gender discrimination

Employee Lactation Accommodation Rights Bolstered in California With AB 1976

December 4, 2018 | by Nassiri Law

Riverside pregnancy discrimination attorneys at The Nassiri Law Group know that discrimination of new mothers extends even far beyond the gestation period. Breastfeeding discrimination/ caregiver discrimination – an extension of pregnancy and gender discrimination – is a serious problem in California workplaces as well as throughout the country. A report in 2016 from the Center for Worklife Law at the University of California, Hastings College of Law pointed to an 800 percent uptick in the number of breastfeeding-related discrimination lawsuits in the decade prior.

Now, California has boosted protections for employees who are nursing, starting Jan. 1, 2019 with Assembly Bill 1976, signed by the governor in September. Existing law already requires all employers in California to provide a reasonable break time for accommodation of workers to express milk for their children. State law also mandates that companies offer a private space to do so that is somewhere other than a toilet stall that is reasonably close to one’s work area. Violations are subject to civil penalty by the state Labor Commissioner.

The new bill requires employers to make a reasonable effort to provide space to pump or breastfeed that isn’t in a bathroom – even if the space is temporary. Agricultural employers could be compliant by providing a space that is private, enclosed and shaded (including but not limited to an air-conditioned cab of truck or tractor). Employers who make a temporary space available need to show that providing a permanent space would cause undue hardship and that the temporary space is still free from intrusion, used only for lactation and meets other state specifications. Agricultural employers could be compliant by providing a space that is private, enclosed and shaded (including but not limited to an air-conditioned cab of truck or tractor). Continue Reading ›

Report: Female Prison Guards Face Daily Gender Discrimination, Sexual Harassment

November 26, 2018 | by Nassiri Law

Gender discrimination and sexual harassment attorneys in California know women who work in federal prisons housing male inmates tend to go into the job expecting they will be targeted for unwanted attention from the resident populace. This isn’t to say such behavior is tolerable, but it’s the reason these workers wear over-sized uniforms, slick their hair into tight buns, do almost everything possible to hide any trace of femininity. But worse than abuse they face from the inmates, they told The New York Times and detailed in gender discrimination lawsuit depositions, is the fact their male colleagues encourage this behavior – and even participate in it. On more than one occasion, this has resulted not only in a hostile workplace, but an extremely dangerous one. Further, they allege that when these incidents are reported, they face retaliation, including blackballing and termination, the male colleagues who harass them reportedly rise in their field.

Our Los Angeles sexual harassment attorneys are aware of cases wherein female prison workers have been groped, taunted daily, subjected to incessant inmate masturbation and threatened with rape. Anytime they reported this, the women say, their supervisors downplayed it, encouraged them to “let it go.” Once when a female worker refused, she said her supervisors required her to undergo an unwanted medical exam that required her to expose her breasts in front of a colleague. In another case, a case manager was reportedly raped by an inmate. When the 24-year employee reported it, she was criminally charged with raping her attacker. She was later acquitted by a jury, but her retirement savings was depleted for her defense fund and her daughter had to drop out of college because she couldn’t afford it.

This isn’t the first time abuses of female prison employees have come to light. In 2010, the Equal Employment Opportunity Commission released a stunning report, indicating sexual harassment and retaliation claims were not only unusually high within the U.S. Bureau of Prisons, but also that they were routinely mishandled. And this is not a small problem, given that more than 10,000 women work within the federal prison system. Women who have lodged complaints say they have been essentially blocked from any future in the corrections system – even when their claims prevail. This is evidenced by the fact that a Congressional oversight committee last year learned that prisons were continuing to grant high-level administrators huge bonuses, even though the complaints regarding sexual harassment were pervasive, the handling of them clearly unlawful. Continue Reading ›

Transgender Discrimination Banned in California, Even if Federal Protections Are Shaky

November 23, 2018 | by Nassiri Law

If you are a transgender person living in America today, chances are you have some grave concerns about the current political climate – specifically with regard to transgender discrimination in the workplace. As longtime Los Angeles gender discrimination attorneys, it’s been difficult to see certain federal-level protections wane or threatened, especially because they weren’t all that solid to start. What you need to know as a transgender person in California is that this state does have protections, even if federal authorities ultimately decide to narrow the definition of gender for Title IX purposes, which bans discrimination in education, and Title VII federal civil rights employment discrimination. As L.A. employment attorneys can explain, these protections are based on five different categories – which includes gender.

Federal Government May Limit Transgender Employee Protections

A number of recent reports indicate that the U.S. Department of Health and Human Services is getting ready to formally present a proposal to the Justice Department before the close of this year that would more strictly define gender as binary – a biological, immutable condition defined by the genitalia with which one is born. Of course, almost every transgender person will tell you that they did not “choose” to their gender identity, but rather it chose them. This is very similar to sexual orientation, though this is a wholly separate issue from gender identity.

