Sacramento Labor Attorneys

Overview of the Process a Sacramento Discrimination Lawyer Uses to Build Your Case

Wed, 18 Aug 2021 16:30:02 GMT

If you’ve the victim of employment discrimination in Sacramento , you undoubtedly have many questions and more than a few concerns. Some of these questions undoubtedly have to do with the work of a discrimination attorney Sacramento . Among these matters likely is a desire on your part to have a solid understanding of the process a Sacramento discrimination attorney utilizes in building a case.

The process of building a case utilized by a Sacramento discrimination lawyer involves a number of key steps that include:

Initial discrimination case evaluation
Review of applicable laws associated with workplace discrimination and wrongful termination
Client interviews and collection of documents and other evidence
Investigation of facts and circumstances of wrongful termination
Discovery in wrongful or discrimination termination lawsuit

Initial Discrimination Case Evaluation

The reality is that a skilled, seasoned Sacramento employment discrimination attorney begins building a case during an initial consultation and case evaluation with a prospective client. Indeed, in any type of wrongful termination matter, the starting point for the construction of an effective case against the offending employer is the initial client consultation and associated case evaluation.

The importance of the initial consultation in an employment discrimination cannot be overstated; however, the preliminary appointment with Sacramento workplace discrimination attorney is sometimes considered pro forma by a person seeking legal representation. Because of the importance of the initial consultation on a number of levels, a person who believes he or she is the victim of workplace discrimination must be adequately prepared for the first session with legal counsel.

Review of Applicable Laws Associated with Workplace and Wrongful Discrimination

Even though an experienced discrimination lawyer would have a solid understanding of applicable statutes, regulations, and appellate court cases on the subject matter, focused legal research represents another step legal counsel takes in order to build an effective discrimination case for a client. The reality is that the facts and circumstances of each individual employment discrimination case is unique. Thus, different aspects of the law and prior holdings of appellate courts come into play in a particular case.

As an aside, there are many areas of workplace discrimination law that are considered “settled.” By that it is meant that statutory provisions, associated regulations, and applicable decisions in court cases have been relatively consistent on the federal and state level in California. Having said that, the overall realm of employment law, including that associated with discrimination in the workplace, is always at least somewhat in state of flux. For this reason, capable legal counsel will always spend time ascertaining whether or not there have been any changes in the law – including statutes, regulations, and court cases that might impact a particular client’s case in some manner or another.

Client Interviews and Collection of Documents and Other Evidence

As part of building a discrimination claim and case , an attorney will spend time interviewing the client. In addition, a lawyer will collect documents and evidence that is available to a client or otherwise accessible but that the person being represented does not yet have in hand for one reason or another. This generally does not include documents and other evidence that is in the possession of an employer. That type of evidence will be available at a later point in time should the claim not be settled and the case proceeds to a lawsuit.

As a discrimination lawyer works through the specific claims made by a client and examines evidence of all types that already has been compiled or obtained, counsel very likely will identify other types of evidence that would buttress a case. Evident begets evidence or the need for additional evidence in cases involving employment discrimination or wrongful termination .

Investigation of Facts and Circumstances of Discrimination or Wrongful Termination

Before diving a bit deeper into the investigation of facts and circumstances conducted by legal counsel in a discrimination or wrongful termination case, a note about what an employee ideally does when faced with discriminatory or other wrongful practices. If a person believes that they are being subjected to discriminatory or other wrongful practices, ideally that individual should maintain a written record of specific incidents of this type of conduct by managers or someone else in the workplace.

A major element of a Sacramento discrimination lawyer’s efforts to build a strong case for a client involves additional investigation of the facts and circumstances underlying a client’s claim. This is undertaken before the formal discovery process in a lawsuit (which is discussed more fully in a moment).

In a more ideal situation, a client has already taken some steps on his or her own to document incidents of discrimination in the workplace. As noted a moment ago, an employee who desires to pursue a discrimination claim has taken the step of documenting what was experienced in the workplace. In addition, a client has also undertaken some effort to pull together what he or she believes is necessary evidence to support a discrimination claim.

