Pregnancy

New trial in preganancy discrimination lawsuit against the French Laundry

30 Sep Court grants new trial in French Laundry discrimination suit

The Khadder Law Firm is pleased to announce that the Honorable Judge Victoria Wood of Napa County Superior Court has granted a Khadder Law Firm client a new trial in her pregnancy discrimination lawsuit against renowned Chef Thomas Keller, The French Laundry, and the Thomas Keller Restaurant Group. For several years, our client worked at Per Se, a Keller restaurant in New York. During a 2016 visit to California, she became interested in transferring to The French Laundry in Yountville. After speaking with management at The French Laundry, our client believed she had secured a position there. Before starting at The French laundry, she discovered she was pregnant. After The French Laundry learned of the pregnancy, it told our client it had no position for her. The French Laundry then denied that it ever offered our client a transfer. She retained the Khadder Law Firm and filed suit in Napa County Superior Court in September 2016. After a month-long trial during May and June of 2019, the jury returned a verdict in favor of the defendants on each of our client's four claims. The Khadder Law Firm, along with our co-counsel, moved the court for a new trial. On September 5, 2019, Judge Wood ordered a new trial as to each of our client's four claims. Judge Wood’s order acknowledges significant irregularities in the jury deliberation process. Additionally, Judge Wood found multiple instances of attorney misconduct by the defense. Based on the strength of our client's evidence and the jury verdict, Judge Wood concluded that these irregularities were prejudicial and that “a new trial is most certainly warranted.” As of now, the court has not set a date for the new trial. For updates on this and more, follow us Twitter and Instagram. If you believe you have been the victim of pregnancy discrimination, contact the Khadder Law Firm today for a free consultation....

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10 Jul Pregnancy Disability Exception

The undue burden exception to an employer's obligation to accommodate a disability by providing a leave of absence, is not applicable in the case of a pregnancy disability. The reasoning behind this exception is that a pregnancy disability or medical condition is assumed to be for a finite period of time. In other words, once the mother gives birth, recovers, and is no longer pregnant, the assumption is that she will no longer require an accommodation for the pregnancy-related medical condition or disability. So, an employer cannot defend against a claim of disability discrimination or pregnancy related disability discrimination by arguing an undue burden or hardship. An employer can bring forward many arguments that they feel would be characterized as an undue burden. For instance, suppose it is a small employer and you are a key employee, like a CFO or some other C-level executive. If you were to need a leave of absence that goes on for a long period of time, the employer might successfully argue that your absence creates an undue hardship for the company because they have to essentially keep your job open for you and not replace you, or at least not replace you permanently. A larger multinational company, in contrast, is more capable of absorbing an extended leave of absence of any employee, so that would be taken into consideration with respect to an undue hardship defense. If you believe that your employer has failed to provide you a reasonable accommodation for a disability, pregnancy related or not, it is important to speak with a labor and employment attorney right away. A labor and employment attorney can help you evaluate whether you are experiencing unlawful conduct by your employer. A San Francisco and Bay Area labor and employment attorney at the Khadder Law Firm is experienced in evaluating all forms of disability accommodation matters. Contact the Khadder Law Firm today for a free consultation....

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20 Jun Important Requirements for FMLA or CFRA Leave

The Family Medical Leave Act (“FMLA”) and California Family Rights Act (“CFRA”) provides certain requirements, duties and obligations on the part of the employee and the employer. For instance, the employee has a duty to provide notice of a serious medical condition that may require a leave of absence. You don't have to expressly request FMLA or CFRA leave by name to be entitled to the leave of absence, but you have to provide your employer with notice of a serious medical condition. If an employer has notice of a serious medical condition, then they have an obligation to offer you FMLA or CFRA leave. Once you provide notice, the employer may require certification from your physician. There is a standard form that is provided by the State of California, or the employer can use their own form. Essentially what the form requires is for the physician to characterize your medical condition as being a serious medical condition. The form does not have to reveal the nature or the specifics of the serious medical condition. It only needs to certify that you have a medical condition. Your physician should also provide expected leave dates indicating how long you will be out on medical leave. In order to qualify for FMLA or CFRA leave, you have to have been employed for essentially a year. It is actually calculated by the number of hours you have worked. Specifically, you must have worked at least 1,250 hours over a 12 month period prior to your need for leave. As long as you have worked the minimum amount of hours for the employer, then you are entitled to FMLA/CFRA leave for your serious medical condition.   Once you provide certification from your doctor, the employer must notify you whether you have qualified for FMLA or CFRA leave. The law requires a minimum of 30 days notice before you take the leave of absence, but it also permits for a shorter notice period for emergency situations, in which case you have to notify the employer as soon as practicable. If you believe that your employer or prospective employer has failed to comply with its obligations under the FMLA or CFRA, it is important to speak with a labor and employment attorney right away. A labor and employment attorney can help you evaluate whether you are experiencing unlawful violations of the FMLA or CFRA. A San Francisco and Bay Area labor and employment attorney at the Khadder Law Firm is experienced in evaluating all forms of FMLA and CFRA matters. Contact the Khadder Law Firm today for a free consultation....

