The Law Office of David P. Strauss The Law Office of David P. Strauss 2026-07-17T20:29:05Z https://www.employmentlawyersandiego.com/feed/atom/ WordPress /wp-content/uploads/sites/1503341/2020/09/cropped-favicon-ds-32x32.png by The Law Office of David P. Strauss <![CDATA[Is workplace favoritism illegal in California?]]> https://www.employmentlawyersandiego.com/?p=48079 2026-07-17T20:29:05Z 2026-07-17T20:29:05Z What workplace favoritism looks like and when it is lawful Workplace favoritism occurs when some employees receive better opportunities, support or recognition than others. Employers may make decisions based on performance, skills, experience or business needs. However, unfair patterns can affect promotions, projects and career growth. The key question is whether decisions are based on job-related reasons or personal bias. Employers may favor employees for valid business reasons, such as:
  • Rewarding strong work performance
  • Giving tasks based on skills or experience
  • Promoting employees who show leadership skills
  • Trusting employees with proven reliability
Favoritism may become a legal issue when workplace decisions are linked to discrimination or unfair treatment based on protected traits.

When workplace favoritism crosses the line into illegal discrimination

Favoritism becomes a concern when workplace decisions rely on bias instead of skills, results or business needs. These patterns can limit careers and create legal issues. Favoritism may become unlawful when it involves:
  • Protected traits: Treating employees differently because of race, gender, religion, age, disability, national origin, sexual orientation or other protected traits
  • Unequal chances: Repeatedly giving better roles, schedules or promotions to certain groups
  • Missed opportunities: Overlooking qualified employees because of unfair bias
  • Personal ties: Favoring friends or romantic partners in ways that affect fair treatment of others
  • Illegal conduct: Creating patterns linked to discrimination, harassment or retaliation
When favoritism affects workplace rights, an employment attorney can review the situation and explain possible legal options.

Protecting workplace rights when favoritism causes harm

Favoritism can become a serious issue when it affects job growth, creates unfair treatment or happens after a workplace complaint. Issues to be aware of include:
  • Notice workplace harm: Repeated favoritism can hurt trust, lower morale and make employees feel left out. If it involves discrimination or harassment, it may create a hostile work environment.
  • Watch for retaliation: Unfair changes after a complaint, such as losing duties, being left out of meetings, receiving poor reviews or missing opportunities, may signal retaliation.
  • Keep clear records: Emails, reviews, work assignments, promotion details and witness accounts can help show unfair patterns.
An employment law attorney can review the situation and explain whether favoritism may involve discrimination, retaliation or other illegal actions.

Next steps if you suspect discrimination

Workplace opportunities should be earned, not handed out through favoritism. When unfair treatment starts to affect career growth, pay or daily responsibilities, keeping a written record of what's happened can make it easier to evaluate whether the situation crosses into discrimination or retaliation and whether legal action may be worth pursuing.]]> On Behalf of The Law Office of David P. Strauss <![CDATA[Can you request to work from home as a disability accommodation?]]> https://www.employmentlawyersandiego.com/?p=48077 2026-07-02T15:48:18Z 2026-07-16T15:43:34Z What employers consider Employers must consider accommodation requests from qualified employees with disabilities. Whether remote work is appropriate depends on your job duties and your employer's business needs. When evaluating your request, your employer may consider factors such as:
  • Your ability to perform the essential functions of your position while working remotely
  • The effect remote work would have on normal business operations
  • The success of remote work in the same or a similar role
  • The availability of another accommodation if remote work is not practical
  • Your participation in the interactive process with your employer
Your employer should review your request based on your situation instead of relying on a policy that requires everyone to work in the office.

When an employer can deny remote work

Not every request to work remotely will qualify as a reasonable accommodation. Your employer may deny the request if working from home would prevent you from performing the essential functions of your position or create an undue hardship for the business. A denial does not automatically mean your employer acted unlawfully. Whether the decision complies with the law will depend on the facts surrounding your position and the reasons for denying the request.

When employer response raises concerns

Not every employer handles accommodation requests the way the law requires. Some rely on blanket return-to-office policies instead of reviewing each request based on the employee's position and circumstances. Others end the discussion before considering whether another accommodation would allow the employee to continue performing the job. An employer's response may also raise concerns if the employer refuses to discuss possible accommodations with you or treats you differently after you request one. While these actions do not automatically amount to discrimination, they may signal that your request was not handled appropriately.

