Family Justice Center

Compared to the other states the employees of Californian state are given more privileges under the Employment Discrimination Law. Under this law the employees have the right to find the job they like and can work provided they are responsible for it.

The Department of Housing and Fair Employment of the Californian state enforced the law of employment discrimination. By this law the employees are protected from discrimination and harassment at work.

The Californian law against employment discrimination provides protection to the employees from harassment and discrimination in several issues. Some of these issues include religion, sex, race, color, marital status, national origin, disability and age. The law also looks into the issues of refusal of leave in case of family, medical or pregnancy leaves and decent accommodations for the disabled.

The law against the discrimination of employees is applicable to those workers inside the state and to those companies which have a work force of fifty or more. The specifications of the law include:
1. Prohibition of the rule of limiting the use of a foreign language at work unless the work demands it. This means that an employee from a foreign country can talk in their native until the work demands the use of English
2. The employers are required to meet the employee’s needs when it comes to the accommodation of the ill or disabled. This means making a user friendly environment which includes desks, special chairs and ramps which can help the employees to perform better.
3. Medical or maternity leaves for at least four months are also expected from the employers.
4. The work place has to be made harassment free by the employers. The harassment includes hostile environment at work, sexual harassment and many more.
5. Prohibition of hiring people based on discrimination, meaning that the selection of workers must not be based on race or color but rather on the merits and qualifications.
6. Retaliating to a complaint or a future complaint by the worker should be prohibited.
7. The discriminated employees can get compensation and the employers will be fined. Attorney fee, reinstatement, front and even back pay are allowed by this law.

Compared to the federal regulations the California law against discrimination is stricter. The law lays emphasis on many important points compared to the federal regulations. The ups and downs of the California law against discrimination of employees end in the same point. Every person in the state can work they cannot be discriminated by the employers in any other terms other than their performance and qualifications.

“Domestic violence” or “domestic abuse” is a common criminal charge in California.  Simple arguments often escalate into domestic violence allegations.  Domestic violence is typically charged under Penal Code 273.5 or Penal Code 243(e).  This article focuses on domestic violence charges under Penal Code 273.5.

It is critical for anyone accused of domestic violence to have a basic understanding of domestic violence law, including how a prosecutor attempts to prove domestic violence; punishments for domestic violence; and defenses to domestic violence allegations.

What is required to prove domestic violence? The prosecution must generally prove the following facts to find a defendant guilty of domestic violence under Penal Code 273.5: (1) defendant abused a spouse, former spouse, a current or former live-in girlfriend or boyfriend, or the mother or father of the defendant’s child; (2) the defendant used intentional (non-accidental) force to cause the abuse; and (3) the victim suffered some form of visible injury, even if the visible injury is small.

What are common defenses to domestic violence charges?  While any domestic violence charge must be evaluated on its specific facts, in many cases there are strong defenses to a domestic violence charge, including: (1) false accusations – domestic arguments often result in false accusations of domestic violence; (2) self defense – it is not domestic abuse when someone uses reasonable self defense to protect himself from a domestic attack; and (3) accident – it is not domestic abuse when someone does not deliberately do an act to cause injury to a spouse or domestic partner.

What is the punishment for a domestic violence charge?  Penal Code 273.5 is a “wobbler”, meaning that it can be charged as a misdemeanor or as a felony. If charged as a misdemeanor, it is punishable by up to 1 year in county jail and a $6,000 fine, or both.  If charged as a felony, it is punishable by 2, 3 or 4 years in a state prison, a $6,000 fine, or both.  The prosecutor will decide to charge Penal Code 273.5 as a misdemeanor or as a felony based primarily on the extent of the victim’s injuries.

I hope this article has been helpful.

Sincerely,

Garret Weinrieb, Esq.

Valerio | Weinrieb Criminal Defense Attorneys

(note: Information contained within this article is intended for general information purposes only and is not, nor is it intended to be, legal advice for any individual case or situation. The information contained within this article is not intended to create an attorney-client relationship and use of this article, and any information contained herein, does not constitute such a relationship.)