Barrera & AssociatesEl Segundo Employment Attorney | Business Litigation Lawyer Los Angeles2026-10-15T18:48:34Zhttps://www.baattorneys.com/feed/atom/WordPress/wp-content/uploads/sites/1403601/2022/09/cropped-site-identity-32x32.pngOn Behalf of Barrera & Associates, Attorneys<![CDATA[3 ways racial discrimination can be hidden]]>https://www.baattorneys.com/?p=498872026-10-15T18:48:34Z2026-10-15T18:48:34ZRacial discrimination at work doesn't always involve slurs, offensive jokes or openly hostile behavior. Sometimes, it's much harder to recognize. It may show up in who gets promoted, whose opinions are valued or who is quietly excluded from opportunities.
That doesn't make it any less serious. Discrimination based on race, color or national origin is prohibited under federal employment law. However, recognizing when an employer's actions cross the line isn't always easy.
1. Being passed over for opportunities
One of the more common ways discrimination can affect employees is through decisions about hiring, promotions and other career opportunities.For example, you may have excellent performance reviews, years of experience and all the qualifications needed for a promotion. Yet, the position goes to someone with considerably less experience. That doesn't automatically mean discrimination occurred, but it may raise questions, particularly if there's a pattern of similarly qualified employees of certain racial backgrounds being passed over.The same concerns can arise during layoffs. If employees of a particular race or national origin are disproportionately affected, it may be worth examining how those decisions were made.
2. Being excluded or treated differently
Sometimes, discrimination is reflected in how employees are treated on a daily basis. For example, you might notice that:
You're routinely left out of meetings, training sessions or networking opportunities.
Your ideas are dismissed or ignored while similar suggestions from coworkers receive attention.
You're held to stricter performance standards than employees doing comparable work.
You're given less desirable assignments despite having the same qualifications as your coworkers.
Not every instance of unfair treatment is unlawful discrimination. However, repeated differences in treatment may suggest a larger problem, particularly when they appear connected to race or national origin.
3. Comments disguised as compliments
Not all discriminatory remarks are openly insulting. Some are framed as compliments but rely on racial or ethnic stereotypes.For example, an employee might repeatedly hear how surprisingly articulate they are or how impressive their English is, despite having grown up speaking the language. Another might be described as unusually intelligent or professional "for someone from their background."A single awkward comment doesn't necessarily establish unlawful discrimination. However, repeated remarks can contribute to a hostile work environment, particularly when combined with other discriminatory conduct.
What can you do if you suspect discrimination?
Proving workplace discrimination can be challenging, especially when an employer offers a seemingly legitimate explanation for its decisions. Keeping records of questionable comments, inconsistent treatment and employment decisions may help establish a pattern.An employment law attorney can evaluate the circumstances, explain your rights and help you determine whether you have grounds to pursue a discrimination claim.]]>On Behalf of Barrera & Associates, Attorneys<![CDATA[Why does it matter how your employer classifies you?]]>https://www.baattorneys.com/?p=498662026-09-30T17:10:25Z2026-09-30T17:10:25ZYou go to work, and the employer pays the cheque into your account at the end of each week or month. That, as far as many people are concerned, is the basic equation of their job. That’s not to say many don’t also enjoy their work.Yet the wage is just one part of the benefits an employer must provide you with. Time off, sick pay, and the right to overtime are just some of the things they must consider when managing the payroll. Hence, some employers try to reduce their costs by limiting the benefits they are liable for by classifying someone who is really an employee as an independent contractor.
Independent contractors are not entitled to the same benefits
If your employer has misclassified you as an independent contractor, you could lose out on significant benefits. Yet you might not ever notice until you need to use them. For example, you go to the hospital and give them the name of your employer’s health insurer, only for it to come back that you are not actually covered, as you do not figure on the list of employees. Not only can this feel devastating, as you may not be able to otherwise afford the medical treatment you need. But it can leave you feeling cheated. It may be that the health coverage was one of the main perks that attracted you to the job in the first place.Another way you might discover you’ve been misclassified is when you put in your request for vacation only for the HR team to turn around and inform you that you are not entitled to any.Some employers misclassify people intentionally, and some just make a mistake. So it’s worth politely asking for clarification without jumping to conclusions. If you struggle to get a straight answer, or they insist you are a independent contractor when you are sure you are not, it is worth seeking legal guidance to review your options.]]>On Behalf of Barrera & Associates, Attorneys<![CDATA[Workplace sexual harassment could happen online]]>https://www.baattorneys.com/?p=498522026-09-19T13:11:52Z2026-09-19T13:11:52ZWhen workplace sexual harassment occurs, it often takes place in person. The harassment could be physical or verbal, but it is something that transpires between two coworkers who are sharing the same space.
