Legal Update: Exposing Employer Misconduct in Disability Discrimination Cases

At Chami Law, we’ve seen firsthand how difficult it can be for employees to speak out about harassment or wrongdoing in the workplace. Taking action can feel daunting, especially when you fear retaliation or being labeled a “problem employee.” However, it’s crucial to protect yourself and ensure your concerns are addressed properly. Here’s what we recommend to anyone experiencing harassment or unfair treatment at work: The first thing we tell all our clients—and we emphasize this to anyone who comes to us with a workplace complaint—is to make sure they complain. That they are expressing their concerns to the right people, like human resources or their manager in writing. Ideally, this should be done via email or another method that creates a timestamped record. Clearly state what is happening, why you believe it’s wrong, and that you want it to stop. Unfortunately, the problem is that a lot of people hesitate to document their concerns because they don’t want to “rock the boat” or be considered the “problem employee,” who’s unwanted in the workplace. But the truth is, failing to speak up can weaken your case if things escalate later. A lot times we see situations where an employee lets the behavior continue unchecked, and when they finally do complain—sometimes after receiving a write-up or other disciplinary action—the employer tries to claim the complaint is retaliatory or dishonest. So, it’s best for someone if they can and feel strongly enough about it to document their concerns early and to the right people to protect them from these kinds of tactics. Now, let’s say you do take this step: you send a written complaint to HR or your manager, and their response is dismissive—something like, “There’s no evidence this happened.” What’s next? At this point, it’s time to get a lawyer involved. You’ve already put the company on notice about your concerns, documented the actions you’ve experienced, and provided details about when they occurred. If the company still refuses to take action, it’s important to reach out to a competent attorney for assistance. As you move forward, keep a close eye on how your work environment changes. Are they reducing your hours, criticizing your work more often, or giving you undesirable assignments? Have they demoted, suspended, or otherwise retaliated against you? If you notice any of these adverse actions, it’s likely the company is not following the law, and that’s where we come in. We’ll step in, send them a formal letter, file administrative complaints, and hold them accountable. Our goal is to make it clear where they’ve broken the law and push for justice. If the situation escalates to the point where you’re terminated, we can take further action to ensure you’re compensated for the harm you’ve suffered. Standing up to harassment or unfair treatment is never easy, but with the right documentation and support, you can protect yourself and hold employers accountable for their actions. At Chami Law, we’re here to help you every step of the way.

One of the most significant cases we have been working on at Chami Law is a sexual harassment case, where an employee had complained against her coworker, who had a history of sexually harassing several women at the workplace. He was a well-known gang member who had served ten years in prison for three felony charges. The employer, a publicly traded firm with a market capitalization of billions of dollars, did nothing in response to the concerns. The harassment continued, and when the employee spoke up again, the company disregarded her concerns claiming there was no evidence to support her complaints. Unfortunately, she made a mistake on the job—she slipped, fell, and got hurt due to her own mistake—and they used that as an excuse to fire her as it was “unsafe work behavior”. Meanwhile, the harasser, despite his history and multiple complaints about him, was being promoted. This case is one that we at Chami Law are dedicating significant time and energy to because of the blatant injustice that has been occurring. The company has clearly protected the harasser while ignoring the valid complaints of multiple women. It’s a stark example of how some companies turn a blind eye to harassment, enabling perpetrators instead of protecting victims. Sexual harassment cases like this are another key area that we focus on here at Chami Law, because they offer an opportunity to make a real difference. The #MeToo movement brought a lot of attention to these issues, and while some things have changed since the Harvey Weinstein scandal, many harmful practices persist. The real issue isn’t just the harassers themselves—they’re certainly at fault—but the companies that fail to meet their legal and moral obligations. Employers are required by law to investigate, take remedial action, and ensure harassment doesn’t continue. When they fail to do this, they become complicit. This is the mistake that a lot of people are making today, ignoring their responsibility to take action against these ongoing issues. These are the kinds of cases we prioritize, where harassment is evident, and the employer’s negligence exacerbates the harm. We work hard to achieve justice for our clients and ensure companies are held accountable for their failures.

