|
"FIGHTING FOR THE LITTLE GUY" Employee Rights Attorney Frank Pray 949-251-1006 |
||||||||||||||||||
Learn your employee rights, find a voice, exert your power, and receive personal, professional service. Employee Rights Attorney Frank Pray offers over 30 years litigation experience, with over half his career devoted exclusively to representing employees in wrongful termination cases.COMMITMENT, COURAGE, COMPASSION AND CONCENTRATIONFOCUS OF MY EMPLOYMENT LAW PRACTICE IS:
Testimonials
For More Testimonials Use the "Testimonials" Menu Link.EMPLOYMENT LAW CASE OF THE MONTH[Summary originates from Sheppard & Mullin, (representing employers in employment law disputes, and can be found at: http://www.antitrustlawblog.com ] In a recent case handed down by the California Supreme Court entitled North Coast Women's Care Medical Group, Inc. v. Superior Court, the Court was asked to decide whether a medical clinic's physicians could discriminate for religious reasons against an individual based on that person's sexual orientation. In this case, the plaintiff's doctors refused to artificially inseminate the plaintiff. The plaintiff's doctors allegedly claimed that their religious beliefs precluded them from performing the procedure on a homosexual person. Thereafter, the plaintiff sued the doctors and the Clinic alleging that she was unlawfully discriminated against in violation of the Unruh Civil Rights Act (the "Act"). The Act provides certain protected classes the right to equal treatment by businesses which are open to the public. The defendants, however, contended that their constitutional rights to religious freedom and free speech required that they be exempt from state and federal discrimination laws. The Court rejected the defendants' contention. The Court first held that the Act was a neutral law of general applicability, and, thus, any infringement on the doctors' right to religious freedom caused by adherence to that law was only incidental and constitutional under federal law. The Court also held that the doctors' right to free speech was not infringed upon by the Act, and, thus, the Act was constitutional. In applying state law, the Court held that even applying the most exacting level of scrutiny to the Act, the defendants' contention that they be permitted an exemption from the Act because of their religious beliefs still failed. In so holding, the Court stated that the doctors had two choices under the law that were consistent with their religious beliefs: (1) perform the procedure for no individuals or (2) ensure that there is at least one other doctor employed by the Clinic to perform the procedure who does not share their religious objection. This is an important case for California employers because it reinforces not only the fact that employers are potentially liable for the conduct of their employees, but also that employers are responsible for ensuring that its employees are complying with discrimination laws with respect to their customers. This case demonstrates that not even an individual's right to religious freedom will exempt an employer or its employees from state discrimination laws. IF YOU HAVE COMMENTS ON THIS CASE, YOU MAY USE THIS SITE'S MESSAGE BOARD. SEE MENU. |
||||||||||||||||||
|
|
||||||||||||||||||
|
Copyright 2005-2008 by Employee Rights Attorney Frank Pray Disclaimer: This site is not legal advice. View it as a general resource and public service. The Employment Law Office of Frank Pray handles cases related to most areas of employment law. My law firm is dedicated to helping employees dealing with issues of workplace discrimination (including gender discrimination, race discrimination, age discrimination and discrimination based on religion, national origin, sexual orientation, disability, pregnancy or illness); harassment due to hostile work environment (whether sexual, verbal, or other); contract disputes; wage and hour violations (such as overtime or break violations); whistleblower retaliation, qui tam and false claims act cases; and severance agreements and negotiations. My legal services and advice are available to any employee involved in illegal or wrongful termination, assault, battery, defamation, slander, or violation of privacy; or with job concerns regarding medical leave, Occupational Safety & Health Act (OSHA), affirmative action, gay & lesbian rights, Fair Employment and Housing Act (FEHA), labor code violations, Americans with Disabilities Act (ADA), California Family Rights Act, the federal Family Medical Leave Act, Employee Retirement Income Security Act (ERISA), Worker Adjustment and Retraining Notification (WARN) Act, or the Federal Employer's Liability Act. I can be contacted by anyone seeking an attorney for information about employee civil rights, or opportunities for monetary settlement, damages, or personal injury claims. "Employee Rights" is my exclusive focus, and has been for over 15 years. I serve the Orange County, CA communities of : Aliso Viejo La Habra Anaheim La Palma Balboa Lake Forest Brea Los Alamitos Buena Park Mission Viejo Costa Mesa Monarch Beach Corona Del Mar Newport Beach Coto de Caza Newport Coast Cypress Orange Dana Point Placentia Dove Canyon Portola Hills Foothill Ranch Rancho Santa Margarita Fountain Valley San Clemente Fullerton San Juan Capistrano Garden Grove Santa Ana Huntington Beach Seal Beach Irvine Stanton Ladera Ranch Talega Laguna Beach Trabuco Canyon Laguna Hills Tustin Laguna Niguel Villa Park Laguna Woods Westminster Yorba Linda I serve the San Bernardino County, CA communities
of: Adelanto Apple Valley Barstow Big Bear Lake Chino Chino
Hills I serve the Los Angeles County, CA communities
of: Agoura Hills Alhambra Arcadia Artesia Avalon Azusa Baldwin Park
Bell Bell Gardens Bellflower Beverly Hills Bradbury Brentwood
Burbank Calabasas Carson Cerritos Claremont Commerce Compton Covina
Cudahy Culver City Diamond Bar Downey Duarte El Monte El Segundo
Gardena Glendale Glendora Hawaiian Gardens Hawthorne Hermosa Beach
Hidden Hills Huntington Park Industry Inglewood Irwindale La Canada
Flintridge La Mirada La Puente La Verne Lakewood Lancaster Lawndale
Lomita Long Beach Los Angeles Lynwood Malibu Manhattan Beach
Maywood Monrovia Montebello Monterey Park Norwalk Palmdale Palos
Verdes Estates Paramount Pasadena Pico Rivera Pomona Rancho Palos
Verdes Redondo Beach Rolling Hills Rolling Hills Estates Rosemead
San Dimas San Fernando San Gabriel San Marino Santa Clarita Santa
FE Springs Santa Monica Sierra Madre Signal Hill South El Monte
South Gate South Pasadena Temple City Thousand Oaks Torrance Vernon
Walnut West Covina West Hollywood I serve the Riverside County, CA communities of: Banning Beaumont Blythe Calimesa Canyon Lake Cathedral City Coachella Corona Desert Hot Springs Hemet Indian Wells Indio La Quinta Lake Elsinore Moreno Valley Murrieta Norco Palm Desert Palm Springs Perris Rancho Mirage Riverside San Jacinto Temecula |
||||||||||||||||||