However, in the modern era, online work and remote work are more common than ever. Some coworkers may never share the same physical space or may have an extensive amount of online communication, even if they do work in the same office. It is important for them to remember that sexual harassment can also happen on the internet.
What are some examples?
One example is when inappropriate messages are sent over email or via text. This could include the exchange of pictures or photographs, but it could also simply be text-based, such as disparaging comments made about someone’s gender.The same type of harassment can often happen in group chats. Companies may use software programs like Slack or Microsoft Teams to communicate. Employees may need to make video calls or even use social media. Sexual harassment can happen in all of these areas.One thing to keep in mind is that there are some specific types of harassment that are more common in the digital realm. An example could be using suggestive emojis in text messages or email messages. Artificial intelligence could also be used to create deepfakes or otherwise compromising photographs. Digital technology is always changing, and it is important to know how that can affect online sexual harassment.
What options do you have?
As an employee, you may have experienced sexual harassment, either in person or online. In either of these cases, it is important to understand what legal options you have moving forward.
]]>On Behalf of Barrera & Associates, Attorneys<![CDATA[Age discrimination in California: How to recognize it early]]>https://www.baattorneys.com/?p=498502026-09-18T15:00:29Z2026-09-18T15:00:29ZCommon warning signs of age discrimination in the workplace
Here are some patterns worth paying attention to:
Being passed over for promotions or high-profile assignments despite a strong performance record
Receiving performance reviews that suddenly worsen without a clear explanation
Being excluded from meetings or decisions that previously included you
Hearing language like "culture fit" or "fresh energy" used to describe hiring or restructuring decisions
Younger colleagues being hired at lower wages for substantially similar work
Being encouraged to consider early retirement or made to feel your experience is no longer valued
Facing increased scrutiny compared to younger colleagues doing similar jobs
Any one of these can have an innocent explanation, but a consistent pattern across multiple areas is harder to explain away.
What California law says about age discrimination
Under California's Fair Employment and Housing Act (FEHA), workers 40 and older are protected from age-based discrimination in every aspect of employment, including pay, promotions, job assignments and termination. You do not need to prove that age was the only reason behind an employment decision. As long as it played a meaningful role, California law protects you.
You have three years from the discriminatory act to file a complaint with the California Civil Rights Department, but acting early gives you a better chance of preserving the evidence you need.
Steps to take if you suspect age discrimination before it goes further
Document what you are seeing. Keep a record of specific incidents, including dates, the specific words or actions involved, who was present and how it compares to how your employer treats younger colleagues. Save performance reviews, emails and any communications that reflect a shift in how your employer handles you.
Gathering evidence is the first step, but understanding what it means legally and how to use it is another. Speaking with a California employment attorney while you are still employed gives you a clearer picture of your options and a better chance of preserving what you need if things escalate.
]]>On Behalf of Barrera & Associates, Attorneys<![CDATA[What accommodations may pregnancy require?]]>https://www.baattorneys.com/?p=498322026-09-07T01:03:11Z2026-09-07T01:03:11ZThe physical and mental health changes that often occur during pregnancy can make working more challenging for some women -- but that doesn't erase their right to work if they want to do so, even if they need certain accommodations. California employers with five or more employeesare required by law to make reasonable accommodations for pregnant employees where needed, so long as it does not severely disadvantage the company. Employers can sometimes refuse to grant an accommodation if it causes undue hardship, but the burden of proving the hardship falls on them.
Not every woman will need the same things.
It is important that pregnancy-related accommodations be looked at on an individual basis, as each expectant mother may require slightly different accommodations. Here are some examples of accommodations that are commonly requested during pregnancy:
The ability to sit instead of stand: Pregnancy can cause hypertension, severe low back pain, swollen ankles and feet and an aching belly, among other things. If a pregnant employee can do her job while sitting, that's usually a simple accommodation.
A reduction in hours or location: In some cases, a pregnant employee may need to reduce their working hours, perhaps from full-time work to part-time until after the child is born. Others may request a transfer to a different location or permission to do remote work to accommodate a difficult or high-risk pregnancy.
