Los Angeles Employment Law Attorneys Blog

Pregnancy employment discrimination and California law

2012-05-17T22:06:31Z

California readers may be interested in a new piece of legislation introduced by multiple members of the U.S. House of Representatives in early May. Called the Pregnant Workers Fairness Act, the bill is meant to provide significant protections to pregnant employees and prevent employment discrimination. Specifically, if passed, the legislation would encourage employers to work with pregnant women to provide appropriate accommodations and a productive workplace environment.

However, of particular interest to readers may be that the state of California already offers perhaps the most protection to pregnant employees in the nation. For example, a pregnant employee has a right to job-protected leave in California. While this is not necessarily paid leave, it may nonetheless help with reducing the stress that a pregnancy may bring. It may alleviate the pressure on some women California who might feel they could be forced to make a choice between their jobs or their families.

]]> Of course, some types of work, such as construction, may not be possible for pregnant employees. In such instances, California law also grants a pregnant woman the right to transfer to a different position within the company when it is deemed medically necessary.

Pregnancy discrimination still does occur. Since 2000, there have been roughly two pregnancy employment discrimination cases filed each year in the state. At the same time, nationally since 1997, the rate of pregnancy discrimination claims has gone up 54 percent.

Advocates credit California's laws for generally reducing instances of discrimination. With the Pregnant Workers Fairness Act currently pending legislative action, it may well be that in the future pregnant women in the rest of the nation will enjoy similar job protection.

Source: Time, "Should Pregnant Women Be Accommodated in the Workplace?," Bonnie Rochman, May 11, 2012

Man sues Merced County, alleges workplace discrimination

2012-05-11T22:02:18Z

Discrimination in the workplace not only can affect one's job performance, but a person's emotional state as well. Unfortunately, even though many are aware of the harm caused by workplace discrimination, it nonetheless continues in both public and private places of employment. One San Francisco man has filed a lawsuit making such a claim against the Merced County Sheriff's Department, alleging that he was fired by the department because he is gay.

The man, who was formerly a sheriff's deputy in Merced County, was hired in 2008. However, he says that after he was hired, he was repeatedly the victim of harassment. In one incident in 2009, someone painted over his personal property with the word "homo" in nail polish. In another incident in 2010, someone taped his business card to his locker and wrote the words "Aids Maggot" on it.

]]> These two incidents were not the only ones. The 33-year-old former deputy recounts a number of times when members of the California Highway Patrol mocked him. He filed numerous claims with the management during this time, but to no avail. In 2011, he was fired from the Sheriff's Department.

In his workplace discrimination lawsuit, filed on April 26 with a superior court in San Francisco, the man says that the incidents caused him emotional distress. He is currently going through an arbitration process that could lead to his eventual return to the job, but he is also requesting $5 million in the lawsuit. The compensation is meant to cover his emotional pain and suffering and lost wages.

Source: The Modesto Bee, "Ex-Merced deputy sues over sexual harassment because he's gay," Mike North, May 2, 2012

California bill may prevent social media workplace discrimination

2012-05-05T15:30:00Z

Many young people are struggling to find employment after graduating from college. An ever growing practice by companies across the country is making it even more difficult for people to find gainful employment. Many companies are now asking for potential employees to hand over their social media usernames and passwords. This may cause some candidates to face wrongful discrimination, and lose a job offer. A new bill introduced in the California legislature may soon make this workplace discrimination practice illegal. The state joins a number of other states in considering similar legislation.

Employers might not normally have access to a candidate's social media profile because of privacy settings selected by that person. If a potential employer has that person's password to their social media, it might not be any different than asking to read their mail. This is seen by many as an invasion of privacy and way to discriminate against candidates because of their private life.

]]> Sometimes companies ask things of potential job candidates that could lead to them not being hired, despite the requirements not having anything to do with the actual job function. When an employer discriminates against a job candidate, it is important that they understand their rights.

When people in California face workplace discrimination, they might be wise to speak with an employment law attorney. They can help you understand your rights, and work to resolve the situation. By taking action against an employer that is unfairly discriminating against a person, other people might be protected against unfair practices.