A Sacramento discrimination attorney builds upon documentation, other evidence compiled by a client, and statements provided by that client in formulating the strongest possible case in pursuit of justice and compensation for wrongful workplace harassment or discrimination.

Discovery in Wrongful Termination or Discrimination Lawsuit

If the claims negotiation process has reached a point that no immediate settlement seems in the offing, if the deadline to file a lawsuit in a California court is near, or if some other strategic need exists for filing a wrongful termination or discrimination lawsuit, litigation may formally commence. Once a discrimination lawsuit is underway, the case will reach a juncture at which what is known as the discovery process commences.

A court will establish a schedule for different matters associated with a discrimination case including such matters as when the discovery process must be completed. Indeed, with input from the parties (usually via legal counsel) a court establishes a discovery schedule.

In basic terms, discovery in a lawsuit is the process by which the parties to the case are able to obtain certain evidence from the opposing party. This comes in the form of documents. It also means that an attorney for a person with a discrimination complaint can obtain deposition of certain key representatives of an employer or other key witnesses. A deposition is questioning under oath.

The discovery process results in the development of additional evidence associated with an employment discrimination case. Obtaining this information allows a qualified Sacramento discrimination attorney to continue to evaluate the strength of a case. Evidence gleaned through the discovery process can prove to fundamental building blocks for what hopefully proves to be an effective case against an employer alleged to have discriminated.

As a related aside, evidence obtained through discovery oftentimes results in a resumption of settlement negotiations if that process had stalled previously. For example, the production of evidence through discovery may demonstrate that a person pursuing an employment discrimination claim has a meritorious case.

The first step in retaining an experienced, tenacious Sacramento discrimination lawyer is to schedule an initial consultation with prospective legal counsel. As a matter of standard practice in the state of California, a discrimination attorney typically arranges an initial consultation and case evaluation at no obligation and no cost to a prospective client.

Importance of Proactively Hiring a Sacramento Sexual Harassment Lawyer

Wed, 11 Aug 2021 15:45:02 GMT

Sexual harassment claims and lawsuits involve the application of complicated laws coupled with complex administrative and judicial processes. For these and associated reasons, a person who is the victim of this type of inappropriate workplace conduct is wise to be as proactive as possible to retain the services of an experienced Sacramento sexual harassment lawyer .

Sexual Harassment and the Creation of a Hostile Work Environment

At the heart of a claim based on an allegation of sexual harassment is the creation of a hostile work environment . A hostile work environment is defined as one in which conduct of a sexually harassing nature becomes what fairly can be described as an integral part of the target’s ongoing employment. In other words, the victim of sexual harassment reasonably believes that her job is jeopardized by countering or taking action to stop sexually harassing conduct. (The pronoun “her” is used throughout this discussion. This is done to enhance the readability of this page but is not intended to overlook the fact that men are subjected to workplace sexual harassment as well.)

A reasonable belief about jeopardizing a job oftentimes means that the perpetrator of sexually harassing conduct is in a position of authority over the victimized employee. With that said, a coworker can also be a perpetrator of sexual harassment when that individual’s conduct is not properly curtailed by supervisory personnel.

In order to rise to the level of creating a hostile work environmen t, the harassment faced by an employee must be severe and pervasive. The conduct must be so significant that a reasonable individual would consider that conduct offensive, hostile, and intimidating.

Due to the particularly egregious nature of sexual harassment in the workplace , there are instances in which this type of conduct exhibited in a solitary instance may be sufficient to give rise to a credible claim of creating a hostile work environment. In other words, there can be instances of workplace sexual harassment that takes the form of such severely inappropriate behavior that the demonstration of an ongoing pattern and practice of conduct becomes irrelevant to support a claim that a hostile work environment has been created.

Forms of Workplace Sexual Harassment

Actionable workplace sexual harassment can take many different forms. A determination of whether the conduct of a supervisor or coworker in the workplace rises to the level of sexual harassment is determined by considering the specific facts and circumstances at hand. In some ways, U.S. Supreme Court Associate Justice Potter Stewart’s statement as to how pornography is identified can be useful in understanding what constitutes sexual harassment in an employment setting: “I know it when I see it.”

