Ventura County Sued for Disability Discrimination by Justice Department

Government employees and offices are supposed to lead by example, after all, who can better set the bar for integrity and excellence than the government itself, which is sworn to uphold the laws of the land?

But the US Justice Department is now suing Ventura County for unlawful employment discrimination. The lawsuit filed was in behalf of a deaf woman whom the county failed to hire back in 2005.

The woman allegedly applied for the position of children's social service worker and despite the high ratings during her first interview, she was denied due to her disability.

According to the Justice Department, the woman was previously employed in the same position with Los Angeles County for 10 years and had excelled in her job.

Ventura county is being charged by the government with violation of the Americans with Disabilities Act of 1990.

The Americans with Disabilities Act of 1990 or the ADA is a civil-rights law that prohibits discrimination based on disability. The federal government recognizes the fact that people with disabilities are often treated as lesser members of society and the law protects them from various forms of abuses and discrimination.

Title I of the ADA in particular, prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment.

The scope of the law expressly covers all employers with 15 or more employees, including state and local governments. A qualified individual with disabilities is any employee or applicant who can perform the essential functions of the job in question.

Ventura county’s act of not hiring the woman merely because she was deaf defeats the whole purpose of ADA. The woman was clearly qualified, with 10 years of performing the same job under her belt and there is no other justifiable ground stated for which employment was denied her aside from her condition.

People with disabilities are just as able as normal employees and the failure of the county to hire her on the basis of her deafness is a clear violation of civil rights and the federal law.

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Burbank Police Charged With 6th Racial Discrimination Lawsuit

It’s tragic to think that to this day, a lot of people still judge others based on color and not on character. Racial discrimination, even after all the laws that have been enacted to protect people of diversity, persists to this day. Even a decorated and awarded Asian-American police detective is not spared.

Evidently, not even excellent performance can change the way some people’s minds work or eliminate hate and bigotry. Despite Dunn’s achievements and recognitions such as being awarded the Medal of Valor as a Los Angeles Police Department officer, 1999 Top Cop Award from President Bill Clinton, 2007 Organized Crime Drug Enforcement Task Force Award and the Professional Esteem Award from the Burbank City Council, he was subjected to racial taunts and discouraged from joining the narcotics unit because he was not white.

Police Detective Christopher Lee Dunn filed a civil case against the Burbank Police Department (BPD), alleging racial discrimination and retaliation before being unlawfully fired. Dunn’s lawsuit is seeking civil penalties and compensatory damages.
Dunn alleges that he experienced discouragement, racist jokes and comments, undesirable assignments and harassment despite his promotion as well as having more narcotics seizures than any other Burbank officer.

A case in 2007 against him was filed but later on recanted. Nevertheless, Dunn was first transferred to another unit and then placed on paid administrative leave. He was later on fired on charges that he interfered with the investigation and for insubordination.

Dunn is the sixth officer to come forward about the BPD’s treatment, just last May, five Burbank police officers also sued the department for allowing a work environment where discrimination and sexual harassment is rampant.

The six officers who complained that slurs about race, ethnicity and sexual preferences were constantly directed at them, their colleagues, suspects and the public at large. One female officer was also reportedly threatened with anal sex as punishment.

What’s more repulsive and disturbing about the entire lawsuit filed is the fact that police officers are supposed to serve and protect – but how can they truly serve and protect if they see color and not people?

One of the laws these police officers have been sworn to uphold is Title VII of the Civil Rights Act of 1964. This law protects individuals against employment discrimination on the bases of race and color, as well as national origin, sex, and religion.

Title VII prohibits not only intentional discrimination, but also practices that have the effect of discriminating against individuals because of their race, color, national origin, religion, or sex.

Despite being law enforcers, police officers are not the law. And they should do their best to uphold and respect the law especially when it comes to treating everybody, regardless of race, creed or color, the respect and dignity that they deserve.

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Discrimination and Harassment Claims

Not all employment discrimination or harassment claims have their merits. These cases must be well supported by sufficient and credible evidences to flourish and subsequently succeed in court.
The plaintiffs must see to it that their allegations are valid and that they were able to document the violations of their employers to have better chances of winning their lawsuits. It will also be helpful if they managed to find some witnesses to testify on their behalf. Otherwise, their cases may just put them in a much problematic situation.
In a recent decision on a racial discrimination and retaliation appeal filed by an employee, the California Court of Appeal 4^th Appellate District Div. Two has affirmed the court’s decision. The verdict ordered the plaintiff to pay for the fees of his employer’s attorney amounting to more that $40,000. Such verdict of the appellate court was due to the plaintiff’s filing of a frivolous case.
The plaintiff is employed in the City of Colton’s wastewater division. He filed a complaint after allegedly been demoted following a workforce reduction. He is contested that his demotion is due to his race.
After all the matters related to the case have been discussed and argued in the trial, the court found out and agreed that the job demotion of the plaintiff is on a legal basis. This includes his prior accusations.
In the decision, the appellate court quoted that budget deficit has been the primary cause of the reduction of the workforce and not any form of discriminatory practices.
Now, this particular case may implicate the intricacy of the law in relation to employment discrimination and harassment claims. Due to the plaintiff’s insufficient legal background and understanding of the consequences of filing a frivolous case, he is now to face a more serious problem of paying amounts.
The lesson; appointing a credible and highly experienced employment lawyer is necessary in any labor case. A legal advocate, expert in handling this particular type of case will prevent you from further pursuing a case without being properly documented and planned.

