gender discrimination

Pao California Gender Discrimination Lawsuit Against Venture Capital Firm Goes to Trial

February 23, 2015 | by Nassiri Law

A high-profile gender discrimination and retaliation lawsuit is underway in Silicon Valley, with one of the area’s oldest venture capital firms in the center of the storm.

In her complaint, Ellen Pao claims she was subjected to five years of retaliation after she refused sexual advances from several of the senior partners at Kleiner Perkins Caufield & Byers. As a former partner of the firm, she stated she and other female workers were discriminated against when it came to matters of pay and promotions. She also said she was pressured into having an affair with a senior executive, and after she ended it, the discrimination began – and continued for the better part of five years. She is seeking $16 million in compensation for back pay, future wage losses and other damages as a result of the alleged discriminatory conduct.

The case is being closely watched as it has underscored longstanding issues of sexual inequality in the field of technology. As a result, many technological firms have started releasing diversity data regarding their workforces, and have vowed to make improvements with regard to racial and gender balances.

EEOC Sues Restaurant for Discrimination Against Male Applicants

February 5, 2015 | by Nassiri Law

While sexual harassment claims are often filed by women who suffer discrimination or retaliation by male superiors, a recent federal case filed by the Equal Employment Opportunity Commission (EEOC) is a reminder that discrimination and harassment can go both ways. According to a statement from the EEOC, a well-known restaurant chain is being sued for discriminating against male applicants for bartender and server positions. According to the complaint, the restaurant in its Park City, Utah locations only hired women for its summer positions. The federal lawsuit was filed in late January by the EEOC, seeking an injunction that would stop the restaurant from depriving men of employment as a result of their gender.

In taking legal action against the restaurant, the EEOC is sending a message to all restaurants and service industry employers that they must put an end to all wrongful and illegal employment practices. The EEOC is seeking to compensate two workers who were denied jobs during the summer of 2013 because they were male. An attorney representing the plaintiffs stated publicly that this is a cautionary tale to other employers who favor female employees when hiring.

According to the complaint, the company went out of its way to advertise for temporary positions during the summer of 2013, indicating it showed exclusive preference for female applicants. The company even stated specifically that it was not hiring men.

McDonald’s Faces Suit for “Rampant” Racial and Sexual Discrimination

January 26, 2015 | by Nassiri Law

McDonald’s is facing some of its most egregious accusations of racial and sexual discrimination and harassment, which could result in a significant settlement or verdict for 10 former employees. The federal civil rights lawsuit was filed against the company in January of 2015 in the U.S. District Court for the Western District of Virginia. According to the lawsuit, plaintiffs were subjected to “rampant racial and sexual harassment.” Alleged offenders were high-ranking supervisors and managers who have been accused of demeaning the workers, nine of whom are African American, and one who is Hispanic. Of all the plaintiffs, seven are women.

According to the court documents, supervisors were demeaning, claiming that there were “too many black people in the store.” African-American workers said their supervisors called them derogatory names like “ghetto” or “bitch,” and the Hispanic worker said that she was repeatedly called a “dirty Mexican.”

In addition to the hostile work environment created by the aggressive and ongoing name-calling, the employees were disciplined more heavily than while employees who violated the same rules. The employees were also inappropriately touched on their buttocks and legs. Supervisors also sent the female employees nude and other sexually explicit photographs and in several instances, tried to solicit sexual favors from their employees.

Saks Claims Right to Discriminate Against Transgendered Employees

January 23, 2015 | by Nassiri Law

Transgendered employees are a protected class under California state laws and federal law. The Justice Department and the Equal Employment Opportunity Commission hold it is illegal for employers to discriminate against transgendered employees. In a recent turn of legal events, Saks & Co. administrators in a federal motion asserted the company has the right to discriminate against employees for being transgendered.

According to the filing, Saks asked for the dismissal of a former employee’s discrimination lawsuit because transsexuals are not protected under Title VII.