What this means for you

A request to work from home will not always result in an approved accommodation. However, the decision itself is only part of the process. How your employer handles the request can be just as important. A careful review of your request, a willingness to discuss possible accommodations and consistent treatment throughout the process can all reflect whether your employer is meeting its legal obligations. Looking at the full response, not just whether the answer is yes or no, can help you better recognize when an accommodation request may not have been handled appropriately.]]> On Behalf of The Law Office of David P. Strauss <![CDATA[4 things your employer should do after a sexual harassment report]]> https://www.employmentlawyersandiego.com/?p=48078 2026-07-14T07:57:28Z 2026-07-14T07:57:28Z Start an investigation right away California law requires employers to conduct a thorough inquiry into every harassment complaint. This process involves gathering facts, interviewing witnesses and reviewing any evidence related to the incident. The inquiry must be fair to all parties involved and completed promptly. Under the Fair Employment and Housing Act (FEHA), employers have a legal duty to prevent and correct harassing behavior in the workplace. Employers who ignore complaints or delay the process can put workers at continued risk.

Put protective measures in place

While the investigation is ongoing, employers need to take steps to protect the person who filed the report. This might include separating the involved parties, adjusting work schedules or reassigning duties. These measures help prevent retaliation and ensure a safe work environment during the investigation process. State law protects employees who report violations from retaliation. Employers must ensure temporary measures do not unfairly affect the reporting employee. For example, they should not reassign the employee who made the complaint to a less desirable position or shift.

Keep communication clear

While some details must remain confidential, regular updates show that the complaint is being taken seriously. While practices vary, employers often explain the process, provide a realistic timeline and notify the employee when the investigation is complete. Being left in the dark about the status of a harassment complaint can feel isolating. When employers maintain open lines of communication, it shows respect for the person who came forward.

Take action based on the findings

California law requires employers to take immediate corrective action to stop the harassment and prevent it from recurring. This could range from training and warnings to suspension or termination, depending on the severity. Even if the investigation is inconclusive, employers should take steps to prevent future incidents. This might include policy updates or additional monitoring. State law generally requires employers to take appropriate steps to address the situation and reduce the risk of future incidents.

Protecting your rights in the workplace

Speaking up about sexual harassment is one of the hardest things a person can do in the workplace. Knowing what the law requires of employers can help workers recognize violations of their rights. No one should have to choose between their job and their dignity. Understanding your rights is the first step toward protecting them.]]> On Behalf of The Law Office of David P. Strauss <![CDATA[How to deal with racial discrimination in the workplace]]> https://www.employmentlawyersandiego.com/?p=48076 2026-07-02T15:35:15Z 2026-07-02T15:35:15Z Keep detailed records Write down each incident as soon as possible. Include the date, time, location, what happened and who saw it. Save emails, text messages and performance reviews in a secure place outside your employer’s system. Those details can make it easier to show a pattern of conduct over time.

Use your employer’s complaint process

Submit a written complaint to human resources or another reporting channel. Keep copies of your report and every response. Those records can help show when the company learned about your concerns.

Watch for retaliation

Federal and state law generally bars employers from punishing workers who report unlawful conduct. If your employer cuts your hours, changes your duties or demotes you after your report, document those events right away.

Consider filing an administrative complaint

Taking your concerns to a state agency may be appropriate in some circumstances. In California, the Fair Employment and Housing Act (FEHA) protects employees from race-based discrimination and harassment. The California Civil Rights Department accepts employment complaints. Workers generally have three years from the last discriminatory act to begin that process. Additionally, you can request an immediate right-to-sue notice if you want to go directly to court instead of completing an agency investigation. Depending on the circumstances, you may also file with the U.S. Equal Employment Opportunity Commission.

Speak with an employment attorney

Legal guidance can help explain which laws apply to your circumstances. It can also clarify possible remedies and what to expect throughout the process.