In fact, federal and California law, together with a myriad of court decisions on the subject, have identified a spectrum of conduct that can underpin a claim of workplace sexual harassment. This egregious conduct includes these types of actions if they have an attached sexual connotation:

General comments
Jokes
Slurs
Epithets
Name calling
Ridicule
Mockery
Insults
Put-downs
Presentation or display of offensive pictures
Presentation or display of offensive objects
Threats
Intimidation
Physical assaults

Preservation of Evidence Related to Workplace Sexual Harassment

In the grand scheme of things, any type of civil claim, including one involving sexual harassment, depends upon evidence to support the contention being made. Consequently, it is vital that as much evidence to support the claim is identified, collected, and preserved as soon as possible.

Not all evidence supporting a workplace sexual harassment claim is accessible to the claimant at the beginning of the process of asserting her rights. Some evidence can only be “produced” or collected via the evidentiary discovery process after a lawsuit is filed. With that said, merely because not all evidence is collectable at the commencement of the claim process does not mean that a laidback attitude should be taken in regard to identifying, collecting, and preserving as much evidence as possible.

While a layperson certainly has the ability to identify and collect evidence as part of her desire to pursue a workplace sexual harassment claim, an experienced workplace harassment lawyer has the skillset necessary to ensure that all potentially available evidence is in fact collected and properly preserved in a manner sufficient to support pursuing a claim. The need for involving an experienced, skillful attorney in this process underscores the importance of retaining a Sacramento sexual harassment lawyer sooner rather than later.

Workplace Sexual Harassment Claims and Administrative Proceedings

Different types of workplace discrimination and harassment claims oftentimes need to be submitted to an administrative process before judicial proceedings are initiated. There are very specific deadlines associated with these types of proceedings.

Laypeople might have some familiarity with the judicial system but nearly always lack any type of clear and meaningful understanding of administrative processes. This is a perfectly understandable state of affairs.

The potential need to navigate through administrative proceedings illustrates why a victim of this type of workplace harassment is well-served retaining the professional services of a workplace sexual harassment attorney.

Sexual Harassment Claims and the Statute of Limitations

California has a law known as the statute of limitations . The statute of limitations establishes a deadline by which different types of cases must be filed with the court. The failure to file a lawsuit or a criminal case by the established deadline nearly always means that a particular case cannot be brought in court.

The California statute of limitations for sexual harassment lawsuits was extended in 2020. The deadline for filing a sexual harassment lawsuit is not three years from the date of the incident in question.

The fact is that identifying the date the statute of limitations begins to run can prove to be somewhat complex in a sexual harassment case. This fact underscores the importance of being as proactive as possible to retain the services of an experienced Sacramento sexual harassment attorney.

How to Proactively Retain a Qualified Sacramento Sexual Harassment Attorney

The first step to proactive retain an experienced, committed, tenacious Sacramento sexual harassment lawyer is to schedule what commonly is known as an initial consultation and case evaluation . As initial consultation with legal counsel provides you the opportunity to learn more about a particular attorney and to determine if that professional is a proverbial “good fit” for your case. You also have the opportunity to learn more about sexual harassment law and the overall procedure for pursuing a sexual harassment claim and lawsuit.

Moreover, a preliminary meeting with a sexual harassment lawyer provides counsel the opportunity to review at least some of the basic facts and circumstances surrounding your situation. A lawyer is able to get at least some feel for the potential strength of your case.

As a matter of practice, a California sexual harassment lawyer typically charges no fee for an initial consultation. Moreover, a Sacramento workplace sexual harassment attorney typical utilizes a contingency fee agreement for representation in the case itself. Generally speaking, this means that a lawyer does not charge a fee unless a positive settlement or judgment is obtained in a particular case. There can be some caveats to this type of arrangement which can be ascertained and discussed during an initial consultation to a Sacramento sexual harassment lawyer.

