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.
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CALIFORNIA EMPLOYMENT LAW
EMPLOYMENT DISCRIMINATION
Sex Discrimination Sex Discrimination
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Pregnancy Discrimination Pregnancy Discrimination
Disability Discrimination Disability Discrimination
Age Discrimination Age Discrimination
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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.
CALIFORNIA GOVERNMENT CODE - RETALIATION CLAIMS

California Government Code Section 12940 expressly prohibits the employer from retaliating against an employee who: (1) files a claim for discrimination or harassment; (2) opposes discrimination or harassment practices occurring in the workplace; or (3) gives testimony or support in connection with a discrimination or harassment claim (whether the claim is filed by that employee or a fellow employee):
12940. It shall be an unlawful employment practice, unless based upon a bona fide occupational qualification, or, except where based upon applicable security regulations established by the United States or the State of California:
***(h) For any employer, labor organization, employment agency, or person to discharge, expel, or otherwise discriminate against any person because the person has opposed any practices forbidden under this part or because the person has filed a complaint, testified, or assisted in any proceeding under this part.
In addition, anyone who aids or abets in the commission of an act of discrimination or harassment, or aids or abets an unlawful act of retaliation, is liable:
12940. It shall be an unlawful employment practice, unless based upon a bona fide occupational qualification, or, except where based upon applicable security regulations established by the United States or the State of California:
***(i) For any person to aid, abet, incite, compel, or coerce the doing of any of the acts forbidden under this part, or to attempt to do so.
These laws are designed to prevent an employer from intimidating employees from asserting their statutory rights, intimidating witnesses, or punishing employees for complaining about unlawful discrimination or harassment.

Some of the more common forms of unlawful retaliation include:

Retaliation against the employee for filing a complaint for discrimination or harassment based on race, national origin, sex, pregnancy, religion, sexual orientation/preference or marital status

Retaliation against the employee for seeking a reasonable accommodation for a disability

Retaliation against the employee for taking lawful medical leave, pregnancy leave, or family leave to care for a sick parent or child


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Copyright (c) 1997 Joe DiPaola