Why your response can make a difference

Every claim depends on specific details. For example, repeated racial remarks, unequal discipline or denied promotions because of race can each require different evidence and legal analysis. For that reason, the choices you make early often matter. A careful response can help preserve a clearer record of what happened and make it easier to understand the process if the issue continues.]]> On Behalf of The Law Office of David P. Strauss <![CDATA[Can managers sue for retaliatory wrongful termination in San Diego?]]> https://www.employmentlawyersandiego.com/?p=48073 2026-06-26T07:55:51Z 2026-06-26T07:55:51Z Managers have the same legal protections as other employees A management title does not remove legal protections. Managers may still have legal rights when they report unlawful conduct or support employees who raise concerns. Protected activities may include:
  • Reporting discrimination or harassment
  • Taking part in a workplace investigation
  • Supporting employees who raise concerns
  • Refusing to follow illegal instructions
  • Speaking up about unlawful conduct
Many of these rights fall under California's Fair Employment and Housing Act (FEHA).

What evidence may support a retaliation claim?

Retaliation cases often depend on evidence, such as:
  • Emails or text messages about the reported misconduct
  • Performance reviews that changed after a complaint was made
  • Witness statements from coworkers or supervisors
  • A short period of time between the complaint and the termination
  • Records showing different treatment after a protected activity
Arguments made by your attorney must align with the available evidence and present a clear timeline of events in a wrongful termination case.

Looking beyond the employer's explanation

An employer's stated reason for a termination is not always the full story. Companies may point to performance issues, restructuring or business needs when explaining why a manager lost their job. Comparing those explanations against the timeline of events and the available records may reveal whether retaliation played a role.]]> On Behalf of The Law Office of David P. Strauss <![CDATA[How to spot post-pregnancy discrimination at work]]> https://www.employmentlawyersandiego.com/?p=48072 2026-06-11T13:49:23Z 2026-06-11T13:41:21Z Common signs of maternity discrimination It is not uncommon for some employers to make assumptions about a new mother’s availability, commitment or workplace responsibilities after returning from leave. Discriminatory employers might use different tactics to mistreat or terminate female employees after their pregnancy. Signs of post-pregnancy workplace discrimination and retaliation could include:
  • Being passed over for a promotion: An employee who consistently met expectations is overlooked for a promotion after returning from maternity leave, while less qualified colleagues receive that opportunity.
  • Removing an employee from important projects: Reassigning major projects, clients or leadership opportunities to other colleagues without consulting the affected employee.
  • Exclusion from meetings: Being left out of strategic discussions, meetings, training opportunities or networking events that were previously attended by the employee.
  • Demotion: An employer reducing the new mother’s duties or authority after pregnancy leave, in the guise of helping them balance work and family responsibilities.
  • Poor performance reviews: A new mother with a good performance record starts getting unexplained criticism, negative evaluations and vague allegations of poor performance.
A piece of negative feedback or a stressful shift in the office can sometimes be just a coincidence. If you suspect unfair treatment after returning from pregnancy leave, keeping detailed records of workplace events might help you understand the situation and protect your rights.

Protect your career

Being a victim of pregnancy discrimination at the workplace can be an oppressive and stressful experience. But no employee has to navigate through these challenges alone. If you are experiencing unfair treatment, seeking legal guidance early could help you understand your rights and hold employers accountable.]]> by The Law Office of David P. Strauss <![CDATA[Why documentation matters in LGBTQ+ workplace harassment cases ]]> https://www.employmentlawyersandiego.com/?p=48069 2026-06-04T05:42:19Z 2026-06-04T05:42:19Z What evidence can strengthen an LGBTQ+ harassment claim? Employees who face harassment based on sexual orientation or gender identity should collect clear records to show what happened. Helpful evidence may include:
  • Incident timeline: A clear timeline of events may help track key facts such as dates, times, locations, the people involved and the witnesses present during the offensive conduct.
  • Specific statements or comments: Exact words from the incident carry more weight than general notes. Direct quotes can show the severity and nature of the behavior.
  • Electronic communications: Save all relevant emails, text messages and other digital records related to harassment while following company confidentiality rules.
  • Witness information: Coworkers who witnessed the incidents may help confirm what happened.
  • Evidence of retaliation: Retaliation may happen after a complaint. This may include reduced hours, schedule changes, demotions, exclusion from meetings, loss of duties or negative performance reviews after reporting the issue.

Legal protections for LGBTQ+ employees under California law

The California Fair Employment and Housing Act (FEHA) bans discrimination in all job decisions based on sexual orientation, gender identity and gender expression. It also protects workers from retaliation when they report misconduct or join workplace investigations. Employers are required to take reasonable steps to prevent harassment and discrimination at work. They must also act quickly when they learn about any workplace concerns. If employers fail to handle these issues properly, they can face legal consequences under California law.