How to Find an Employee Lawyer Near Me

Wed, 04 Aug 2021 12:05:17 GMT

If you have found yourself in the midst of legal issues stemming from your employment, you likely feel overwhelmed and perhaps even confused. The stark reality is that California employment law is complex. Moreover, dealing with employment-related matters can be emotionally challenging as well. The surest way to protect your vital legal interests in this type of situation is retaining the services of an experienced, understanding Sacramento employment lawyer . With that said, you may wonder how you can go about finding an employer lawyer near me .

There are a variety of resources and strategies you should consider employing if you seek representation from a lawyer versed in employment law matters. These include:

Obtain references from family, friends, colleague
Utilize the State Bar of California attorney directory
Use the Sacramento County Bar Association attorney directory

As a side note, you are wise to commence the process of seeking capable legal counsel near you as soon as you realize that you have a employment-related case on your hands.

Even in the Digital Age, Word of Mouth Matters: Obtain Recommendations

When seeking professional services, people from all walks of life rely heavily on digital resources, specifically what can be found on the internet. While this is all well and good to some degree, the internet is not the only and perhaps not always necessarily the best resource when a person is seeking a Sacramento employment attorney. Indeed, even in the midst of the Digital Communications Age, old-fashioned word of mouth is an excellent resource when you are seeking local legal counsel with a background in employment law.

As part of a comprehensive effort to find an attorney near you , including taking advantage of online resources, you will want to reach out to family, friends, and colleagues. Odds are decent that you have someone in your life with a proverbial “first degree of separation” that has used the services of an employment law lawyer at some time in the past. If you don’t have an immediate contact that has retained this type of legal counsel, at least one of these people in your immediate sphere knows someone who has retained an employee attorney in your community.

If you desire not to divulge specifics about your case at this time, you don’t need to provide much information to anyone to ascertain if they might know of a qualified and effective Sacramento employee attorney . You need only share that this is the type of counsel you seek. If someone or another starts digging deeper with questions about your situation, a perfectly appropriate response is that you do not want to talk about your situation until you’ve had the chance to consult with an attorney.

Access Referral Resources from the State Bar of California

Another tactic that you will want to consider seriously taking advantage of when seeking a Sacramento employment lawyer is accessing the referral services provided by the State Bar of California. The bar association maintains a comprehensive listing of California attorneys that practice in different areas of the law. This includes California attorneys that provide representation to clients in regard to a myriad of different types of employer and employee cases, including wrongful termination and sexual harassment matters.

The State Bar of California has built a generally user friendly website through which you can access its digital directory of legal counsel. The bar association also has staff available that can answer questions over the phone from people desiring to use the attorney find resources. The state bar charges a consumer nothing to access the statewide attorney directory resources it offers to consumers.

Access Referral Resources from the Sacramento County Bar Association

Somewhat similar to what is available statewide, the Sacramento County Bar Association also maintains attorney referral resources as well. The local bar association does provide consumers in need of different types of legal representation with access to listings of lawyers in California who serve the people of Sacramento County. Attorney listings are broken down into specific practice categories, including legal counsel that provides representation for people who have cases involving wrongful termination, sexual harassment, wage and hour disputes, and other types of employment law matters. There is no charge associated with accessing the attorney search resources offered by the local bar association.

Finding Names is Only Half the Battle: Take Full Advantage of an Initial Consultation

Once you identify Sacramento employment attorneys that appear to have the background to meet your specific needs, there is due diligence to be done. Consider narrowing the field of prospective Sacramento employment law lawyer s to two or three choices. When you have narrowed the proverbial field in this manner, reach of these attorneys and request an initial consultation and case evaluation with them.

A general practice utilized by Sacramento employment law firms is to schedule an initial consultation and case evaluation with prospective clients at no cost and no obligation. This provides you not only an opportunity to have you case evaluated in a preliminary manner by legal counsel but you are able to assess a particular employment attorney or employment law firm.

