Indian Wells Employment Attorneys
The trial attorneys of the Akopyan Law Firm A.P.C. are prepared to be fierce advocates for the rights of Indian Wells residents, whether they are employees or employers. If your cause is just and pertains to employment law, we encourage you to reach out to us to explore how we can lend our expertise and support to your legal needs. We are dedicated to ensuring that justice prevails in all matters related to employment law, and we stand ready to provide our legal services to the residents of Indian Wells.
About Indian Wells, California
Indian Wells is city located in Riverside County. Indian Wells covers fifteen square miles but is home to roughly 5,000 residents. Indian Wells covers zip code 92210. Incorporated in 1967, it lies in between the cities of Palm Desert and La Quinta. The residents voted to incorporate to avoid being annexed by neighboring cities.
We Can Help Indian Wells Residents With:
Employers in California are subject to state and federal laws prohibiting pregnancy discrimination in the workplace. What is the Law Governing Pregnancy Discrimination in the Workplace? Title VII of the Civil Rights Act of 1964 ("Title VII") and the California Fair Employment and Housing Act prohibit employment discrimination on the basis of pregnancy. Both the FEHA and Title VII protect employees from discrimination based on an array of traits and characteristics that are part of an individual's sex and gender, which is defined to include pregnancy, childbirth, breastfeeding, or medical conditions related to pregnancy, childbirth, or breastfeeding. What Are the Elements of Prima Facie Discrimination? "To establish a prima facie case of discrimination under FEHA, a plaintiff must show they were a member of a protected class; they were qualified for the position or were performing competently in the position they held; they suffered an adverse employment action, such as termination, demotion, or denial of an available job; and some other circumstance suggested discriminatory motive." Khoiny v. Dignity Health (2022) 76 Cal.App.5th 390, 397. Similarly, to make out a prima facie case of discrimination under Title VII, the plaintiff may demonstrate that "(1) he or she belongs to a protected class; (2) he or she was qualified for the position; (3) he or she were subject to an adverse employment action; and (4) similarly situated persons outside his protected class were treated more favorably. Crowe v. Wormuth (9th Cir. 2023) 74 F.4th 1011, 1035–1036. Contact Akopyan Law Firm, A.P.C. for ... Read more
The short answer is that it can be one and the same but does not necessarily have to be the same. As with most legal questions, the answer is "it all depends on the facts." Many employers incorrectly conflate the granting of medical leave with the provision of reasonable accommodation. While there are some circumstances where the granting of medical leave can be a reasonable accommodation, there are still many others where they are not, and this is exactly where many employers get into trouble with the law. In order to appreciate the distinction between these distinct yet overlapping requirements, it is important to consider the source of each: The Requirement to Provide Medical Leave The federal Family and Medical Leave Act ("FMLA") provides job security to an employee who is absent from work because of, among other things, the employee's own serious health condition or to care for specified family members with serious health conditions. Eligible employees of covered employers are entitled to 12 workweeks of leave for defined reasons in a 12-month leave year. The California Family Rights Act ("CFRA") like the FMLA, provides for 12 workweeks of leave in a 12-month leave year for among other things, an employee's own serious health condition, or to care for a child, parent, grandparent, grandchild, sibling, spouse, domestic partner, or designated person with a serious health condition. Therefore, under both state and federal law, when a covered employee has a serious health condition, his or her employer may have the ... Read more
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