Despite the fact that the American Medical Association has debunked any notion that trans people aren’t fit to serve in the U.S. military or that gender dysphoria (distress arising from a perceived mismatch of the gender with which one was born versus the one with which one identifies) is a problem that can’t be alleviated with care. Some political groups have gone so far as to disguise junk science from an anti-LGBTQ group (American College of Pediatricians) as the longstanding, respected and gender-affirming American Academy of Pediatrics. Continue Reading ›

Independent Contract Employees Lack Critical Workplace Discrimination Protections

October 28, 2018 | by Nassiri Law

U.S. and California law provide very specific discrimination protections for employees who have historically been the greatest targets. Typically, these are women, racial minorities, older workers and those with disabilities. We’ve come a long way in the last 50- to- 60-years in ensuring California workers aren’t fired, demoted, transferred or miss out on key benefits because of prejudice by their employers. However, a key component of those protections is the worker’s classification. Those who are classified as “employees” are entitled to a host of employment law protections – everything from minimum wages and regular mandated breaks to reasonable accommodations if one one’s pregnancy requires restrictions. Los Angeles employment attorneys often have to explain another important protection denied independent contractors: Anti-discrimination laws.

Approximately 1 in 7 jobs in America is classified as independent contractor or some other contingent-employment arrangement. This amounts to millions of Americans – roughly 14 percent in all, according the U.S. Bureau of Labor Statistics – whose work as freelancers, consultants, temporary agency laborers and contractors who are denied protections against discrimination for their age, race, gender, religion and disability. So for instance, while most employees can expect to be protected from age discrimination from their employer when they reach the age of 40, a freelancer has no such guarantee.

There are some analyses that suggest the unprotected workforce could be even larger. For instance, the California-based Staffing Industry Analysts recently released information indicating roughly 30 percent of American workers could be counted in the “contingent workforce.” The U.S. Equal Employment Opportunity Commission makes it clear that anti-discrimination statutes exempt independent contractors as well as those working for employment agencies. Sometimes, anti-discrimination protections depend on the number of employees a company has. Continue Reading ›

Rancho Cucamonga Sexual Harassment, Retaliation Alleged at Restaurant

October 3, 2018 | by Nassiri Law

In many ways, our Rancho Cucamonga employment attorneys understand we cannot address the rampant problem of sexual harassment in the workplace without also addressing retaliation. That’s because historically – and even often today – exposure of harassment, assault and other bad behavior almost always has consequences for victims and allies alike. We refer to these as “retaliation” because they are acts taken by the employer or management as “punishment” for bringing the wrongdoing to light.

This is part of what is alleged in a recent Rancho Cucamonga sexual harassment lawsuit, filed by numerous young female workers say they were targeted for gender-based harassment – and then retaliated against when they reported it. This is according to a California employment lawsuit filed by the Equal Opportunity Commission against Del Taco chain restaurant, as the Daily Bulletin reports.

Filed in the U.S. District Court for the Central District of California, the sexual harassment and retaliation claim asserts that the fast food chain broke federal law firstly when no fewer than three male workers (including at least two in supervisor positions, such as shift leader) targeted plaintiffs with sexual comments and physical touching that were both unwanted and inappropriate. These incidents occurred at a single restaurant dating back to at least 2014, and many of the female workers who suffered these episodes at work were minors at the time, according to the complaint. Continue Reading ›

California #MeToo Employment Bill Awaits Governor’s Approval

September 18, 2018 | by Nassiri Law

The future of California sexual harassment lawsuits hangs in the balance, as the public is closely monitoring word of Governor Jerry Brown’s decision whether to sign the controversial AB 3080. The bill would result in direct impact to workplace harassment and gender discrimination claims by impeding an employer’s ability to limit disclosure and discussion of such agreements with mandatory arbitration agreements signed as a condition of employment.

As our L.A. sexual harassment attorneys recognize, the bill if passed would amend a portion of California Labor Code (specifically adding a Section 432.4) outlawing forced arbitration agreements barring job-seekers (employees or independent contractors) from speaking out publicly or pursuing civil court remedy against employers who fail to protect them from sexual harassment or gender discrimination. (The bill doesn’t specifically use the term “arbitration agreements,” but those policies are what is targeted and would be affected.)

Some have argued that what’s in the bill is already largely covered within provisions already existing in the California Fair Employment and Housing Act (FEHA), which is the state’s anti-retaliation law shielding employees from retaliation if they have a reasonable belief of victimization from unlawful employment practices. Others say the bill, if passed, will be widely open to judicial challenge. In 1987, the U.S. Supreme Court ruled in Perry v. Thomas (and again in 2011 with AT&T Mobility LLC v. Concepcion) that the Federal Arbitration Act requires arbitration contracts generally be on equal footing with other types of contracts and that state law can’t interfere with federal policy. Continue Reading ›

Employer Discrimination Lawsuits: Facebook Job Ads Allow Unlawful Hiring Bias

September 15, 2018 | by Nassiri Law

When an employer sets out to recruit young people, men, white people, Christians, those without disabilities or other groups, this can be a violation of federal and state labor laws against employment discrimination. Specifically, such claims might be filed under the following umbrellas:

Age discrimination
Gender discrimination
Racial discrimination
Religions discrimination
Disability discrimination

A number of lawsuits filed recently against social media giant Facebook and numerous employers who advertise and head-hunt for workers on its platforms accuse the defendants of discriminatory advertising and hiring. If a person in a protected class is denied opportunity in the workforce because of their membership in that class, this is illegal.