There are a number of steps you want to take when it comes to evaluating possible employment attorneys when seeking “an employee lawyer near me .” These include:

Obtain references from an attorney you are considering retaining. References can include former clients as well as professional colleagues. Three references typically is a sufficient number. Be sure to not only collect the names of references, but actually reach out to these individuals. A surprising number of people on the hunt for capable legal counsel do request references and then do nothing with that information.
Discuss in some detail a lawyer’s background in employment law. You will want to not only get generalized information in this regard but find out what specific types of experience an attorney has in employment cases similar to your own.
When seeking an attorney in practice near you, you will also want to find out how a particular law practice runs. By this it is meant you will want to ascertain who will be your primary contact person at the firm. Will the lawyer his or her self be your main contact or will a legal assistance or some other staff member be assigned to your case as well?
Make certain you pin down the fee arrangement during an initial consultation with a Sacramento employment attorney. Many cases involving employment issues, including wrongful termination matters, are undertaken by legal counsel using a contingency fee agreement. Generally speaking, a contingency fee means that a client does not owe a fee unless an attorney prevails on behalf of that client in a case. Bear in mind that there can be some nuances associated with these types of fee agreements that you want to make sure you understand fully before entering into an agreement for services with an employment law lawyer.
In the final analysis, by utilizing the strategies set forth in this discussion you will be in the best possible position to satisfy your objective of finding an employee lawyer near me. You will be on course to retain a capable, reliable, reputable employment law attorney for your case.

How a Wrongful Termination Attorney Will Destress Your Life and Fight to Get You What You Deserve

Tue, 27 Jul 2021 18:34:31 GMT

If have experienced wrongful termination from your employer , you very well may feel like you have the weight of the world on your shoulders. Losing a job for some sort of bona fide reason like a company going out of business represents one of the most stressful life experiences. The stress associated with a job loss because of wrongful termination notches up the stress level for most people severely. One practical step to take to “destress your life” after experiencing this type of employment related trauma is to engage the services of an experienced wrongful termination attorney Sacramento . There are a number of reasons why retaining a Sacramento wrongful termination attorney can prove to be a major step towards lowering the stress level in your life:

Reliable information about your legal rights
Action to protect your legal interests
You avoid missteps that happen when a person “represents his or her self”
Buffer from dealing with former employer if you make a claim
Enhancing compensation in your case

Reliable Information About Your Legal Rights

A primary way in which retaining a Sacramento wrongful termination law firm can destress your life is legal counsel can provide you with reliable, necessary information about your claim. In the absence of experienced legal counsel, you run the risk of lacking accurate information about a number of different elements associated with pursuing a wrongful termination claim. These include misinformation about applicable laws and regulations, misinformation about the claims procedure process, and inaccurate information about absolute deadlines associated with a wrongful termination claim.

The fact is that the stress associated with uncertainty over whether or not you have accurate and reliable information associated with your legal rights can be profound. General uncertainty is magnified by the fact that if you act on incorrect information or fail to act because you don’t know what you lawfully are required to do.

Action to Protect Your Legal Interests

In addition to having information necessary to understand what needs to be done to protect your life, a seasoned attorney will take action on your behalf. Depending on the facts and circumstances surrounding your wrongful termination, legal action can included everything from pursuing an administrative action with a governmental agency to preparing a filing a lawsuit in a California court .

In addition to procedural action, a well-trained Sacramento employment lawyer also has the capacity to investigate your claim and obtain necessary evidence to support your contention that you have been discharged wrongfully from your employer . The collection of necessary evidence is a crucial element of obtaining justice in the aftermath of an improper employment termination.

Avoid Missteps that Happen when You “Self-Represent”

A person who wants to pursue a wrongful termination claim certainly has the right to do so without legal representation. With that said, laws, regulations, administrative processes, and judicial proceedings that can be associated with a California wrongful termination claim can be highly complex. The fact is that most lawyers themselves do not have the background necessary to effectively pursue a wrongful termination claim on behalf of a client. With that said, even a highly intelligent layperson most definitely cannot be faulted for not being able to efficiently let alone effectively maneuver through the complex process associated with pursuing a wrongful termination claim.

