Orange County Employment Lawyers Blog

California Workplace Discrimination & Harassment 101 – What You Need to Know

December 11, 2019 | by Nassiri Law

As an employee in California, you have rights under both state and federal law that protect you from harassment and discrimination based on your belonging to a protected classification. For example, if you are a woman paid substantially less than male colleagues doing the same work, that’s a form of gender discrimination on the basis of sex – a protected class.

In fielding hundreds of inquiries over the years from California workers whose rights are being violated on-the-job, our Los Angeles employment attorneys want to ensure as many people as possible understand what exactly harassment, discrimination and retaliation is and how to best address it.

What is Workplace Discrimination?

Discrimination is adverse treatment by an employer against workers who fall into a protected class. California employers are prohibited from discriminating against employees on the basis of:

Race
Color
National origin
Religion
Gender (including pregnancy, childbirth and related medical conditions)
Disability
Age
Citizenship status
Genetic information
Marital status
Sexual orientation
Gender identity/expression
AIDS/HIV
Military/veteran status
Status as a victim of domestic violence, stalking or assault

This is much more extensive than the federal law, and some cities in California have their own rules that extend protections even further. Continue Reading ›

Federal Healthcare Employee Workplace Violence Prevention Act Likely to be Vetoed

December 9, 2019 | by Nassiri Law

Healthcare workers face an out-sized risk of physical harm on-the-job. The Occupational Safety & Health Administration reports that more than 75 percent of the 25,000 workplace assaults that occur annually in the U.S. occur in settings like hospitals, nursing homes and other social service settings. On average, health care workers are 20 times more likely to be injured in an act of workplace violence than other types of employees. The American Nurses Association reports 1 in 4 nurses has been physically assaulted by either a patient or a patient’s family member.

This was the basis for the introduction of H.R. 1309, the Workplace Violence Prevention for Health Care and Social Service Workers Act. The measure passed with notable bipartisan support in the House of Representatives (251-158). If passed, it would usher in the healthcare workplace violence prevention standards that already exist in California on a national level. However, it still has to make it through the Senate, and even if it does, officials with the Trump White House have said the president would veto it as written.

The American Hospital Association opposes the bill, with the executive vice president saying federal interests should instead be more focused on “research to identify best practices for different workplace settings and circumstances.” That information should then be disseminated to health care facilities to adopt as necessary, rather than requiring “a one-size-fits-all approach.”

However, the measure is strongly supported by numerous health care worker labor unions. Continue Reading ›

SCOTUS Agrees to Review Ministerial Exception to Workplace Discrimination Lawsuits

December 8, 2019 | by Nassiri Law

How much leeway should religious schools have under the ministerial exception when it comes to hiring and firing teachers whose beliefs don’t align with a church’s? The U.S. Supreme Court has said it will review a federal appellate court’s ruling that would allow two California teachers’ claims of workplace discrimination to move forward.

Front and center will likely be the landmark 2012 case of Hosanna-Tabor Evangelical Lutheran Church and School v. Employment Opportunity Division. The SCOTUS ruled that the free exercise and establishment clauses of the First Amendment prohibit legal claims against church bodies by their employees who carry out “essential religious functions.” The ministerial exception is supposed to protect church decisions about its leadership from improper governmental influence under the 1st Amendment.

Plaintiff alleged violations of the Americans with Disabilities Act after taking leave to treat her narcolepsy. She was fired for reported insubordination. The line between “minister” and others wasn’t clearly defined, but plaintiff did teach religion and led religious ceremonies. Thus, the court held, the ministerial exemption applied. Continue Reading ›

Hair That Was “Too Black” Reportedly Part of Catalyst for Firing America’s Got Talent Star

December 6, 2019 | by Nassiri Law

American actress and voice artist Gabrielle Union was a popular fixture on America’s Got Talent this past season. Fans were shocked by NBC’s seemingly abrupt announcement that she wouldn’t be returning for a second season. Many more were troubled by allegations that followed – specifically that they were axed for complaining that the culture on set had become “toxic,” with Union and co-host Julianne Hough reportedly receiving multiple complaints that their hairstyles were “too black.”

The timing of the incident is noteworthy for the fact that it comes just a few weeks shy of California’s CROWN Act becoming law on Jan. 1, 2020. Also known as Senate Bill 188, the measure shields black women and men from workplace discrimination for wearing natural hairstyles. California was the first in the country to sign such a law. New York and New Jersey have become the second and third, several cities have done the same and more may follow.

As our workplace racial discrimination attorneys in Los Angeles can explain, these laws ban polices that penalize people of color for wearing their hair in natural curls, twists, dreadlocks, braids or other styles that embrace their cultural identity. Black women in particular have said they have felt pressure for decades (if not longer) to use chemical relaxers, weaves, excessive heat and other measures to conform to the straight hair standard of European hair. One analysis by Nielsen found that black consumers spent nearly $475 million on hair care just in a single recent year. Pressure to do so, many black women have said, is from schools or employers who refuse to accept braids or natural locks as a “neat” or “professional” hair style. Continue Reading ›

Gender Discrimination, Harassment Leading Causes of Female Doctor Burnout

December 4, 2019 | by Nassiri Law

A new study published in the New England Journal of Medicine reveals that sexual harassment, verbal abuse and gender discrimination are the catalysts mostly responsible for the high rates of burnout among female doctors.

Physicians in general have high rates of burnout, defined just this year by the World Health Organization as a condition characterized by cynicism, emotional exhaustion, physical fatigue and reduced productivity resulting from unmanaged job-related stress. What this new study suggests is the problem is even greater for doctors who are women, and surgical residents in particular.