Title VII of the Civil Rights Act bans employment discrimination based on race, religion and gender. According to reports, a transgendered woman alleges she was instructed to separate her work and home life and to begin behaving in a more masculine manner at work. The lawsuit alleges that she was ultimately terminated in retaliation for speaking up about a hostile work environment. Saks attorneys filed a motion in the Southern District of Texas, denying all legal claims. The defense team also alleges that though the discrimination is tied to gender, the discrimination is related to his status as a transsexual. In essence, the defense attorneys are arguing adverse employment action based on plaintiff’s status as a transsexual is grounds for a discrimination action.

Catholic High School Liable for Gender Discrimination

January 21, 2015 | by Nassiri Law

The American Civil Liberties Union has succeeded in taking on a gender discrimination case against a Catholic school in Indiana. According to court documents, a teacher was discriminated against after she sought in vitro fertilization treatment to get pregnant.

After working at the school for more than seven years as a language arts and literature teacher, the Catholic school informed her that her contract would not be renewed because the act made her a “grave and moral sinner” through the eyes of the religious employer. This is one of many cases that pit civil liberties against religious rights.

The ACLU has worked aggressively to put an end to discrimination in the name of religious beliefs. In this case, a federal lawsuit was filed against the school and the local Catholic authorities for sex discrimination in the workplace. The legal team highlighted the reality that no man had ever been fired for his involvement with fertility treatments. In defense, attorneys on behalf of the school argued that the organization should be exempted from federal anti-discrimination laws because the decision was based on “sincerely-held religious beliefs.”

Soccer Team Owner Accused of Sexual Harassment

December 31, 2014 | by Nassiri Law

A Seattle soccer team owner has been sued for sexual harassment and members of the team have questioned whether he was properly screened and background checked. Twenty-two players quit the Seattle Impact FC team after only one season game. Players stood alongside the dance team known as “Ladies with Impact,” who also resigned to protest the assault of two dancers. According to reports, the coach, also a former college soccer player, had a history of sexual assault and misconduct in his two-decade career as a high-school coach. In addition to lawsuits filed against the coach, questions remain if other entities are liable for failure to background check the owner.

According to the Seattle Times, the coach had fired his staff and other office workers who were embittered by his management style. He accused the women who filed the lawsuit of being ‘dirt poor’ and trying to extort money through litigation. A 22-year-old dancer filed the lawsuit after the coach allegedly asked her to come over to his home. She accuses him of an assault that occurred during this encounter. The dancer was not only concerned about the professional complications of the assault, but has also been forced into counseling and takes medication to manage the stress associated with the event.

The coach has not been criminally charged for the offense, but the local law enforcement authorities are investigating. Members of the team, the association, and local fans have continued to protest his ongoing presence as the owner and coach of the team. The case has also raised questions about whether the Major Arena Soccer League (MASL) went through a proper screening process to vet the coach. The newly formed professional circuit has boasted top indoor talent, but has had other legal problems related to sexual harassment. Reports indicate that another coach of a team in Texas was sued in 2010 by a female intern at his New York consulting firm. According to the complaint, the coach sent inappropriate emails, texts and notes. The case was settled out of court for $50,000.

Weight Discrimination in the Workplace—Should There Be Legal Protection?

November 12, 2014 | by Nassiri Law

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 protected class? According to a recent publication in the Washington Post, the overweight—specifically women who are overweight—are more likely to earn less and suffer adverse employment action, including lower pay. A new study shows that the reality of weight discrimination in the workplace may demand additional protection, especially for women.

According to the study, conducted by Vanderbilt University Law School, women are increasingly less likely to work in higher paying jobs and more likely to work lower paying jobs if they are heavier. The study also looked at a correlation between “personal interaction” jobs and “physical activity” jobs, the former including sales or communications positions, and the latter including home health care, food preparation or other physical positions. When comparing the data, women were likely to make less the heavier they became, even though data did not reflect the same trends among male workers. According to the analysts, men did not seem to fare any worse when they gained weight.

