Orange County Employment Lawyers Blog

Recognizing the Types of California Workplace Discrimination

May 29, 2019 | by Nassiri Law

Although many people have heard the phrase, “workplace discrimination,” not everyone recognizes exactly what it is – and what it is not. It goes beyond simply having a boss or colleagues who are unpleasant or mean.

Employment discrimination occurs when either a job applicants or employee is not treated fairly because of his or her disability, gender, age, religion, national origin, skin color/race. It can also involve retaliation against an employee who attempts to assert his or her rights under these laws.

Employer discrimination is illegal under laws such as Title VII of the Civil Rights Act of 1964 and the Age Discrimination and Employment Act of 1967 (ADEA), and it applies to any aspect of employment. That means it’s not just hiring and firing, but can apply to situations involving transfer/shift reassignment, disparate wages, demotion, promotion, benefits, reducing one’s hours or clipping one’s pay.

So for example, a company that systematically only offers white workers certain opportunities that lead to promotion, employees of color may have grounds to take action. Employers who consistently give younger workers the choice assignments, clients or travel opportunities may find themselves justly facing an age discrimination claim by an older employee. Continue Reading ›

California Sexual Harassment Reports Higher Than Average

May 27, 2019 | by Nassiri Law

In California, the incidence rate of sexual harassment is approximately 5 percent higher for women and 10 percent higher for men compared to the national average. Those at increased risk include:

Immigrants
Gay
Lesbian
Transgender

That’s according to The University of California San Diego School of Medicine’s Center for Gender Equity and Health and a non-profit dedicated to prevention of sexual assault.

The fact that California led the country on the #MeToo and #TimesUp movements makes the report findings somewhat surprising, except when you consider that we’re talking about reported cases. We live in a state where awareness has been prioritized, and that means an increasing number of workers know their rights – and are committed to fighting for them. Continue Reading ›

The Fight for LGBT Worker Rights: California and Beyond

May 23, 2019 | by Nassiri Law

Protection from workplace discrimination has expanded ten-fold in the last 70 year, reflective of our cultural progress within that time. Women, people of color, those of all faiths, ages and nationalities – are shielded under state and federal statutes from adverse employment action on these bases.

Yet even as this year marks the 50th anniversary of the Stonewall Riots, gay, lesbian, bisexual and transgender individuals still are entitled to the fewest employment protections under the law. California, at least, is known as one of if not the most LGBT-friendly states for workers whose sexuality or gender identity does not adhere to “traditional” norms.

The California Fair Housing and Employment Act expressly protects workers and applicants on the basis of sexual orientation, gender identity and gender expression. Federal law, unfortunately, does not, and many states don’t have the supplemental protections that California enjoys.

That doesn’t mean of course that workers still don’t face these challenges, but with an experienced LGBT employment discrimination attorney to help fight back, your odds of success are much more favorable. Continue Reading ›

Age Discrimination Attorney Analysis – The Damage of Lesser Damages

May 20, 2019 | by Nassiri Law

Age discrimination claims are among the most prevalent in the workforce. Yet the amount of money awarded to plaintiffs in these claims is, on the whole, less than one can expect for those involving religious or gender discrimination cases.

The effect as noted by age discrimination lawyers and elder advocacy experts is that not only are individuals deprived of justice, but these claims fail to serve as the deterrent the way lawmakers intended.

What Makes Workplace Age Discrimination Different?

A few different factors at play here: Continue Reading ›

Age Discrimination Of Older Workers Could Soon Be Easier to Prove

May 17, 2019 | by Nassiri Law

Although age discrimination is known to be extremely prevalent in California and throughout the country, it’s one of the harder cases to prove in employment litigation. It is one of the only protected classes listed under federal Title VII discrimination that doesn’t require the official EEOC sign-of to sue. (Claims can also be filed under the Age Discrimination in Employment Act.)

What really through a kink in the wrench of workers in these have to show that age was the employer’s prime motivation behind adverse employment action (hiring, firing, demotion, discipline, transfer, denial of benefits/perks, etc.). Because employer knew they only needed to come up with one other plausible, non-discriminatory reason for the action, the plaintiff would have difficulty making a case.

Now, a U.S. Senate Bill with bipartisan support would reverse that ruling, Gross v. FBL Financial Services, and make it so that workers wouldn’t have to prove discrimination based on age was the prevailing reason employer took the adverse action they did. Instead, they could prove discrimination based on age was one factor in the decision to fire, discipline, transfer, demote or not hire in the first place.