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Discrimination and Harassment Claims

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Understand the Law to Understand Your Rights

Discrimination is a universal issue. No place on earth is free from the prejudice of other people who look down on others and treat them differently because of their certain characteristic.
Some might think that discrimination no longer exists in a more neutral and fair society we live in today. Some might think that discrimination belongs to history – before the time laws on prejudice and bias are promulgated and recognized by humanity. Unfortunately, there are things that do not remain in the past; lives on in the present and could likely continue on into the future.
Even in the parts of the world where we expect that discrimination would be less rampant due to its commonality, we might find ourselves disappointed when we discover that even people in these areas continue to discriminate individuals of a different color, race, religion, age, gender, or sexual orientation, or individuals who are disabled or pregnant.
One of the most common discrimination that is evident in our society is employment discrimination. In fact, the office of Equal Employment Opportunity Commission is often hurled with a multitude of discrimination cases filed by workers from the county of Los Angeles.
Discrimination in the workplace arises too often because many workers are not familiar with their rights. There are numerous employees who do not understand, or are not even aware of the employment laws which protect them from unfair and unlawful treatment in their workplace.
It would be beneficial for workers to learn and recognize their rights. Perhaps reading more on matters of employment laws will help them. One material I read entitled, “Understanding Employment Discrimination Law” provides an overview on such issue.
Understanding these laws will help you recognize when and how your employer is in violation of these policies and your rights as well. Such instances where you find yourself being discriminated by your employer, you can turn to lawyers for their legal services. They can certainly help you figure out the best way to proceed and how you can obtain justice from such unaccepted and inexcusable conduct.

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California Employment Law, a Formidable Employees’ Defense

Speaking of legal issues that arise in our society, it can be said that one of the most challenging case to handle is regarding labor disputes. It seems that we lawyers are being pushed between two big boulders of rocks. Yet, these experiences make us more determined in advocating the cause of those employees who have been deprived of their rights stated under the California Employment Law.


The law is separated in five major divisions that tackle different areas:


• Division 1 – Department of Industrial Relations
• Division 2 – Employment Regulation and Supervision
• Division 3 – Employment Relations
• Division 4 – Workers’ Compensation and Insurance
• Division 4.5 - Workers’ Compensation and Insurance: State Employees Not Otherwise Covered


All of these divisions deal with different aspects of employment – ranging from the rights and privileges of the employees to the legal remedies that correspond to certain law violation. In short, the California Employment Law guarantees that all workers are given fair treatment and due benefits for bestowing their services in their respective employers.


Precisely, because of the fact that the California Labor Law has able to detail numerous rights and privileges of the workers, it is not amusing that considerable a number of cases are being filed by the aggrieved employees. This is due to various instances of employment discrimination and violation of the Labor Code.


Now, to tell you the truth, several companies engage in illegal employment practices for various reasons:


• to lessen their company’s operational cost
• to hinder their workers from establishing or joining a labor association
• to compel their workers to increase their production without giving benefits
• to threaten their workers from revealing their company’s illegal operational procedures such as tax evasion and malpractice


As employees, you must be sure that your employers are following the provisions of the Labor Code. Report any illegal dealings of your employer not just, because you are directly affected by these violations but also because it is your obligation to your fellow workers and to the country. Be not afraid, you can always rely on employment lawyers to protect you from employer retributions.

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The Labor in Labor

The greatest gift a person could ever receive is the gift of life. In whatever aspect it may be, it is always viewed as a blessing to the person to whom it has been bestowed. Yet for a working individual, it may pose certain risks to the extent of affecting even her employment. The workplace has been a breeding ground to so many forms of employment discrimination. Pregnancy discrimination particularly has been a growing concern in the labor force.
Notwithstanding, favourable laws protecting both the mother and the life it bears, still employers have their uncanny way of creating this condition as a way of discriminating the poor employee. The Pregnancy Disability Leave confers to the employee 88 paid leaves covering the period of birth and ample time for the rearing of the new born child. The predicament that usually comes about is that when the employee returns for work, she is placed in a position that is way below the designation she was in before the leave was taken.

The employer uses her pregnancy in the guise that she is not competent, physically and emotionally to deal with the rigors of her former position. This claim is devoid of merit, as like any other employee the pregnant employee’s position must be left open in much the same way as other positions are held open for other employees on leave. Hence, upon the expiration of the pregnancy leave, the employee must be reinstated to her original position.

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The Labor in Labor

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