The Law Offices of Joe DiPaola is a California Plaintiff's Employment Law and Employment Litigation Law Firm. Mr. DiPaola's legal practice is concentrated in the area of employment law and employer-employee relations. Specifically, he handles employment discrimination (sex discrimination, racial discrimination, age discrimination, disability discrimination, pregnancy discrimination), harassment (sexual harassment, racial harassment), collective bargaining, employee severance, employee benefits, employment termination, whistle-blowing, etc.                    The Law Offices of Joe DiPaola, Esq.
HOME
RESUME
RATES
LAW
EEOC
DFEH
CONTACT
CALIFORNIA EMPLOYMENT LAW
EMPLOYMENT DISCRIMINATION
Sex Discrimination Sex Discrimination
Racial Discrimination Racial Discrimination
Pregnancy Discrimination Pregnancy Discrimination
Disability Discrimination Disability Discrimination
Age Discrimination Age Discrimination
EMPLOYMENT HARASSMENT
Sexual Harassment Sexual Harassment
Racial Harassment Racial Harassment
TERMINATION
Wrongful Termination Wrongful Termination
Severance Negotiations Severance Negotiations
CA LABOR BOARD
Wage Claim and/or Overtime Pay Claim Wage/Overtime Claim
RETALIATION
California Government Code Retaliation Claim CA Gov't Code Claim
Whistle-Blowing Retaliation Claim Whistle-Blowing Claim
Employment litigation and legal representation for California employees in the areas of sex discrimination, racial discrimination, pregnancy discrimination, disability discrimination, age discrimination, sexual harassment, racial harassment, wrongful termination, severance negotiations, wage claims, overtime pay claims, government code retaliation claims, whistle-blower claims, and general employment law.
EMPLOYMENT LAW

VIEW TEXT OF SELECTED US AND CALIFORNIA STATUTES BELOW:

[Disclaimer: In some cases, links are not available. In other cases, only portions of the text are available through these links and/or the text has been edited for content. This list of selected laws is representative (not exhaustive), to provide the reader with a general understanding of employment discrimination law. An employee who has a claim for discrimination or harassment should promptly contact an attorney regarding his/her rights.]

United States:

1. Civil Rights Acts of 1866 and 1871
42 USC Section 1981 and 42 USC Section 1983
These are the hallmark federal anti-discrimination statutes. Discrimination because of race is prohibited; equal protection under the laws is guaranteed. Section 1983 creates a private remedy to litigants; frequently cited in employment and housing discrimination cases.

2. Fair Labor Standards Act of 1963 ("Equal Pay Act")
29 USC Sections 206 et. seq.
Salary/wage wage differences between men and women (performing equal/same work) is prohibited.

3. Civil Rights Act of 1964: Title VII
42 USC Section Section 2000e
Employment discrimination because of race, color, sex, religion or national origin is prohibited. Prohibits retaliation for opposing discrimination practices or reporting discrimination.

4. Age Discrimination in Employment Act of 1967 ("ADEA")
29 USC Sections 621 et. seq.
Employment discrimination because of age (persons age 40 and older) is prohibited (except where there is a bona fide occupational qualification). Prohibits retaliation for opposing age discrimination or discrimination.

5. Equal Employment Opportunity Act of 1972 [no link]
PL 92-261;

6. Pregnancy Discrimination Act of 1978
42 USC Section 2000e(k)
Amends Title VII
Prohibits discrimination on the basis of pregnancy, childbirth, or related illness in employment opportunities, health or disability insurance programs, or sick leave plans

7. Older Workers Benefit Protection Act of 1990
29 USC Section 623, PL 101-43
Amends the ADEA of 1967; establishes the statutory conditions for an employee's waiver of ADEA protections: (1) knowing and voluntary; (2) part of a written, clearly understood agreement; (3) refer specifically to ADEA rights or claims; (4) exclude waiver of claims and rights arising after date of waiver; (5) be for consideration (something employee not already entitled to); (6) advise individual to consult an attorney; (7) provide 21 days for an individual to consider the waiver, 45 days if group offer; and (8) allow individual seven days to revoke the waiver.

8. Americans With Disabilities Act of 1990 ("ADA")
42 USC Sections 12101 et. seq.
Employment discrimination because of mental or physical disabilities is prohibited; amends Title VII to protect against disability discrimination. An employer must now make a "reasonable accommodation" for an employee with a mental or physical disability.

9. Civil Rights Act of 1991
Public Law 102-166
Amends the prior Civil Rights Act of 1964 and Age Discrimination Act of 1967. Strengthens prohibitions against employment discrimination because of race, color, national origin, sex, religion, or age. Creates remedy for punitive damages for intentional discrimination.

10. Rehabilitation Acts of 1973 and 1993
29 USC Sections 706, 791-794
Prohibits employment discrimination against disabled persons who are employed by federal government agencies, federal contractors, or federally funded institutions. An employer must now make a "reasonable accommodation" for an employee with a disability.

11. Family and Medical Leave Act of 1993 ("FMLA")
29 USC Sections 2611 et. seq.
Qualified employees may take up to 12 weeks of leave during a 12-month period for: (1) a serious health condition; (2) to care for a the employee's spouse, child, or parent who has a serious helath condition; or (3) for pregnancy/childbirth or care of an infant.

12. Fair Labor Standards Act ["FSLA"] of 1938, as amended
29 USC Sections 201, et. seq.
Guarantees payment of the Federal Minimum Wage, as well as payment of at least 1½ times an employee's regular rate of pay for all hours worked over 40 in a work week (overtime pay for hourly employees).


State of California:

1. California Fair Employment and Housing Act ("FEHA")
CA Government Code Sections 12940 et. seq.
Employment discrimination because of the race, religious creed, color, age, national origin, ancestry, physical disability, mental disability, pregnancy, childbirth, medical condition, marital status, or sex is prohibited.

2. Unruh and Ralph Civil Rights Act ("Unruh Act")
CA Civil Code Sections 51-52 , and CA Government Code Section 12930, 12948, and 12993 et. seq.
Requires business establishments not to discriminate because of race, color, religious creed, national origin, ancestry, or disability.

3.California Labor Code Sections 132(a)
Prohibits discrimination or retaliation against an employee who files a Worker's Compensation claim.

4.California Labor Code Sections 1101 - 1106
Prohibits employment discrimination because of sexual orientation (actual or perceived).

5. California Equal Pay Act
CA Labor Code Sections 1171 - 1205
Salary/wage wage differences between men and women (performing equal/same work) is prohibited.

6. California Family Rights Act ("CFRA")
CA Government Code Sections 12945.2 et. seq.
Qualified employees may take up to 12 weeks of leave during a 12-month period for: (1) a serious health condition; (2) to care for a the employee's spouse, child, or parent who has a serious helath condition; or (3) for pregnancy/childbirth or care of an infant.

7. California Constitution, Article 1, Declaration of Rights: Section 8
An individual person may not be disqualified from entering or pursuing a business, profession, vocation, or employment because of sex, race, creed, color, or national or ethnic origin.

8. California Constitution, Article 1, Declaration of Rights: Section 31
The State shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, or ethnicity, or national origin in the operation of public employment, public education, or public contracting.

______________________________________________

Disclaimer: The information on this website is provided to assist the general public.
It does not consitute legal advice or create an attorney-client relationship.

Copyright (c) 1997 Joe DiPaola