Source: The Sacramento Bee, "Job front: Social media privacy bills advance in Sacramento," Darrell Smith, April 30, 2012

EEOC says transgender people are protected in California, US

2012-04-28T12:30:00Z

The federal government's Equal Employment Opportunity Commission set the national standard for transgender hiring late last week. The agency said that transgender people are protected from discrimination. This workplace discrimination case came out of California, after a transgender woman applied and was hired for a contractor job with the Bureau of Alcohol, Tobacco, Firearms and Explosives as a man. She later told the company that she was going to change her gender from a man to a woman. The job was them cut, but later she found out another person was hired for the position.

This ruling by the EEOC will help clarify the existing laws to prevent future confusion by regional agency offices. Not only will it help clarify the law to these regional agencies, but it will hopefully send a clear message to employers that they cannot discriminate against someone because of their gender identity.

]]> It is important that all employees feel comfortable in their workplace, and gender discrimination can cause a person to feel isolated. All people, no matter their background, should have an opportunity to work in a place free of harassment and discrimination, so they can make positive contributions.

Sometimes employers don't understand the laws and choose not to hire someone because of their cultural or social background, not based on their job qualifications. Many of these types of workplace discrimination are illegal in California and the United States. This decision by the EEOC will hopefully further clarify any questions as to who is protected.

Source: The Washington Post, "Commission: Transgender people protected under federal job discrimination laws," April 24, 2012

Los Angeles restaurant worker wrongfully terminated over illness

2012-04-21T11:30:00Z

Late last month, a man filed a lawsuit after his employer fired him. The Los Angeles man said the employer wrongfully terminated him after he was diagnosed with HIV and had to take medications that made him ill. According to a news report, he then asked his employer for reasonable accommodations to perform the duties of his job, but was fired.

Not only did the restaurant he worked for fire him, but he was asked for disability information not related to the function of his job. When an employer asks for more information than they need to make a reasonable accommodation they may end up embarrassing the employee and make them feel isolated from others in the workplace.

]]> It is important that employers approach disabilities with caution and with understanding of their employees' needs. People have the right to ask their employers for reasonable accommodations when they have a disability that might limit what they can do in their job without accommodations.

The employer in this case claims the former employee never told the restaurant about the illness and then wasn't able to perform the duties of the job, which is why he was fired. According to the wrongful termination lawsuit filed against the Los Angeles restaurant, the man brought a doctor's note to the management and asked them for some accommodations. He took one week off of work, which seemed reasonable, to adjust to taking his medications after his diagnosis.

If someone is wrongfully terminated, it might be helpful to speak with an employment law attorney who can help them understand their rights and pursue options.

Source: Los Angeles Times, "Suit alleges the Ivy fired employee diagnosed with HIV," March 29, 2012

Office romance could lead to sexual harassment in California

2012-04-14T14:30:00Z

Offices are filling up with millennials, who see the world very differently from their older counterparts. A new survey recently released shows that millennials, aged 18-29, are more likely to have a romantic relationship with a coworker. This is probably because many of them, 84 percent, say they would if the right person was there. Forty percent of them say they would date their supervisors.

This study brings of a great question for new hires in businesses. Although your company may have California sexual harassment procedures, do you know what your company's policy is on dating coworkers? Many millennials say they aren't sure what the policy is.

]]> This matters because the study highlights the need to educate young people on sexual harassment. They should understand what sexual harassment is and how to identify it in coworkers. Sexual harassment is always serious and shouldn't be allowed in the workplace.

Although many young millennials don't think office romance is a bad thing, sexual harassment and favoritism because of relationship should not be tolerated. This can make victims and other around the office feel unsafe and unhappy with their jobs.

Businesses need to clearly outline definitions of sexual harassment in California and policies on how to handle it in the workplace. An employee has the right to feel comfortable in their job, and it is important that companies understand how sexual advances, real or perceived, affect another person's wellbeing. Companies are responsible for making sure their employees are educated on and obey the policies that protect them and their coworkers. If someone feels they have been sexually harassed at work, they may be wise to speak with an employment law attorney.

Source: The Huffington Post, "Office Romances On The Rise Among Millennial Employees: Survey Says," Rieva Lesonsky, April 9, 2012

Facebook snooping could violate California employee's rights

2012-04-07T14:30:00Z

Young people are probably the most social media conscious individuals. Many of them realize that what they put on their social media networks can easily go viral on the Internet. Now, employers are especially interested in taking a peek at what potential job candidates are posting on Facebook.

Facebook has condemned employers who request passwords from job candidates or request to see the inside parts of their social media profiles. It could be a violation of an employee's right to privacy and the California based Facebook says it is a violation of its Statement of Rights and Responsibilities.