A modification of tasks: It may be necessary for a pregnant employee to avoid heavy lifting, kneeling, bending and similar tasks, especially in the later part of the pregnancy.
In many cases, a combination of adjustments may be needed. They may also change as the pregnancy progresses.
Standard protections under California law
California law does specify certain things that apply to most pregnant employees — such as up to four months of pregnancy disability leave and a private place to express breast milk along with adequate breaks to allow them to do so. The pregnant employee will usually best understand what she needs, so opening a discussion with the employer allows them to find out how they can support her continuing in the workplace in a way that does not cause the company undue hardship. Nevertheless, some employers may not be willing to make the accommodations required of them. This can happen even in "family-friendly" workplaces. Any woman struggling to get the pregnancy accommodations she needs may want to learn more about her rights and what her options are.]]>On Behalf of Barrera & Associates, Attorneys<![CDATA[Can an employer fire someone for being LGBTQ+?]]>https://www.baattorneys.com/?p=498172026-08-23T19:55:50Z2026-08-23T19:55:50ZUnderstanding LGBTQ+ workplace protections
Title VII of the Civil Rights Act of 1964 prohibits discrimination because of sex. In 2020, the U.S. Supreme Court held in Bostock v. Clayton County that this protection includes discrimination based on sexual orientation and transgender status. As a result, a covered employer generally cannot fire an employee because the employee is LGBTQ+.
However, federal law does not prevent employers from terminating LGBTQ+ employees for legitimate, nondiscriminatory reasons. For example, an employer may discipline or fire an employee for poor performance or violating workplace rules, as long as the decision is not based on a protected characteristic. The circumstances surrounding the termination can therefore be important when determining whether discrimination may have occurred.
Evidence can help show whether LGBTQ+ status influenced an employment decision. Comments about an employee’s sexual orientation or gender identity, a sudden change in treatment after coming out or different treatment compared with straight employees may raise questions about the employer’s actual reason for the termination. An employee who reports discrimination has protection from retaliation under federal law.
If you believe your employment was affected by discrimination, it can be helpful to discuss the circumstances with an experienced legal professional. Reviewing the termination, workplace communication and other relevant evidence can help determine what options may be available.]]>On Behalf of Barrera & Associates, Attorneys<![CDATA[3 ways your employer might be underpaying you]]>https://www.baattorneys.com/?p=498152026-08-17T03:46:03Z2026-08-17T03:46:03ZThe vast majority of employers pay their employees a fair wage – but some cheat. They find ways to shave a few dollars (or more) off their employees’ paychecks wherever they can. Worse, many of these employees are totally unaware that it is happening to them, so the employer gets away with it.Knowing how an employer may try to underpay you is half the battle. Here are three ways that it can happen:
1. Misclassification
Employers sometimes classify a person as an independent contractor when they should classify them as an employee. Sometimes it is done by mistake, but sometimes it is done intentionally. Employees are entitled to considerable benefits, such as overtime and sick leave, that independent contractors are not – and those benefits are part of their wages. Even though the worker may think they are getting paid correctly, they’re really losing out.
2. Paying less than minimum wage
California has a relatively high minimum hourly wage, but not all workers receive that minimum, despite the law.Employers sometimes tell employees that they fall under an exception (when they don’t), or deny them the minimum base wage because they are tipped. Employees may accept the treatment only because they don’t know better or because they’re simply desperate for work and afraid to complain.
3. Creative timekeeping strategies
California has strict laws about what counts as work and what breaks must be given. Employers sometimes put their own interpretation on things to reduce the hours and minutes on an employee’s time slip. For example, an employer may tell an employee that “prep time” doesn’t count as work time or require them to work at their desk during unpaid lunches. Both are common examples of wage theft. If you suspect your employer has underpaid you, talking to an experienced attorney can help you decide what to do next.]]>On Behalf of Barrera & Associates, Attorneys<![CDATA[Can poor performance be used as a cover for illegal termination?]]>https://www.baattorneys.com/?p=498132026-07-27T15:47:56Z2026-07-27T15:47:56ZWhen poor performance is given as the reason for your dismissal, it's easy to assume the decision is beyond challenge. After all, employers generally have the right to terminate employees for legitimate performance-related reasons.
