What follows is a quick and dirty overview of some of the types of employment claims we handle.  This is not legal advice and should not be taken as such.  The best way for you to understand these types of claims is to educate yourself!  Go to the EEOC (Equal Employment Opportunity Commission), the NERC (Nevada Equal Rights Commission), or the DEFH (California Department of Employment and Fair Housing) website and read about your type of claim.  When you speak then with your employer or a prospective lawyer, you'll be able to articulate your claims and understand your rights.

Wrongful Termination

"Wrongful Termination" is a term that generally refers to a person being fired when that person believes s/he shouldn't have been fired.  It is overused in that many people believe they were "wrongfully terminated," but actually have no basis to bring a claim.

In California and Nevada and in most other states, employment is "at will."  (In Nevada we call it a "right to work" state).  This means that the employer can fire the employee for no reason or any reason and likewise the employee can quit at any time for any reason.  The three exceptions to this general rule are (1) if an employee has a contract (even an "implied" contract) s/he may not be terminated in violation of the terms of the contract; (2) an employee can never be fired for discriminatory (or retaliation for supporting a charge of discrimination or illegal harassment) reasons; and, (3) members of a union work under the terms of a collective agreement between the union and the company which may limit or restrict a company's ability to terminate (or discipline).

What follows is a brief discussion of some of the prohibited grounds for termination and wrongfully treating an employee.

Job Discrimination

In order to be actionable discrimination the employer must discriminate on the basis of a "protected class." These categories include age, race, sex, pregnancy, nationality, religion and related categories. California’s Fair Employment and Housing Act also protects against sexual orientation discrimination. Although the legislature in Nevada has proposed banning sexual orientation discrimination, it is not illegal in Nevada.

Proving discrimination in the workplace is more or less the same whether the discrimination is on the basis of age, race, sex, religion, national origin, or anything else that is illegal. First, the employee shows that: s/he is a member of a "protected class", and s/he suffered an "adverse employment action"

Everyone is a member of at least one protected class or category, because sex or gender is a protected class or category. The specific categories which are protected are spelled out in particular laws, or statutes. Because gender, or sex, is one protected category, everyone is protected by at least one category. Many people fall into more than one protected category.  The employer must then show that there was a legitimate reason for the adverse employment action. The employee then has the chance to show that the employer's reason for the firing was not the legitimate reason that the employer says it was. The employee is trying to show that the employer's reason for the firing is "pretext".

There are two types of race and sex discrimination: "disparate treatment" and "disparate impact".

"Disparate treatment" is straightforward discrimination. Simply put, it is treating a person differently because of a protected class, like sex or race.Disparate Impact Discrimination is more complicated. "Disparate Impact" is where some type of company policy excluded a certain individual or individuals from the job or from promotions.

Disability Discrimination

The Federal Americans With Disabilities Act (ADA) is the Federal Law that makes it illegal for employers to discriminate on the basis of a disability.  It makes it illegal for an employer to discriminate against a qualified individual with a disability in job application procedures; the hiring, advancement, or discharge of employees; employee compensation; job training; or other terms, conditions, and privileges of employment, because of the individual's disability.

California protects disabled workers with the Fair Employment and Housing Act (FEHA). While the Americans with Disabilities Act is similar in protection to the Fair Employment and Housing Act, FEHA is more protective of employees in several important aspects.

First, under the ADA, an individual is disabled if substantially limited in a major life activity. Under California's FEHA, however, an individual is disabled if limited in a major life activity. Second, under the ADA, 'work' is not necessarily a major life activity. Under FEHA, work is always a major life activity, even if the disability only limits your ability to do one particular job. Again, FEHA provides greater protection to those with disabilities. The inability to perform one job due to a disability is sufficient to prove a limitation in a major life activity.

For the employee to be eligible to make a claim of disability discrimination under the ADA or FEHA, he must be a "qualified individual with a disability." It is also unlawful to discriminate against a person who is perceived to have a disability. If the employee is not disabled, but the employer believes he is, and discriminated against him, that is also illegal.

Reasonable Accommodation is the idea that even if a person is disabled, and even if that disability may make it seem like he or she can't do a job, the employer must consider whether or not a "reasonable accommodation" can be made. A "reasonable accommodation" is when the employer modifies the job duties, provides some extra help, or takes some other measure to ensure that the person can still be able to do the job.

Employees have to ask for reasonable accommodations. Once they do, the employer has the right to consider the requests, and make counter-offers that the employer might see as more reasonable. If the employer and employee can't agree, then the employee might want to consider bringing suit. However, to win, the judge or jury will have to find that the employee's request was reasonable, or that the employer's counter-offers were not sufficient.

Sexual Orientation Discrimination

It is illegal in California for an employer to discriminate against an employee because of that employee's sexual orientation or perceived sexual orientation.  (The employee must make a complaint to the California Labor Commission no more than 30 days after he or she is discriminated against.  Only after the Labor Commission has processed the claim may the employee sue in court).  There are no federal laws prohibiting this type of discrimination and although the Nevada legislature is considering the issue, Governor Gibbons has said he would veto the law if presented to him.  This means that in Nevada, sexual orientation claims can not be brought.

Hostile Workplace Environment

Hostile environment sexual harassment in the workplace is a situation in which the employer, supervisor, or co-worker does or says things that make the victim feel uncomfortable because of his or her sex. Hostile environment sexual harassment in the workplace does not need to include a demand for an exchange of sex for a job benefit. It is the creation of an "uncomfortable environment."  The conduct must be "offensive."

Victims of discrimination or harassment in the workplace can recover for their lost wages, future lost wages, emotional distress, punitive damages, and attorneys fees.

The following represent some of the cases we have won at trial or obtained settlements for breaches of contract and for victims of discrimination or harassment in the workplace.


Peterson v. Bowne, Inc. $3,500,000 Jury Verdict