In addition to personal health consequences, those who have contracted HIV or AIDS may face additional challenges in the workplace including discrimination. Under federal law, discrimination against individuals who have been diagnosed with AIDS is illegal. The Americans with Disabilities Act (ADA) prohibits employment discrimination based on disability and courts…
Pregnancy discrimination is considered an ongoing threat to workers in California and nationwide. Though the EEOC has recently issued new guidelines to minimize discrimination in the workplace, additional legal action is often necessary to hold illegally acting companies responsible. A San Diego jury has also spoken out, awarding $186 million…
The Genetic Information Non-Discrimination Act (GINA) prevents employers from discriminating against employees or potential employees based on their genetic or family medical history. In a recent case, the Equal Employment Opportunity Commission settled a class action for $187,000 with a California seed and fertilizer operation for refusing to hire applicants…
The American Disabilities Act protects individuals who suffer from physical or mental disabilities against discrimination. According to reports from the Equal Employment Opportunity Commission , the owner of a McDonald’s franchise in Oakhurst and the affiliated property management company illegally discriminated against an employee because of his cerebral palsy. EEOC…
When an employee suffers from sexual harassment, it can take months, even years to reach a resolution. In most cases, a company will want to settle out of court to prevent costs of litigation and public exposure. However, some companies are willing to take sexual harassment cases to a jury…
Wellness tracking programs are increasingly under scrutiny by employee rights advocates, health care professionals and other policy makers. In yet another case that challenges the legality of the employee wellness program, the U.S. Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against Honeywell International to stop the company from…
Protected classes under California state and federal law are always evolving. Minorities, women, those with disabilities and members of the gay and lesbian workforce were not always given legal authority in the face of discrimination. A new class has emerged raising a new question—should the obese be established as a…
A recent report has exposed the myriad abuses committed against Indian high-tech workers employed by American companies. According to The Guardian, brokers have “hijacked” the professional visa program, creating a system of “bondage” resulting in wage theft and other abuses against Indian workers. Many workers who have quit or tried…
Sexual harassment scandals in politics are some of the most notoriously covered by the media. In a recent case, California House candidate Carl DeMaio has been accused of sexual harassment by a former staffer. Making matters worse, the former policy director claims the politician attempted bribery and made repeated advances…
Employers have a long history of trying to classify employees as independent contractors rather than employees. The reason for this is that the company is not required to pay Social Security for independent contractors it hires, the company does not have to provide the workers with benefits, and the company…