Case Example: Disability Medical Leave in Los Angeles

Today I want to talk about one of my medical and disability leave cases.

I had a client once who was injured in a car accident, and either needed a few weeks off, or, the ability to work from home. The employer refused both, and summarily fired her, on grounds that she didn’t quality for disability leave.

This is illegal.

After hiring us, we got her an excellent settlement, and she was able to turn her life around. This is just one of the many examples of the medical and disability leave violations that happen.

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Case Example: Pregnancy Leave Discrimination in Los Angeles

Today I want to talk about one of my pregnancy discrimination cases.

I once had a pregnant client who needed more than four months of leave, allowed under California’s Pregnancy Disability Leave Law. Instead of giving her additional time for her doctor’s note, they callously fired her without warning.

This was devastating to her, and illegal.

After hiring us, she got an excellent settlement and she was very grateful. This is just one of the many types of illegal pregnancy and medical leave violations.

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Disability and Medical Leave at Work in Los Angeles

Today I want to talk about disability and medical leaves at work. Under California law, disability is any serious medical condition and can be temporary, as long as it’s not something trivial like a cold or a sore throat.

Disability and medical leave violations are one of the most common issues we handle such as when an employer fires an employee while they’re on disability, medical or pregnancy leave because:

  • They ran out of FMLA.
  • Don’t qualify for FMLA.
  • Ask for too much time off.
  • Don’t have a set in stone return to work date.
  • The employer says they can’t meet the accommodations request.

In California this is likely illegal if they have five or more employees. A thorough discussion is also required by the employer with the employee to determine if a reasonable accommodation is possible such as time off, change in position, and change in hours. Also – you don’t have to be a hundred percent healed in order to be allowed back to work.

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6 Tips to Find the Best Employment Attorney

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Sexually Harassed At Work? Here’s What To Do.

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New Study Shows More than 1 in 10 Sexual Harassment Claims at Work are Filed by Men

It seems like every other day there is another sexual harassment case making headlines. Though the specifics may vary, the case usually goes something like this: female employee or subordinate gets sexually harassed by her male employer or supervisor. What some people might be shocked to hear however, is that 5% of reported sexual harassment cases are actually filed by men against women and 11% of cases are filed by men against other men. According to a study conducted by the QUT Business School, that means more than 1 in 10 sexual harassment claims at work are filed by men. 

An overwhelming majority of sexual harassment complaints (9/10) are made by subordinates against their supervisors. The study suggests that women supervisors may be adopting the sexualized banter often found in “old boy’s clubs” as a way to fit in with their male cohorts. Some examples of complaints filed by men subordinates against their female supervisors include: a female manager asks her male employee to expose his abdominal muscles, yells at him in front of co-workers, calls him princess, tells him to ‘toughen up’ or ‘get a tiara’, and tells jokes about rape. Sexual harassment also includes unwarranted touching, hugging, or kissing. In sexual harassment cases filed by men against men, complaints involving homosexual slurs and questions of sexual orientation are the most common. 

Though the majority of complaints are still females against males, it’s important to raise awareness about this growing minority. Regardless of who is doing the harassing, sexual harassment in the workplace can have a detrimental affect on the emotional and psychological health of the employees and overall company morale. Because of the stigma associated with men reporting sexual harassment cases, workplaces should place more focus on implementing supportive complaints mechanisms for both men and women alike. 

*image by David Tan, Flickr

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Shirazi Law Firm, PC

Shirazi Law Firm, PC

1875 Century Park East,
Suite 1025,
Los Angeles, CA 90067

Phone: 310 400 5891
Fax: 888 908 7359