Why evidence matters

Harassment claims depend on clear evidence. Strong records such as written notes, saved emails, messages and witness details can help support claims of workplace discrimination. Clear and organized documentation also makes it easier to present facts during internal reviews and legal proceedings under California law. Legal guidance from a lawyer may help employees understand how documentation can support a claim and how workplace rights apply in each situation.]]> On Behalf of The Law Office of David P. Strauss <![CDATA[Can workplace “jokes” become illegal harassment?]]> https://www.employmentlawyersandiego.com/?p=48066 2026-05-25T10:48:43Z 2026-05-25T10:48:43Z A joke at work can feel harmless to the person saying it and humiliating to the person forced to hear it. In San Diego restaurants, hotels, offices and sales teams, comments about someone’s body, race, pregnancy, disability or sexual orientation can quickly turn a job into a place that feels hostile. Not every rude comment creates a legal claim. Still, calling something “just a joke” does not automatically protect an employer, manager or coworker from responsibility.

When jokes cross the line

Workplace harassment usually becomes a legal issue when the conduct targets a protected characteristic. In California, those protected characteristics include sex, gender, pregnancy, race, disability, sexual orientation, gender identity, religion, age and several other categories. The California Civil Rights Department says the Fair Employment and Housing Act (FEHA) prohibits harassment based on protected categories in the workplace. That can include insults, slurs, sexual comments, mocking, repeated “jokes” or other conduct tied to who someone is. A single awkward comment may not be enough on its own. A pattern of comments, though, can create a hostile work environment. One severe incident may also matter, depending on what happened, who was involved and how it affected the workplace.

Why “everyone laughed” is not the point

Harassment does not become acceptable because other people laughed. A gay employee may smile through slurs because speaking up feels risky. A pregnant employee may laugh off comments about her body because her manager controls her schedule. A hotel supervisor may ignore racist jokes because complaining could affect a promotion. In higher-paying roles, the pressure can feel even heavier. A sales manager, restaurant manager or executive may worry that reporting harassment will damage their reputation, cost them commissions or push them out of a leadership track. That fear is real. It is also why documentation matters.

What employees should do before quitting

Quitting may feel like the only way to escape, especially when the jokes keep happening in meetings, group chats or after-work events. Before resigning, it is often safer to pause and get advice. A written complaint can matter. The complaint should clearly describe the conduct, who was involved, when it happened and why it relates to a protected characteristic. For example, saying “my boss keeps making jokes about my pregnancy and cutting me out of client meetings” is clearer than saying “my boss is being unfair.” Employees dealing with discrimination at work may also want to save relevant emails, texts, screenshots, performance reviews and witness names. Keep records in a lawful, careful way. Do not secretly take confidential company information or record conversations without understanding California law.

Why texts and social media can hurt a claim

After a complaint, assume the employer may look for anything that weakens the case. Texts, memes, group chats and social media posts can all become part of the dispute. That does not only mean posts about the harassment. A smiling vacation photo, a joke with coworkers or an angry comment about the company may get used to argue that the harassment was not serious, that the employee acted unprofessionally or that the story changed over time. Remaining inactive on social media platforms during a workplace dispute can mitigate discovery risks. Because private messages are often discoverable in legal proceedings, individuals often refrain from discussing work grievances with coworkers in writing.

Do not dismiss the warning signs

A “joke” can become important evidence when it reveals bias, helps explain a firing or shows why the workplace became unbearable. The full picture matters: who commented, how often it happened, whether managers knew about it and what changed after the employee complained. If the comments target your sex, race, pregnancy, disability, sexual orientation or another protected trait, start treating the situation seriously. Write down what happened, save relevant messages, avoid posting about work online and get advice before quitting. A joke may sound small at the moment, but a repeated pattern of humiliation or retaliation can affect your job, your income and your next move.]]> On Behalf of The Law Office of David P. Strauss <![CDATA[Can one social media post hurt your work claim?]]> https://www.employmentlawyersandiego.com/?p=48065 2026-05-22T13:34:28Z 2026-05-22T13:34:28Z After workplace harassment, discrimination or retaliation, it can feel natural to post something online. You may want support from friends, a place to vent or proof that your employer has not broken your confidence. That reaction is understandable, but it can create problems. If you have made a workplace complaint or plan to bring a claim, your social media activity may become part of the dispute. Even a post unrelated to work can give the other side something to question.