]]> To get around not requiring a password from potential employees, some companies request candidates to log into their social media sites and click on whatever the interviewer asks them to. This could leave California job candidates open to discrimination, violating their employee rights.

If employers are allowed to screen candidates by having unrestricted access to their social media accounts, they could discriminate against candidates for virtually any reason. Many people list lots of information on these sites and it might sometimes be impossible to know what an employer saw that made them not hire someone.

The requests by employers to see private information from a person's social media site have prompted outrage by civil rights groups as well as some politicians. One U.S. Senator is even drafting a federal law to make social media snooping illegal when considering job candidates. If you feel your rights have been violated while looking for a job, it might be wise to speak with an employment law attorney.

Source: PC Magazine, "Facebook Condemns Those Requesting Passwords of Interviewees, Employees," Leslie Horn, March 23, 2012

California college settles second sexual harassment suit in year

2012-03-31T16:30:00Z

Sometimes sexual harassment can be rampant throughout one organization. Over the last year, one California college has settled two sexual harassment allegations. The college paid out millions of dollars for to settle lawsuits that claim the same man sexually harassed women.

The lawsuits were for allegations that the man, who was a dean in the college and former vice president, sexually harassed an administrative assistant for six years. The woman was too afraid to come forward until recently because the man threatened poor performance reviews if she said anything about the unwanted advances.

]]> No one should have to feel unsafe in their workplace. Sexual harassment can make it difficult for California residents to do their jobs, and this harassment can hurt a person's mental health. Not only it sexual harassment illegal, but it hurts people's potential in the workplace and makes them feel like they can't contribute positively in their roles.

Given the amount of sexual harassment lawsuits against the same college, it appears that sexual harassment might be prevalent. Organizations should have policies that work to prevent sexual harassment in the workplace and resources for people who have been harassed or have witnessed sexual harassment. Any advances or things that make a person feel uncomfortable in California workplaces that are non-consensual could be sexual harassment.

Speaking with an employment law attorney can help you figure out the best way to end unfair workplace practices that someone has been subjected to. Every person deserves a comfortable safe place to work.

Source: Contra Costa Times, "El Camino College settles 2nd sexual harassment suit against former dean," Rob Kuznia, March 22, 2012

Company settles California pregnancy discrimination case

2012-03-24T18:30:00Z

A lawsuit that was filed over a year ago has been settled after a company accused of discriminating against a pregnant woman agreed to pay the woman $140,000. The pregnancy discrimination suit filed in California alleged the woman was not hired for a position that she was qualified for because she was pregnant. The company rescinded the offer after finding out about the pregnancy, according to a report.

The most qualified candidate should be hired, but some employers don't always do so for unlawful reasons, and instead discriminate against potential employees that may need time off that they are entitled to under the law. The company must also have an employee that works to develop procedures for handling these complaints.

]]> Even though discrimination in hiring decisions shouldn't take place, such discrimination for pregnancy is made even worse by a down economy and high unemployment. Many people can still contribute to the workplace while they are pregnant, and will continue to contribute and provide unique perspectives when they return from leave.

Women sometimes fear applying for jobs or accepting positions because they think they will be discriminated against if they become pregnant. This type of discrimination can be illegal, when the candidate is qualified but not hired because of their medical condition.

It is important for people to understand their rights when they are not hired even though they are more qualified than other candidates. Although the settlement may force the company to provide training and identify policies that will prevent this discrimination in the future, no discrimination should be acceptable in hiring practices.

Source: Fresno Bee, "Olam Americas settles pregnancy discrimination suit for $140,000," Robert Rodriguez, March 15, 2012

Los Angeles jury awards $1.29 million in sexual harassment case

2012-03-23T15:56:37Z

A former Burbank deputy police chief who claimed he was demoted and then fired for complaining about racial discrimination and sexual harassment within the department was awarded $1.29 million Monday by a downtown Los Angeles jury.

Gregory W. Smith, an attorney for William Taylor, argued that his client was retaliated against for coming forward and speaking out about a department beset by factional infighting and a lack of accountability. He also said Taylor was the victim of a "sham" internal investigation that led to adverse actions being taken against the lawman.

