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MAY THE FEHA BE WITH YOU   David Graulich,  Esq Law Practice of David Graulich MAY THE FEHA BE WITH YOU   David Graulich,  Esq Law Practice of David Graulich

MAY THE FEHA BE WITH YOU David Graulich, Esq Law Practice of David Graulich - PowerPoint Presentation

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Uploaded On 2019-11-01

MAY THE FEHA BE WITH YOU David Graulich, Esq Law Practice of David Graulich - PPT Presentation

MAY THE FEHA BE WITH YOU David Graulich Esq Law Practice of David Graulich SACRAMENTO COUNTY PUBLIC LAW LIBRARY November 15 2018 2 ORIGINS OF FEHA FAIR EMPLOYMENT AND HOUSING ACT 3 THREE FEHA BASIC CLAIMS ID: 761937

plaintiff feha david law feha plaintiff law david graulich discrimination failure breaks provide pay ada labor win code severe

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MAY THE FEHA BE WITH YOU David Graulich, Esq Law Practice of David Graulich SACRAMENTO COUNTY PUBLIC LAW LIBRARY November 15, 2018

2

ORIGINS OF FEHA FAIR EMPLOYMENT AND HOUSING ACT 3

THREE FEHA BASIC CLAIMS Discrimination Retaliation Harassment 4

“Severe or Pervasive” Refers to the intensity (severe)…. or the frequency (pervasive) of the wrongful conduct 5

TAKE HEED, LITIGATOR “FEHA does not guarantee your victory at trial. Whether you succeed…or whether you taste the bitterness of failure….depends on your facts, your skills…and your heart. A sympathetic plaintiff helps a lot, too. ” 6

Yes, but… …FEHA claims make it MORE LIKELY that Plaintiff can win at trial….or negotiate a favorable settlement. 7

Plaintiff MUST Obtain Right-to-Sue Letter!! “Exhaustion of administrative remedies” Can be obtained at the DFEH Web site Extends statute-of-limitations for another 12 months Right-to-sue letter is A BIG DEAL for Plaintiff. 8

FEHA v. Title VII (Federal counterpart) 9

FEHA v. Americans with Disabilities Act (ADA) See Ravel v. Hewlett-Packard Enterprise, Inc ., 228 F. Supp. 3d 1086, 1098 (E.D. Cal. 2017)  David’s case in 2017 FEHA more expansive protection for Plaintiff than ADA 10

FEHA v. Federal Age Discrimination Law (ADEA) 11

FEHA + Tort Law + Labor Code = POWERFUL COMPLAINT Wrongful Termination Defamation Intentional Infliction of Emotional Distress (IIED) Whistleblower (Labor Code Section 1102.5) Failure to Pay Overtime Failure to Provide Meal Breaks Failure to Provide Rest Breaks 12

How About Attorneys Fees if I win? 13

What if I lose….do I pay damages? 14

What About Section 998 Settlement Offers? 15

FEHA to the Rescue! 16

17

Remember those Three Basics! Discrimination Retaliation Harassment 18

David Graulich Lawyer for People Wronged at Work ™ david@wrongedatwork.com www.wrongedatwork.com (phone) 916.966.9600 19