Time and again individuals that elect to pursue a wrongful termination claim on their own and without experienced legal counsel end up defeated in their efforts. This occurs not because they don’t have a case to be made. Rather, a common reason why self-represented wrongful termination claimants fail to obtain justice is because of some sort of legal or procedural misstep that they make along the way.

Retaining an experienced Sacramento employment lawyer eliminates the possibility that your case will derail because of a mistake you made by representing yourself. An experienced attorney understands the law associated with your claim and how to apply it. In addition, capable legal counsel knows how to work through what can be a complex process to bring a wrongful termination claim to a satisfactory conclusion.

Buffer from Dealing with Former Employer

Finally, when it comes to the ways in which hiring a skilled lawyer can destress your life following a wrongful work termination, legal counsel provides you with a much-needed buffer between you and your former employer. By the very nature of a termination of this nature, you understandably have a “rocky” or otherwise unacceptable “relationship” with your former employer.

While a people in your shoes certainly have the right to pursue justice on their own, another reason why that is not an advisable and oftentimes less than productive course rests in the dim reality that you would continue to have direct contact with your former employer. Ongoing contact of this nature is by definition highly stressful. Many people who have taken the “go it alone” course (at least initially) describe this continuing direct connection with a former employer the most stressful aspect of life in the aftermath of a wrongful termination.

The buffer that a lawyer provides completely eliminates the need for you to have recurring direct contact with your former employer and individuals associated with that enterprise. Your lawyer fights for you and is vested with the authority to deal with those involved in your improper employment termination.

Ultimately, in the aftermath of a wrongful termination, if you are like most people you want to start rebuilding your work life – and your personal life. Losing a job in this manner impacts a person’s life negatively on both professional and personal fronts. Retaining the services of a capable Sacramento wrongful termination lawyer is key to protecting your legal rights and interests, to obtaining justice in your case. Moreover, hiring an experienced wrongful termination attorney allows you the space to get your life back on the course you desire.

Enhancing Compensation in Your Case

Finally, when it comes to retaining legal counsel, destressing your life, and enhancing your chances of obtaining justice and the compensation to which you are entitled, retaining an experienced wrongful termination attorney is imperative. The fact is that in nearly all situations, a person who prevails in a wrongful termination case who is represented by legal counsel ends up with more compensation than is the case of a claimant who elects not to retain the services of a capable attorney. This enhancement of compensation occurs even when attorney fees are taken into the mix and made a part of the compensation equation .

The first step in engaging the services of a wrongful termination attorney or law firm is scheduling what is known as an initial consultation. As a matter of general practice, a Sacramento wrongful termination lawyer will arrange an initial consultation with a prospective client at no cost and no obligation to that individual.

In addition, most California employment lawyers utilized what is known as a contingency fee agreement. In general terms, this basically means that you are not obliged to pay an attorney fee unless attorney or firm you retain prevails in settling your cases or wins a judgment in your favor in a lawsuit for wrongful termination.

The Covid-19 Vaccine: Employer and Employee Rights

Mon, 31 May 2021 23:55:00 GMT

As the various Covid-19 vaccines that have received emergency use authorizations from the federal Food and Drug Administration begin to roll out in earnest, employers and workers alike understandably have questions regarding what this vaccination process may mean for workplace safety. The federal Equal Employment Opportunity Commission (EEOC) weighed in on an important aspect of this broader topic in mid-January of 2021. Specifically, the agency clarified that many U.S. employers can broadly require their workers to get vaccinated. Employers can, under certain circumstances, lawfully prohibit unvaccinated workers from returning to their positions. This federal guidance is going to prove controversial and will likely become the subject of legal challenges, given that a significant segment of the population remains wary of subjecting themselves to these new vaccine options.