However, an employer cannot use poor performance as a cover for unlawful termination. If the real reason for your dismissal was a protected characteristic or because you exercised a legal right, the employer's explanation may not hold up.
Looking beyond the employer’s explanation
When questions arise about the true reason for a termination, courts often examine the broader circumstances surrounding the dismissal to determine whether the employer's stated performance issues were genuine or merely a pretext for illegal termination.Factors such as your performance history, prior evaluations, disciplinary records, internal communications and the timing of significant workplace events can all help determine whether the employer's stated reason was genuine. For example, if negative reviews or disciplinary action appeared only after you reported harassment, requested a reasonable accommodation, took protected leave or engaged in another legally protected activity, those facts may point to a different reason for the termination.Courts may also look at how the employer handled other employees with comparable performance records or workplace conduct. If other employees with similar performance issues were given opportunities to improve while you were fired, that difference in treatment may cast doubt on the employer's explanation.
Protecting your rights after a suspicious termination
If something about your termination does not add up, trust your instincts. Preserve copies of performance reviews, emails, disciplinary notices and any communications related to your dismissal while they are still accessible. Most importantly, seek urgent professional guidance to understand your legal rights and options so you can make informed decisions about your next steps.]]>On Behalf of Barrera & Associates, Attorneys<![CDATA[What should you know about severance agreements?]]>https://www.baattorneys.com/?p=498112026-07-21T23:44:42Z2026-07-21T23:44:42ZSeverance agreements typically depend on an employer’s policies, and the employment contract or a union agreement at issue. Understanding the responsibilities of both parties is critical if you’re presented with one.
What might be included in a severance agreement?
A severance agreement may include continued benefits, pay and other support, but they often feature significant restrictions as well. The terms of the payments and benefits should be clearly written and include information like when payments will be made and if taxes will be withheld. It’s a good idea to compare the pay terms with your current pay, and the benefits listed should be compared to what you’re already receiving.
These agreements may also include terms that could dictate your future actions to some degree. Many severance agreements include nondisparagement terms, confidentiality clauses and restrictions connected to future employment. While such concerns may seem simple, they can have a significant impact on you when you look for new employment.
In many cases, severance agreements have limits on how long you have to review terms. It might also include a revocation period. These deadlines are important to remember since they can affect your ability to accept or decline an offer.
Severance agreements can have a significant impact on your future. Reading this kind of document thoroughly to ensure you understand the terms is critical. Because these agreements can be complex, it’s beneficial to have a legal professional review the document to ensure you aren’t missing any important terms that could have a negative effect on your future.]]>On Behalf of Barrera & Associates, Attorneys<![CDATA[Replaced by a younger worker? It may be age discrimination]]>https://www.baattorneys.com/?p=498092026-07-21T04:17:09Z2026-07-21T04:17:09ZIt is not always about performance
Many employers frame these decisions as restructuring, performance concerns or budget cuts. However, a 2025 nationally representative study by AARP found persistently high rates of age discrimination among workers 50 and older, with the majority reporting that it is common in the workplace.
What often drives these decisions is cost. When an employer sees a long-tenured employee as expensive and a younger candidate as a bargain, the motivation behind a termination may have less to do with performance than it appears.
California law protects workers over 40
California's Fair Employment and Housing Act protects workers 40 and older from losing their jobs because of their age. The law applies to most California employers, even those with as few as five employees.
To bring a claim, you do not need to prove that age was the only reason for the decision; it just needs to have played a meaningful role. Employers cannot fire older workers simply to replace them with younger, less expensive labor.
Signs that your replacement was about age, not business
You do not need direct evidence to bring an age discrimination claim. Being replaced by a significantly younger worker is itself a key factor courts consider when evaluating whether discrimination occurred. Other signs that age may have played a role include:
Comments about your age, retirement or how long you plan to keep working.
Being passed over for training, promotions or assignments given to younger colleagues.
Being targeted in a layoff where most of the people let go were over 40.
Receiving a sudden negative performance review after years of positive evaluations.
The pattern matters as much as any single incident, and courts look at the full picture of what happened before and after the termination.
What you can do if you suspect age discrimination
Start by documenting what you can, such as performance reviews, communications with your manager, and anything said about your role or your replacement. California requires you to file a complaint with the Civil Rights Department before pursuing a lawsuit, and strict deadlines apply.
An experienced employment attorney can help you assess whether what happened crosses the legal line and what steps to take before time runs out.]]>