For decades, American workplace culture has fostered a rigid environment, one where relentless work hours, sacrifice, and dedication often came at the expense of personal life. Now, however, with laws like the Family and Medical Leave Act (FMLA) gaining traction, we’re witnessing a slow but steady cultural shift. This transition has sparked discussions around leave policies, including maternity and paternity bonding time, and the importance of allowing workers—men included—to prioritize family and well-being. We at Chami Law witness both the progress and the hurdles firsthand. While some companies are embracing these changes, others continue to hold onto outdated policies that can end in harmful consequences for employees. In a recent case, we represented a male employee who took baby bonding leave for his first child. Upon his return to work, however, he was immediately terminated. The case ultimately came down to him informing his boss that his wife was about to have their baby and that he wanted to take bonding leave, which he believed was his legal right—even as a dad. His boss replied with skepticism, implying that while he could take baby bonding leave, it wasn’t part of the company’s culture. The boss added, you can take it, but it’s a little odd for a male to want baby bonding leave. In the end, he took the bonding leave and faced the consequences, ultimately securing a significant settlement as a result. Despite the legal right to take this leave, the company’s culture was clearly far from supportive. His termination served as a stark reminder that some workplaces remain rigid, even dismissive of family leave, especially for fathers. His case serves as an important step toward change, both in terms of corporate policies and societal views on family leave. Change takes time, and while our culture is evolving, it requires cases like his and the outcomes from those cases to create that change. At Chami Law, one of the primary reasons we advocate for employment laws is the positive change they can bring to our society. The beauty of employment law lies in its ability to create change on a case-by-case basis, weaving individual stories into the broader narrative of justice and societal values. Laws exist to uphold these ideals, ensuring workers are treated fairly and are not penalized for family obligations, age, or simply exercising their rights. At Chami Law, we believe that every case, every story, has the power to transform workplace culture and help align company policies with the fundamental rights of workers.

Pregnancy discrimination remains a pervasive issue, despite legal protections designed to support employees during significant life events. A closer look at a real-world case offers insight into the challenges pregnant employees face and the shifts needed in workplace culture to create genuinely inclusive environments. At Chami Law, we have firsthand experience with pregnancy discrimination cases and have seen the profound toll they can take on entire families. One case that stands out involved a well-known freight and transportation company, where we represented a phenomenal client. She excelled in her role, earning several promotions throughout her career. However, after informing her bosses that she was pregnant and would need a leave of absence to prepare for her baby’s arrival, her experience at work took a sudden downturn. She began receiving write-ups, was told she was working too slowly, and was criticized for mistakes she hadn’t made. Then just two weeks before she’s ready to take her leave, she’s terminated. Ultimately, we got her a significant settlement holding the company accountable for its discriminatory actions. In cases like these, a lot of times we will see that employers just don’t want to deal with accommodating people with either disabilities, pregnancy or maternity leave. More importantly, allowing them to come back to work after they’ve completed their pregnancy leave. Another case we encountered involved a client who was allowed to take pregnancy leave and was on maternity leave for some time, unaware of what awaited her upon her return to work. When she was ready to return, the company was willing to take her back. However, instead of reinstating her as a supervisor, they placed her in a lower role as an assistant supervisor, effectively changing her position and responsibilities. Her pay was the same, but she was slowly being weeded out, and eventually they had no more hours for her, and she was let go. There are lots of ways that employers will find cause in their view of terminating someone or making them feel so uncomfortable that they will want to quit themselves. At Chami Law, we look for that when we are analyzing or evaluating a case. We determine what has happened since you informed your employer that you were injured, pregnant, or needed time off. We look for any changes in your work situation or treatment that may indicate discrimination. Then we will evaluate if these changes are actionable under the law and if they are material adverse employment actions that we can actually prosecute and win money for our client. Once we make that determination and decide this is a righteous case, we will go all in for our clients. We remain committed until we secure fair value, and if necessary, we’ll take the case all the way to trial, doing our best to win. At Chami Law, we believe that every employee deserves a workplace that respects their rights, especially during life’s pivotal moments. Pregnancy discrimination not only impacts individuals but also the families that depend on them. Through our commitment to justice, we stand with those affected, fighting for fair treatment and a workplace culture that values inclusivity and respect. 

Age discrimination remains a deeply impactful issue for older employees, who often face prejudice despite years of loyal service. At Chami Law, we’re committed to seeking justice for individuals facing discrimination, and one particular case exemplifies the challenges and triumphs in this area. In a case we took all the way to trial, we won the third-largest age discrimination verdict in California for that year—a powerful win for both our client and the fight against workplace discrimination. Our client, a dedicated employee of a medical office, had devoted 29 years to her job, earning around $18 to $19 per hour. After experiencing the early loss of her husband and son, her job became her life. At 73 years old, she had no plans to retire, but due to unfortunate circumstances, she tore her Achilles and had to go on medical leave. During the time she was on medical leave, the medical practice was sold to another principal office who intended to modernize with a younger, tech-savvy staff. When she returned, she quickly noticed that her position and respect within the team had shifted. Her supervisors relegated her to a back-office role and began labeling her as “too slow,” criticizing her learning speed compared to younger employees. During her absence, she was replaced with a 28-year-old employee, and she found herself effectively replaced. Despite her commitment and years of experience, management soon accused her—falsely—of trying to steal clients for another medical practice. Ultimately these unfounded allegations resulted in her termination. Convinced that she had been targeted due to her age and disability leave, she sought our help at Chami Law. Together, we presented a strong case that argued her termination was both an act of age discrimination and retaliation for taking medical leave. Unfortunately, the employer refused to see the light and never agreed to any offer or fair number to resolve her case.