EEOC Guidelines Regarding the Covid-19 Vaccine

When announcing its vaccine-related regulatory clarifications, the EEOC explained that employers have a general legal right to require that workers get vaccinated against Covid-19, as this mandate facilitates the safe workplace that employers are legally required to maintain. Under U.S. law, employers must follow specific safety mandates in order to safeguard the whole of their workforce against unreasonable threats to their safety . These mandates include broad safety requirements – including those that relate to air quality and noise-related hazards – that potentially affect every worker equally. However, these mandates also demand that employers take targeted action in the event that even a single person poses a genuine safety threat to other workers. The EEOC has consistently insisted that, "an individual shall not pose a direct threat to the health or safety of individuals in the workplace." Should an unvaccinated worker subject their coworkers to a threat of contracting Covid-19, this threat to worker safety could leave employers liable for their refusal to address that threat. Hence, the EEOC’s insistence that employers can require their workforce (broadly speaking) to be vaccinated in order to maintain their job security .

Exemptions and Accommodations

The Americans with Disabilities Act does not generally allow employers to mandate that workers submit to medical examinations as a condition of their employment. However, the EEOC has clarified that vaccination against Covid-19, which is highly transmissible, is a medical procedure, not a medical exam. Being vaccinated doesn’t require employees to divulge anything about their medical status or their medical history that they may wish to keep private. As a result, the act of requiring workers to submit to vaccination doesn’t broadly violate the terms of the ADA.

With that said, there are exceptions to this broad rule. Not every worker in the U.S. can safely receive a vaccine. Additionally, some individuals oppose vaccination on religious grounds. As a result, the EEOC acknowledges that, whether due to disability or sincerely held religious beliefs, there are some workers who cannot be required to submit to a vaccination mandate . In these cases, workers may be required to formally request an accommodation under the Americans with Disabilities Act or Title VII. If it is possible to make a reasonable accommodation accordingly, an employer is bound to honor that request. This approach is consistent with the reasonable accommodation process ordinarily extended to workers with disabilities. A reasonable accommodation may, for example, consist of allowing an unvaccinated worker who cannot receive a vaccination due to disability or sincerely held religious beliefs to work from home.

When Workers Refuse to Get Vaccinated

In the event that it isn’t possible to grant a worker a reasonable accommodation related to a vaccination requirement, an employer is legally permitted to bar an unvaccinated worker from entering the workplace due to the worker’s presence as a safety hazard. In this event, it may seem as if the only option is to terminate the worker’s employment. However, that isn’t necessarily true. Depending on the unique circumstances surrounding a given worker’s situation, they may be eligible and ultimately entitled to unpaid leave, should they choose to avail themselves of that option. Over time, if the worker remains on job-protected unpaid leave indefinitely, an employer might be placed in a position of undue hardship. At that point, job security in the face of additional leave may become compromised as employers aren’t generally required to make accommodations under the ADA or Title VII that cause undue hardship. However, this challenge would be circumstantial and subject to scrutiny on a case-by-case basis.

If a worker is not entitled to job-protected leave and they cannot complete their job duties from home via a reasonable accommodation, it may ultimately be lawful for their employer to terminate their employment if they remain unvaccinated – and therefore remain a threat to the safety of others within a workplace setting. Only time will tell how significant an impact employer vaccine mandates will have on the job security of the American workforce, including those whose disabilities prevent them from being vaccinated safely and those whose sincerely held religious beliefs prevent them from being vaccinated as well.

Legal Aid Is Available

Discrimination in the workplace due to disability or religious beliefs is a complex area of employment law. Although employers are generally required to honor requests for reasonable accommodations, provided that such accommodations won’t result in undue harm to the business in question, not all employers honor legitimate and reasonable requests when they are made. If you have questions about reasonable accommodations and/or discrimination in the workplace due to any protected characteristic, please connect with our firm’s legal team today. Every worker deserves to understand what their rights are under federal, state, and local law. Once our firm learns about your particular questions and challenges, we’ll be able to provide you with personalized legal guidance unique to your situation. At that point, you’ll be empowered to make informed decisions about your legal options. Should you choose to take legal action of any kind, our firm will build the strongest case possible on your behalf. We look forward to speaking with you.