one's race, color, religion, sex, sexual orientation, disability, age, and national origin, among other things.
What is At-Will Employment?
Most employees in California are at-will employees. This basically means that the employee is free to quit his or her job at any time for any reason and the employer is free to terminate the at-will employee on the same basis. So, unless your contract of employment is for a specified period of time, you are probably an at-will employee. However, you still have important rights under our law.
What is Wrongful Termination?
Wrongful termination is a legal sword created to protect an employee's rights in California for illegal termination. While most workers are at-will employees, the law prohibits termination under certain circumstances. Where a private employer terminates an employee and the action violates the Constitution or a law such as the Fair Employment and Housing Act, then the employee may have grounds for a wrongful termination lawsuit. If you suspect that you have been terminated for an illegal reason, contact Mr. Kodani today.
The California Labor Code protects an employee's right to disclose information to a government or law enforcement agency when the employee has reasonable cause to believe the information reflects a violation of law by the employer. It also protects a worker's right to refuse to participate in an illegal activity perpetrated by his or her employer. This is a highly sensitive area. If you are a whistleblower and would like to talk to an attorney in strict confidence, contact Mr. Kodani today.
We Handle Personal Injury and Wrongful Death Cases
The Law Offices of Timothy J. Kodani can handle a variety of civil cases including all personal injury/accident cases, car accidents involving serious bodily injury or death, motorcycle accidents, bicycle accidents, pedestrian accidents, bus accidents, truck accidents, hit-and-run automobile cases, uninsured motorists, dog bite cases, slip/trip and fall accidents, and insurance disputes. If you have suffered back or neck injury, paralysis, loss of limb, brain injury, burn injury, or any type of trauma or harm caused by an accident, contact Mr. Kodani today.
Motorcycle Accident Cases
If you’ve been in a motorcycle accident, it is critical that you contact me immediately.
I have been a motorcycle rider and enthusiast for many years and have handled hundreds of motorcycle accident cases ranging from Dad and Mom on a Gold Wing to one-percenters and everyone in between.
While I have represented some novice riders, the majority of my clients have been seasoned motorcyclists who have been injured by a careless or inattentive driver. One client of mine had ridden from Florida to California without a problem. The next day, when he rode to 7-11, he was hit by an errant left-turning driver, who admitted to the police officer at the scene, “I’m sorry, but I didn’t see him.”
Motorcycle injury cases require special attention and need to be presented to the insurance company in the light most favorable to the client so as to negate any bias the adjuster may have. The injuries suffered by a rider or passenger who are thrown off the bike and onto the pavement are often more painful than other types of injuries. Call me if you have been involved in a motorcycle accident for a free consultation.
These types of cases are best handled immediately and without unnecessary delay. Please remember that the big insurance companies do not put your legal interests first. The claims person is encouraged and rewarded for paying you as little as possible on your accident claim. Competent legal representation in accident cases is essential to protecting your rights. Your call to our office is always confidential.
We Handle Housing Cases
Our office and associated counsel can also handle all landlord-tenant disputes including evictions, claims and defenses, and rental contract matters. We can represent either landlord or tenant in unlawful detainer cases (evictions).
The statements contained herein do not constitute a guarantee, warranty or prediction as to any aspect of your legal matter including its outcome. Each case is unique and should be handled so.
If you have been the victim of sexual harassment in the workplace, contact Mr. Kodani for a free consultation today. The same laws against sexual harassment in employment also apply to housing. If you are a tenant who has been the victim of sexual harassment in your rental apartment, condominium or house, you have legal rights.
By law, employers are required to educate their employees on what sexual harassment is and to discourage all forms of sexual harassment in the workplace. They are required to create a formal policy against sexual harassment and to make such policy available to all employees. If the employer knows or has reason to know that an employee is being sexually harassed by another employee, the employer is obligated to conduct an investigation and pursue immediate corrective measures.