Another recent survey conducted by physician staffing firm Merritt Hawkins showed that more than three-quarters of female physicians responded in the affirmative when asked whether they had experienced gender-based discrimination in the workplace. Continue Reading ›

Employee Disability Discrimination Lawsuit Stems From Mocking, Harassment

December 2, 2019 | by Nassiri Law

A worker who was incessantly mocked and harassed by co-workers for her deafness and speech difficulties at his job at a national retail chain has won a $100,000 disability discrimination lawsuit against his employer.

According to the Equal Employment Opportunity Commission, the West Virginia retail worker was frequently the subject of unkind jokes pertaining to her manner of speech and the fact that she could not hear. Co-workers often used terms that would be considered highly offensive. The employee mad her bosses aware of the harassment, but the EEOC said management failed to take any action.

What’s more, the EEOC said the company declined to promote her due to her disabilities and in retaliation for her reporting of the harassment. Management reportedly even went so far as to discriminate against a non-disabled department manager, due to her association with the employee in question as well as the manger’s attempts to protect her from harassment of the other employees. Continue Reading ›

Proving California Wrongful Termination, Retaliation

November 30, 2019 | by Nassiri Law

Sometimes the terms “wrongful termination” and “retaliation” are tossed around in the context of employment lawsuits, but there is often a fundamental misunderstanding of what these mean in legal terms.

What they do not mean is simply “unfair” actions by an employer. California is an at-will employment state, meaning employers can fire you for any reason at any time – with or without cause. The employer doesn’t need a “good reason.” However, there are exceptions – primarily as outlined in the California Fair Employment and Housing Act.

Wrongful termination occurs when an employee is fired for an impermissible or unlawful reason. There are a long list of exceptions to the at-will employment rule, and they include termination based on things like gender, race, nationality, religion, pregnancy, age, disability/medical condition and sexual orientation. It can also include termination for filing complaints about workplace health and safety or employee injuries.

Wrongful termination can be a form of retaliation, which occur when adverse action is taken against an employee for reporting a company’s violation state Labor Code and other laws. Continue Reading ›

New California Workplace Lactation Accommodation Rules Set to Begin 2020

November 26, 2019 | by Nassiri Law

Working mothers in California will soon have stronger support for workplace lactation accommodation. Starting Jan. 1, 2020, employers must provide lactating mothers with a place that is private, secure and close to their workstation in order to pump. Additionally, the room must be equipped with a chair as well as a table or shelf to store their pumping equipment, along with access to electricity, running water and a refrigerator or cooler in which to store their milk. These must all be close to their workstation.

As our Los Angeles employment attorneys have been made aware, too many new mothers have been forced to express milk in a restroom, closet, vehicle or other location that isn’t ideal. Research shows that lack of a proper lactation space is especially a hardship among lower-income workers of color.

This new measure mandates companies to inform their workers of their right to express breast milk on-the-job, as well as provide the space and adequate time for it. Any violations of these rights must be reported to the state’s Labor Commissioner’s Office. Continue Reading ›

San Diego Paying $565,000 for Religious Discrimination, Retaliation

November 24, 2019 | by Nassiri Law

The City of San Diego is on the hook for $565,000 to a former employee who was reportedly demoted in retaliation for complaining about a supervisor who pressured him to become more religious and chastised him for being being a “non-believer” in the Christian faith.

According to The San Diego Union-Tribune, this same supervisor was the subject of complaints from other workers who were urged to attend church services, told non-believers would “go to hell” and expressed her view that those supporting same-sex marriages are not “children of God.”

The city’s lawyers agreed to settle the case rather than appeal an earlier federal jury verdict finding the city was liable for religious discrimination and retaliation, and ordering plaintiff’s damages and an award of attorney’s fees.

Evidence presented at trial showed that plaintiff filed a grievance against his supervisor for this overt religious pressure in the workplace, prompting an internal investigation. That investigation revealed the complaint had merit – but the city never took action against the supervisor. Instead, the city demoted the worker who filed the grievance, and then transferred him from the clerk’s office to the public utilities department. This new job site, he says, was far less desirable. On top of that, he was stripped of his supervisory title and left in a role with less upward mobility potential. Continue Reading ›

Legal Pitfalls for Employers Using Artificial Intelligence in Hiring Process

November 22, 2019 | by Nassiri Law

Hiring is an integral but time-consuming, expensive and often tedious process with which every company must contend. In looking for ways to cut down on exhausting searches, an increasing number of companies are turning to artificial intelligence (AI) systems to help more quickly identify qualified candidates. This can prove especially beneficial for firms that need to cut through a huge influx of potential applications.

However, there is growing concern that such AI application systems may be perpetuating some forms of discrimination, particularly age, gender and race. This is in spite of tech companies insisting that their systems are designed to root out long-existing human biases.

Last year, Amazon tested integrated machine-learning techniques on its recruiting platform. This was supposed to be a “smart tool” that could help managers pick ideal job candidates faster. However, after being fed a decade’s worth of resumes, the system began showing a clear bias toward male candidates. In troubleshooting, engineers with the company figured out that because most of the resumes were coming from male candidates, it made the “artificial intelligence” leap that male candidates were more desirable, and thus downgraded the ratings of female applicants. Engineers addressed this by editing the programs so that they included more gender neutral terms. However, that doesn’t mean these systems won’t still prove discriminatory – now and in the future. (Amazon decided to ax the project before fully launching it, perhaps realizing the potential legal liability landmine.)

It’s no leap to surmise similar discriminatory patterns could soon emerge.

If, for instance, a firm has a general tendency to hire fresh-out-of-college candidates, these systems could easily begin trending toward a younger workforce bias. Continue Reading ›