In California, state law (specifically the Fair Employment and Housing Act and the California Family Rights Act) prohibits employment discrimination in the process of hiring, promotion/ demotion, transfers, wages, termination and other aspects of employment. Los Angeles employment discrimination law firms work to combat these types of acts by holding offenders accountable. Continue Reading ›

Nike Gender Discrimination Lawsuit Alleges Hostile Workplace for Women

September 7, 2018 | by Nassiri Law

A number of former female employees of sportswear powerhouse Nike are alleging in a gender discrimination lawsuit they were systematically maligned and denied key professional opportunities simply because of their gender.

The gender discrimination lawsuit, filed in a federal court in Oregon, alleges the maker of sports apparel willfully and intentionally discriminated against female employees with respect to their wages, promotions and other conditions of employment, causing and fostering a work environment that was hostile. The women are seeking class action status, with the two primary claimants having previously worked at the company’s headquarters in Oregon. One now works for the firm’s primary rival. The women say females at the firm were judged significantly more harshly than their male counterparts, which in turn resulted in lower wages, reduced stock options and less in bonuses. When they reported the disparate treatment to human resources, their allegations (including those involving sexual assault and harassment) were mishandled or else blatantly ignored.

In a written statement, the company insisted they vehemently oppose any form of discrimination and that its pay and benefits for workers and that the “vast majority” of its workers live by values that include respect for all others. Earlier this year, a group of women at the company presented the CEO and president with information gleaned in an internal gender discrimination survey. The CEO swiftly responded with a full restructure of the team, which included announcing the president would soon be retiring. The president was largely blamed by plaintiffs for not only creating but exacerbating gender discrimination on the job. He was reportedly being groomed to take over as CEO until all this came to light. Continue Reading ›

Transgender Employment Discrimination Standards Tested in U.S. Courts

August 31, 2018 | by Nassiri Law

California is one of the few states that prohibits transgender discrimination in housing and employment. Cal. Gov’t. Code Section 12940(a) stipulates it’s unlawful for an employer to refuse to hire or employ someone or to discharge from employment or to discriminate against a person in compensation or in terms, conditions or privileges because of one’s gender identity.

However, many other states lack such protections, and now, one transgender discrimination in employment case out of Michigan could go before the U.S. Supreme Court, potentially making it lawful for workplaces around the country to take adverse employment actions against workers on the basis of their sexual identity.

As reported by Lawrence-Journal World, the Kansas Attorney General is joining with officials from 15 other states, asking the U.S. Supreme Court to expressly declare transgender workers not protected by federal workplace anti-discrimination laws. In particular, they are requesting the U.S. Supreme Court reverse a ruling by the 6th U.S. Circuit Court of Appeals in Michigan, which decided the word “sex” used in the federal Civil Rights Act of 1964 – particularly in Title VII – does include transgender status and gender identity. Continue Reading ›

New Hampshire Joins in States Fighting Gender Identity Discrimination

June 13, 2018 | by Nassiri Law

New Hampshire has joined California in protecting residents from gender identity discrimination with the passing of House Bill 1319, which was signed into law by Gov. Chris Sununu. The bill added gender discrimination to the state’s current civil rights statute, which already includes age, sex, religious creed, race, color, national origin, physical or mental disability, familial status, and sexual orientation. By doing so, the updated law would prohibit discrimination based on gender identity in regards to housing, employment, and public accommodations.

According to a report from New Hampshire Union Leader, the bill received support not only from the governor and state legislature, but also the American Civil Liberties Union, the Human Rights Commission, several health establishments, and a New Hampshire police chief association.

Gender identity primarily involves giving people the freedom to express their gender however they see fit, regardless of the sex they were assigned at birth. Transgender people, for example, would benefit from such protections. In recent years some have argued that gender identity discrimination falls under sex discrimination, including the Equal Employment Opportunity Commission and former Attorney General Eric Holder. Attorney General Jeff Sessions, however, has attempted to end this line of thinking. He released a memo last fall that expressly excluded gender identity from sex discrimination protections under Title VII of the Civil Rights Act of 1964. A spokesperson from the Justice Department claimed any attempts to extend those protections was an exaggeration of the laws Congress put in place. This has turned gender into a partisan issue with transgender citizens in the crosshairs. Continue Reading ›