Though beauty or physical attractiveness have long been tied to better wages for both men and women, the reason for the disparate impact of weight on a man or woman’s income is unclear. A basic understanding of the data suggests that a woman’s appearance is simply more important on the job than a man’s. Still, the trend suggests that women are unfairly suffering from discrimination if they are overweight. Our Orange County discrimination attorneys are dedicated to protecting the rights of women and the disabled in the workforce. If you believe you have suffered from workplace discrimination, we can review your case, determine the proper course of action and help you protect your rights.

EEOC Files First Transgender Discrimination Suits

October 6, 2014 | by Nassiri Law

Making legal history, the Equal Employment Opportunity Commission (EEOC) has filed two lawsuits against companies accused of transgender employee discrimination. The lawsuits were filed under the Civil Rights Act of 1964, offering protections against sexual discrimination. This is the first time the EEOC has taken action since federal law was extended to protect transgendered workers from discrimination by private employers. According to the L.A. Times, the employees suffered illegal discrimination by their employers based on their gender identity.

The federal government has only recently extended protection to transgendered employees from private employers. Under California law, transgendered employees can also take action against employers for discrimination. Our Orange County sexual discrimination attorneys are dedicated to raising awareness to prevent future instances of discrimination and to providing strategic advocacy to our clients. If you or someone you love has suffered discrimination based on gender identity, a sex change operation, or because of a transition from male to female, or female to male, you may have a legal cause of action against your employer.

According to a complaint filed against a funeral home in Detroit, the company is liable for a violation of the Civil Rights Act after it fired an embalmer who transitioned from being male to female. The employee had worked for the funeral home since October of 2007 before she told her superiors that she would undergo a sex change procedure. A couple weeks after the employee notified her employer of the sex change operation, her position was terminated. According to the complaint, the employee was illegally terminated for disclosing and suggesting the procedure, which the company found unacceptable. Both parties tried to reach a settlement prior to the lawsuit being filed in a Michigan federal court.

Transgender Discrimination Linked to Unemployment, Poverty

September 23, 2014 | by Nassiri Law

Sociological studies have often focused on which groups suffer most in America’s labor force as a result of demographics, education, and discrimination. Minorities and youth in today’s workforce have high unemployment rates — but nothing compared to that faced by the transgendered community. According to reports, inequalities and discrimination prevent transgendered workers from finding and keeping good jobs, maintaining benefits, and getting access to adequate health insurance. For members of the transgendered community who suffer from employment discrimination, the impact can be lasting, resulting in long-term unemployment and lost wages.

In the state of California, discrimination based on sexual identity is illegal. Victims of discrimination should take immediate action to protect their rights and recover compensation when available. Our Orange County employment attorneys are committed to protecting the rights of employees throughout Southern California. We understand the plight of the many individuals who suffer from employment discrimination and will review every case to determine whether an employer is in violation of state and federal labor laws. Our priority is to raise awareness to protect worker rights and to prevent future acts of discrimination.

Transgendered Americans have a more difficult time securing jobs and keeping them due to discrimination in hiring. Even after hiring, many individuals become targets of harassment and forced to endure a hostile work environment. Reporting of discrimination can also lead to retaliation and adverse employment action, including demotion or termination. If you believe you have suffered from discrimination in the workplace, an experienced attorney should review your case. While every case is unique and demands a review of specific facts, an advocate can apply the law to your case to determine if you have a legal cause of action.

Gender Bias Negatively Impacts Hiring Decisions

April 4, 2014 | by Nassiri Law

Women seeking jobs in math dependent professions are discriminated against regularly by biased employers.

Our employment lawyers in California know that gender bias is a real problem for female employees in the workforce.

A recent report in the Washington Post discusses just how severe gender bias can be in relation to women and mathematics. According to the report, a recent experiment assessed the verbal and mathematical ability of young people all over the world in an effort to determine just how real gender bias is in regard to mathematical ability.