Why posts can become evidence

An employment claim often turns on credibility, timing and the real-world impact of what happened. Your employer may look for anything that challenges your account or suggests that the situation did not affect you as seriously as you claim. That does not mean a smiling photo ruins a case. It does mean the defense may try to use posts, comments, captions, messages or photos to create doubt. A restaurant manager who requested disability accommodation, a hotel employee who reported harassment or a sales manager fired after making a complaint may all face questions about what they posted afterward. California workers can file a workplace complaint involving discrimination, harassment or retaliation, but their conduct after reporting the issue can still matter.

What employers may look for

Social media can create several risks during an employment dispute. Employers and their lawyers may search for posts that appear inconsistent with your claim, your timeline or the damages you describe. That may include:
  • Photos showing travel, parties or social events
  • Comments about your job, supervisor or coworkers
  • Posts about the complaint or investigation
  • Messages that discuss quitting or being fired
  • Jokes that the employer may take out of context
  • LinkedIn updates that conflict with your claimed job loss
Private accounts do not eliminate the risk. Screenshots can come from coworkers, friends or mutual contacts. Deleted posts may also raise questions if a dispute is already active.

Why silence is often safer

Going quiet online may feel extreme, especially if social media is part of your normal routine. Still, a temporary pause can help protect your position while your claim develops. This is especially important for higher-earning employees, managers and professionals. A wrongful termination or discrimination claim may involve lost income, career harm, emotional distress and damage to future job opportunities. One careless post can distract from the underlying misconduct and give the employer a separate basis to pursue its case. Before posting, ask whether someone defending the company could misread or distort the content. If the answer is yes, staying offline is usually the safer choice.

Put complaints in writing before quitting

Social media is only one part of protecting a potential claim. Employees should also be careful about resigning before clearly reporting the problem, preferably in writing.   If you are facing harassment, disability discrimination, pregnancy discrimination, sex discrimination, racial discrimination or retaliation, a written complaint can help show that the employer had notice of the problem. The wording matters. A vague complaint about being treated “unfairly” may make it harder to show that the employer had notice of unlawful conduct. Getting advice before you resign, post or respond to management can help you avoid mistakes that are difficult to repair later. An attorney who handles employment law claims can review the facts, the timing and the language used in your complaint.

Protect the claim before it starts

A strong employment claim can lose focus when social media becomes a side issue. A safer approach is to avoid posting about work, your employer, your emotions or the dispute while the matter remains active. You do not have to disappear from your life to protect your rights. You do, however, need to treat every post as something your employer may see later. A careful pause now can help keep attention where it belongs: on what happened at work.]]> On Behalf of The Law Office of David P. Strauss <![CDATA[Pregnancy at work: Understanding your rights in California]]> https://www.employmentlawyersandiego.com/?p=48064 2026-05-19T10:18:15Z 2026-05-19T08:26:16Z Local laws that protect you Pregnancy, childbirth and related health conditions may be protected at work under California’s Fair Employment and Housing Act (FEHA). If a pregnancy-related circumstance affects your ability to do your job, your employer may need to provide reasonable accommodations so you can work safely and effectively. California also provides a Pregnancy Disability Leave (PDL) of up to four months if pregnancy or childbirth leaves you disabled. These are job-protected leaves and supported by a health care provider.

Common pregnancy accommodations

Your employer must engage in a timely and good-faith interactive process with you when you request workplace modifications for your pregnancy. This includes understanding your work limits and reviewing possible options for effective support measures. Some work adjustments include:
  • Modified or lighter duties
  • More breaks
  • Schedule changes
  • Reduced standing while working
  • Temporary transfer away from hazardous tasks
  • Remote work
Your employer may request supporting medical documents from you to tailor and adjust the accommodations as your condition changes.

What to do if an accommodation is denied

If your employer refuses your pregnancy work adjustment, make sure to get the denial in writing. Additionally, collecting clear medical evidence can show why you needed the changes you requested. You can ask Human Resources to review your request again and take part in the required interactive process. If your employer still says no or retaliates, you may want to file a complaint with the California Civil Rights Department (CRD). Getting legal help can help you understand your options and decide whether to file a claim.

Protecting your family and livelihood

You do not have to navigate pregnancy at work without proper support. It is your right to advocate for your well-being and request necessary adjustments without facing workplace discrimination.]]>