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06 Dec Oakland Warehouse Fire

Posted at 16:39h in Uncategorized

On the evening of December 2, 2016, at least 36 people, many in the prime of their lives, were killed while attending a concert at a warehouse in the Fruitvale neighborhood of Oakland, CA. The Oakland Warehouse Fire is a horrific tragedy that has shocked all Bay Area residents and beyond. What should have been a night of fun and enjoyment, turned into one of the deadliest fire disasters in the Bay Area in recent history. Beyond the victims are many more friends and loved ones who have lost someone dear to them. While it is too early to say if this could have been prevented, it appears that there were failures on multiple levels. The victims and their families deserve a thorough and honest investigation. And those responsible, whether it is the City of Oakland or the owners and tenants of the building, should be held accountable. The Khadder Law Firm sends its deepest condolences to all of those affected by the Oakland Warehouse Fire....

02 Dec Degenerative or Progressive Conditions: FEHA’s Protection of Employees from Future Discrimination

Posted at 10:10h in Accomodations, ADA, Calculating Damages, California Law, CFRA, Congenital Heart Defect, Damages, Degenerative or Progressive Conditions, Disability, Disability Discrimination, Emotional Distress, Employment Discrimination, Essential Functions, Failure to Accommodate, FEHA, FMLA, Hiring Preference, HIV/AIDS, Life Expectancy, Litigation - Suing Your Employer, Long Term Disability, Loss of Employment, Loss of Income, Major Life Activity, Mediation, Medical Condition, Mental Disability, Protected Categories, Remedies, Resignation, Settlement, Trial, Undue Burden, Undue Hardship, Work-Life Expectancy, Wrongful Termination

The FEHA prohibits discrimination of physical or mental disabilities that actually exist, or that they believe to exist, even though it doesn’t actually exist. It is also unlawful for an employer to discriminate against an employee who doesn’t currently have a disability but may have a disabling condition sometime in the future. For instance, if an employee has HIV, but not AIDS, they may not presently have any limits on their major life activities. But, if the employer knows that at some point in the future they could become disabled by AIDS, then they might discriminate against that employee. The FEHA clearly prohibits that. Similarly, if someone has some kind of congenital heart disorder, it may not presently constitute a disability because it doesn’t cause limits on their major life activities. But, if the employer believes that in the future it may, they may also discriminate against that employee, and they are prohibited from doing so. There are other examples, but the main point is that if you have an issue or condition that is not presently disabiling, but may become disabling sometime in the future, the fact that it may become disabling prevents an employer from discriminating against you. If you have been discriminated on the basis of your disability by your employer, or future potential disability, contact an employment lawyer today at the Khadder Law Firm for a free initial consultation....

15 Aug Protection for Employees with Mental Disabilities

Posted at 22:57h in Accomodations, CFRA, Employment Discrimination, Failure to Accommodate, FMLA, Protected Categories

The law prohibits discrimination against people with mental disabilities just as much as it prohibits discrimination because of physical disabilities. For examples, people with depression, bipolar disorder, schizophrenia or anxiety may qualify as disabled, and be protected from discrimination by their employers. I will explore the specifics of mental disability discrimination in future blog posts, so stay tuned. In the meantime, if you believe that you have been discriminated against because of a mental disability, it is important to speak with a labor and employment attorney right away. A labor and employment attorney can help you evaluate whether you have experienced disability discrimination. A San Francisco and Bay Area labor and employment attorney at the Khadder Law Firm is experienced in evaluating all forms of disability discrimination claims. Contact the Khadder Law Firm today for a free consultation....

15 Aug Discrimination Based on Perceived Disabilities

Posted at 22:55h in Employment Discrimination

California law protects not only employees with actual disabilities; it also protects employees from discrimination because of they are regarded or perceived as disabled by their employer. There is also protection for employees who are not presently disabled but may become disabled in the future because of some kind of medical condition. If you believe that you have been discriminated against because your employer thinks you have a disability that you do not have, it is important to speak with a labor and employment attorney right away. A labor and employment attorney can help you evaluate whether you have experienced disability discrimination. A San Francisco and Bay Area labor and employment attorney at the Khadder Law Firm is experienced in evaluating all forms of disability discrimination claims. Contact the Khadder Law Firm today for a free consultation....

07 Aug Calculating Future Lost Income in a Disability Discrimination Case

Posted at 22:51h in Employment Discrimination

Like most legal questions, when it comes to how to calculate future lost income in a disability discrimination case, it depends. For instance, if you're an older person and you get terminated because of a disability, there is an argument to make that you will probably never get another job. If your case were to proceed to trial, you would probably need an expert to opine on what your work-life expectancy would be. In other words, based on the kind of work life or career that you are in, the expert can determine how long would you be expected to continue to work until physically, or even mentally, you may no longer be able to work. For younger disabled employees who may have a disability that is either temporary, or where the employee can perform the essential functions of the job with or without an accommodation, it is a little more difficult to determine what the future lost income would be. It would depend on many factors, which are looked at on a case-by-case basis. It could be anything from your education level and experience, to the state of the economy. There is no bright line rule or equation that is used to determine future lost income. Each case is different, and it may not ever be possible to fully determine exactly how much income is lost. But an experienced labor and employment attorney will take the right steps to come as close to possible in determining the amount of damages result from disability discrimination. If you believe that you have been harmed because of disability discrimination by your employer, it is important to speak with a labor and employment attorney right away. A labor and employment attorney can help you evaluate what award you are entitled to for your damages resulting from disability discrimination. A San Francisco and Bay Area labor and employment attorney at the Khadder Law Firm is experienced in evaluating all forms of disability discrimination claims and damages. Contact the Khadder Law Firm today for a free consultation....