California Employee Retaliation Case Threatens to Slash Worker Protection Nationally

May 15, 2019 | by Nassiri Law

Los Angeles employment lawyers have been carefully watching developments in a California workplace retaliation lawsuit that raises new questions about the scope of protections afforded under federal labor laws. This could potentially endanger these protections – not only here in the Golden State, but across the country – if the National Labor Relations Board sides with the construction company employer in the dispute.

Many employment law attorneys and scholars agree that a core safety net in all labor statutes – state and federal – is the understanding that litigation is a protected activity. This principle forms the foundation of labor laws that prohibit employers from retaliating against employees for filing a lawsuit for things like unlawful discrimination or wage and hour violations.

Relying on New U.S. Supreme Court Precedent

More Gender Discrimination Claims Against Wal-Mart

May 14, 2019 | by Nassiri Law

This move comes after a legal technicality resulted in the dismissal of a gender inequality class action lawsuit brought by some 1,800 plaintiffs. Our Los Angeles gender discrimination lawyers know that it was not on merit that this case, filed in 2001, was dismissed in 2011.

But for many of those women, justice may never come. Some, including the primary plaintiff, are dead. Others have seen the statute of limitations run out on their claims. Some have been granted exception on those time limits since the case was reversed

The lead plaintiff lawyer in this case represented many of the others.

“We have unfinished business that we are determined to see to the end,” she told Law.com.

Workers Allege Felony Records Make Them a Target Racial Discrimination

May 13, 2019 | by Nassiri Law

When a warehouse in Illinois employing some 600 workers was bought out by a giant retailer, employees were informed they would get raises and a sizable boost in benefits. Instead, some 200 of them – all African Americans, all with criminal histories – were fired. Now, many are alleging racial discrimination by their new employer.

Some of these individuals had worked years at the facility, their felony backgrounds not having been an issue previously. They are suing for racial discrimination in employment.

Many of those with felony convictions are confused about their employment rights. Some applicants and employees assume that such action is allowed and part of their “punishment.” Although it is true that some adverse treatment against applicants in hiring or in reorganization. What is not lawful, per Title VII of the Civil Rights Act of 1964, is disparate treatment or impact to individuals in a protected class using the felony conviction as a vehicle.

Invisible Disabilities and Workplace Discrimination in California

May 11, 2019 | by Nassiri Law

When it comes to disability discrimination in the workplace, many presume it is for the obvious or perceived disabilities – a genetic condition like Down syndrome or a traumatic injury that leaves one scarred or with lower physical capacity. Los Angeles disability discrimination lawyers, however, know that invisible disabilities can affect individuals too.

Workplace discrimination for these conditions usually comes in the form of assumptions of one’s ability based on stigma or the failure to understand why certain conditions require the treatment they do.

Some of the workplace disability cases our employment attorneys have taken on include:

Mild traumatic brain injuries
Attention hyperactivity disorder
Dyslexia
Fibromyalgia
Lupus
High-functioning autism
Multiple sclerosis
Heart problems

Workers with disabilities are protected against workplace discrimination by two primary federal laws: The Americans With Disabilities Act and the Rehabilitation Act of 1973. In order to be covered by these protections, workers are required to disclose their disabilities, which we realize can be a tough decision. The truth of the matter is, discrimination often follows disclosure.

Invisible disability can impact both a person’s employment and financial future. Continue Reading ›

California Overtime Pay Lawsuit Accuses Chain of Wage Theft

May 8, 2019 | by Nassiri Law

California law requires workers be paid overtime provided they are non-exempt salaried workers and log more than 40 hours in a given week.

As noted by the California Department of Industrial Relations, the rate of overtime pay is 1.5 times one’s normal wages for every hour over 40, or all hours in excess of 8 in a given workday. Any hours in excess of 12 in a given workday must be paid at double the rate. With very few exceptions (based on the size of the company and traits of the industry) these are the rules.

California Wage Theft Alleged by Grocery Store Worker

Unfortunately, as our Orange County employment attorneys know, far too many employers skirt these rules. A wage and hour lawsuit recently filed against a grocery store chain in Berkley alleges the company systematically denied at least 50 of its workers fair overtime wages. The Daily Californian reports the worker has sought class action status for his claim, alleging numerous wage-and-hour law violations. Continue Reading ›