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20 Jun The Family Medical Leave Act and the California Family Rights Act

The Family Medical Leave Act (FMLA) and the California equivalent, the California Family Rights Act (CFRA), provide for up to 12 weeks of leave in a one year period for a serious medical condition. The FMLA and CFRA also provide employees with protected leave to care for a family member with a serious medical condition. It is protected leave, so your employer is required under the law to give you a leave of absence for a serious medical condition, and must not interfere or retaliate against you for taking a leave for a serious medical condition. For instance, your employer is not allowed to terminate you because you requested or took FMLA or CFRA leave. Your employer has a duty to restore you to the same position you held once you come back from your FMLA or CFRA leave of absence. And, if for some reason the position is no longer available, they have a duty to reinstate you to a comparable position. Furthermore, your employer cannot retaliate against you for taking protected leave. FMLA leave is unpaid leave. But you may be able to get a portion of your wages through the state of California for at least a few weeks. In 2018, California will increase the percentage of your wages you can receive while on leave. If you believe that your employer or prospective employer is interfering with your leave rights under the FMLA or CFRA, or is retaliating against you for exercising those rights, it is important to speak with a labor and employment attorney right away. A labor and employment attorney can help you evaluate whether you are experiencing unlawful violations of your leave right. A San Francisco and Bay Area labor and employment attorney at the Khadder Law Firm is experienced in evaluating all forms of FMLA and CFRA retaliation and interference. Contact the Khadder Law Firm today for a free consultation....

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15 Jun Gender and Pregnancy Discrimination

One of the most common forms of employment discrimination that I encounter in my practice is disability discrimination. Sex/gender discrimination and racial discrimination are also unfortunately very common. Sex discrimination includes discrimination because of pregnancy. In the case of pregnancy discrimination, an employer should treat you the same way as they treat everyone else. Just because you are pregnant or of childbearing age does not give the employer license to treat you any differently. If you are pregnant, there are certain additional protections that you have for the period of the pregnancy, and for some time after giving birth, which are unique to pregnancy discrimination claims. For instance, California law has what is known as the Pregnancy Disability Leave Law. The Pregnancy Disability Leave Law (PDLL) provides for a certain amount of leave for a medical condition or a disability connected to your pregnancy. So, if you are experiencing complications from your pregnancy, then you are protected from discrimination because of those medical conditions. You also have the right to take a certain amount of protected leave in addition to any other leave rights that you would have under the Family Medical Leave Act (FMLA), or the California equivalent, which is the California Family Rights Act (CFRA). Pregnant employees who have a pregnancy-related disability or medical condition could conceivably have at least 7 months of protected leave. The PDLL provides 4 months of leave for a pregnancy-related medical condition or disability, and the CFRA can provide an additional 3 months for bonding with your child. CFRA also provides protected leave for new fathers, generally known as paternity leave. Maternity and paternity leave gives an employee the opportunity to spend time to bond with their newborn child. If you believe that your employer or prospective employer is engaging in pregnancy discrimination, or interfering with your leave rights, it is important to speak with a labor and employment attorney right away. A labor and employment attorney can help you evaluate whether you are experiencing unlawful pregnancy discrimination or violations of your leave right. A San Francisco and Bay Area labor and employment attorney at the Khadder Law Firm is experienced in evaluating all forms of pregnancy discrimination. Contact the Khadder Law Firm today for a free consultation....

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