Employment Practices Liability
P.K. Schrieffer LLP represents clients in actions alleging discrimination on the basis of race, sex, national origin, age, marital status, pregnancy, disability, religion and other prohibited forms of discrimination in the Federal and State courts, as well as before the EEOC, the DFEH and the Worker’s Compensation Appeals Board.
While it may not seem like these issues would still be prevalent with all of the laws in place, they still are. In fact, one of the most common types of discrimination we encounter is towards pregnant women. Due to the decrease in working ability, some employers grow to resent and mistreat their pregnant employees as they get further and further along.
This is precisely why it is illegal to ask if a woman is pregnant during the hiring process, even when they clearly are. Since most employers would see this as an immediate red flag, the hiring of someone who will soon be taking an extended leave, the confirmation of pregnancy is usually grounds for not hiring them.
If you’re ever asked during an interview whether you are pregnant, even if you are not, they have already broken the law. This should be seen as a warning sign, because if they are willing to break a small law like that, they may be willing to break several more during your employment there.
We also handle class action cases for employers in California based upon such issues as wage and hour and workplace-related harassment and discrimination.
We have litigated against the EEOC in federal court and represents employers in wage disputes before various governmental entities. P.K. Schrieffer LLP also actively provides seminars on these issues to clients.
We also develop and implement programs, policies, and procedures to assist companies to qualify for and maintain EPL insurance policies, and to ensure they are in compliance with State and Federal employment laws.
One of the main reasons businesses break these laws to begin with is that they do not have the training or information that they should. Gaining this information before anyone makes an egregious error is crucial to the survival of any business.