HSKRR files Complaint over Lomita's denial of request for new mosque

2012-03-23T15:43:40Z

Hadsell Stormer Keeny Richardson & Renick along with the office of the Council on American-Islamic Relations have filed a joint complaint against the city of Lomita for denying the Islamic Center of South Bay's application to build a new mosque.‬

‪The federal complaint, which was filed Wednesday in U.S. District in Los Angeles, alleges that Lomita is discriminating against and imposing substantial burdens on the Center in denying its petition for renovation. The suit claims that the reasons cited by the city are not based on legitimate concerns about increased traffic, among other things.

The Los Angeles Times has coverage here.

You can view a recent KTLA Los Angeles report here.

Former NASA Pasadena worker files wrongful termination suit

2012-03-17T14:30:00Z

Many times coworkers engage in conversations that involve disagreements on beliefs. Most people don't expect to be fired for sharing their beliefs with other people, as long as they don't force them on coworkers. That's exactly what a former Pasadena NASA administrator says happened to him in a wrongful termination lawsuit that began this week. The man is fighting to protect his right to express his beliefs.

When the man voiced his belief in intelligent design, which says that some intelligent unit developed the universe because it is much too complicated for evolution to explain, he was isolated and eventually fired by his supervisors, according to a report.

]]> By expressing views on personal beliefs, some people can become isolated by their coworkers, and supervisors are quick to diffuse potential controversial topics. In doing so, they may restrict an employee's ability to express their beliefs, violating their rights.

After spending over 15 years working hard for the organization, the man in this case now has to fight for his rights. Although the Pasadena based group that he worked with is saying he was part of a mass layoff, it could be possible he was wrongfully terminated because of his beliefs.

Employers sometimes use mass layoffs to try to eliminate employees that have been performing well, but maybe have beliefs that don't fit with the beliefs of their supervisors or coworkers. This wrongful termination tactic might get some people to just accept that they lost their job, but it is important that people who believe they have been treated unfairly work to protect their rights.

Source: CNN, "Terminated scientist claims bias against intelligent design," Stan Wilson, March 13, 2012

Whistleblower trial commences for former Colton police chief

2012-03-16T17:07:48Z

HSKRR Partner Dan Stormer gave his opening statement this week in a trial involving former Colton Police Chief Ken Rulon. Rulon alleges that he was wrongfully fired and defamed for reporting suspected corruption involving multiple Colton city officials.

Dan Stormer said during his opening statement that Rulon was a standout leader with a vigor and enthusiasm that dazzled City Manager Daryl Parrish and led to glowing reviews, awards, and accolades.

It was Parrish's failure to address ongoing unlawful activities involving city officials that led to Rulon reporting the matter to the District Attorney's Office. Parrish's opinion of Rulon suddenly changed after that, Stormer said.

"That was essentially the end of Mr. Rulon's career."

Illegal labor practices rampant in Los Angeles area warehouses

2012-03-10T20:30:00Z

Large distribution centers help receive and sort goods that are sent all across the United States for hundreds of companies, including some of the nation's most recognizable brands. These distributions centers which are located just east of Los Angeles are also rampant with illegal labor practices according to a federal lawsuit. They move millions of dollars in goods each year, but it appears they pay their employees very little.

According to reports, the warehouses employ approximately 100,000 people. A man who supervises employees at the warehouses says he was forced by managers into altering employees' timecards, meaning they received less pay than the California minimum wage of $8 per hour.

]]> Not only do employees claim they are underpaid by the warehouses, but they were forced to work in high heat and work quickly. These violations led to over 60 workplace safety violations by the California Division of Occupational Safety and Health. Some workers say they were even forced to rent a shirt with the company logo on it for $1 per week.

Because of these illegal labor practices, the state has proposed fines for the Los Angeles area warehouses of nearly $1.4 million. Some of these warehouses have allegedly paid employees less than half of the minimum wage, and used job insecurity to prevent the workers from forming a union. Those who face wages under the minimum or unsafe working conditions might be wise to speak with an employment law attorney. They will be able to help determine a course of action and explain an employee's rights.

Source: MSNBC, "Warehouse workers say abuses are systematic," Lilly Fowler, March 5, 2012

Anne Richardson will speak at the University of Colorado's Law School on Friday, March 16, 2012

2012-03-09T23:03:16Z

HSKRR's Anne Richardson is a featured speaker at the University of Colorado Law School's Journal of International Environmental Law and Policy's Symposium on March 16, 2012. She will address the issue of Corporate Accountability for Human Rights Violations. Click here for more information.