Orange County Employment Lawyers Blog

California Legislature Setting Example for Sexual Harassment Policies

July 5, 2018 | by Nassiri Law

California Senate and Assembly members will soon have a new set of rules in place by which they will investigate sexual harassment complaints, according to Capital Public Radio. The policy was unanimously approved by the Joint Legislative Rules Committee and was based on guidelines created by Los Angeles County. It effectively replaces the two separate policies each house was operating under previously. New standards include creation of an investigative unit, whose members would collect evidence and interview witnesses in connection to all complaints, and an external panel, whose experts would make decisions based on the evidence and recommend potential consequences. The rules have seen some revisions in recent weeks, including adding the ability to report inappropriate behavior by third parties and lobbyists who regularly interact with government workers. This would be in addition to legislative employees and lawmakers already protected by and accountable to the policy. Furthermore, a majority of the outside panel experts will be appointed by chief justice of the California Supreme Court. The panel will act separately from legislative counsel, allowing for neutral recommendations.

Before we can truly trust lawmakers to hold others accountable, they must show themselves to be trustworthy enough to hold themselves accountable. This is as true as ever in the wake of the #MeToo and Time’s Up movements. The past year has been eye opening in regards to the amount of sexual harassment that is taking place in work places across the country, including government offices. Roughly 150 women working for the state signed an open letter in October 2017 describing a culture of harassment and abuse in California politics. Three lawmakers in the state have stepped down due to accusations since then. Even more shocking are how many reports are being swept under the rug. That’s why we are seeing new policies cropping up all over the place. Continue Reading ›

What About the Religious Rights of Teachers?

July 2, 2018 | by Nassiri Law

The question of religious liberties in schools is being pushed to the limits with a recent case out of the state of Washington. A former assistant coach at high school just outside of Seattle lost his job after he was asked to stop praying after football games on the field and he refused. He is now seeking help from the Supreme Court to overturn the 9th Circuit Court of Appeals‘s rejection of his appeal earlier this year. Plaintiff claims his religious and personal rights have been infringed upon by the district, according to Seattle Times.

The question boils down to where the line is for the personal rights of school employees when in the presence of students. It is well known that in public schools, school-sponsored prayer is not allowed, nor is the teaching of a religion. This would be a violation of the First Amendment of the U.S. Constitution, which prevents the passage of any law that would establish a religion. Schools are funded by tax dollars, making school employees government workers who are accountable to holding up constitutional liberties. Teaching about religions in general and their place in history is allowed. It is less clear, however, the ways in which public servants, including teachers, are allowed to express their personal religious beliefs.

The Supreme Court has addressed prayer in schools many times over. In 1962, the historic case of Engel v. Vitale arose when parents objected to prayer recitation at the beginning of the school day, even though it was voluntary. The court determined such a practice was unconstitutional because a state official was deciding on a religious message to share with students and encouraging its recitation. In 2000, the court ruled 6-3 in Santa Fe Independent School District v. Doe that prayer before a football game, even if led by students, was still the imposition of a religion at a school event in such a way that students who do not practice that religion would feel coerced into participation as a result of social pressures. Where, then, is the line between personal free speech and the enactment of a certain religion when it comes to students and teachers?

Immigration Crisis and Sexual Harassment Movement Collide

June 29, 2018 | by Nassiri Law

As any good sexual harassment attorney knows, one of the biggest deterrents to victims coming forward with their stories is fear of retaliation and the effects it can have on their careers and well-beings. This issue is compounded infinitely for immigrant families, who not only fear risking their careers, but their entire way of life, their homes, the potential of deportation, and possible separation from their families. Even those who are in the process of becoming a legal citizen are fearful causing waves could put their citizenship in jeopardy. Sexual harassment, discrimination, and assault in the workplace is scary enough, but these personal ramifications add an exclamation point to the end of an already very frightening sentence.

The fear of deportation, even for those who are following all the rules and are actively seeking citizenship, has increased significantly recently with the current administration making a very public example of non-Americans. Attorney General Jeff Sessions in recent months invoked a “no tolerance” policy when it comes to people crossing the border from Mexico, offering little room to differentiate between asylum seekers and those committing violent crimes or trafficking drugs. This has created an environment where those already in the country tend to lay low, keep quiet, and hold their breaths to see what happens next.

Trump Golf Course Workers in LA County File Suit over Ballot Measure

June 26, 2018 | by Nassiri Law

According to a recent news report from the Los Angeles Times, workers at a golf course owned by President Donald J. Trump’s family business, and the workers of another luxury resort nearby have, through their union representation, filed a lawsuit against the city clerk after their proposed ballot initiation was not placed on the staff meeting for the upcoming meeting required to allow the measure on the November 2018 ballot.

This ballot measure would require all employees who work in remote areas of the property, or who are working alone, to be provided with panic buttons they could activate if they were the target of a sexual assault or in some other type of danger. The ballot measure would also require the employees to be paid at least a $15 per hour minimum wage as well as the provision of other related benefits. Continue Reading ›

Resort Workers Protest in Orange County to Increase Wages

June 23, 2018 | by Nassiri Law

According to a recent news article from CBS Local Los Angeles, workers at Disneyland Resort are organizing demonstrations to protest what they are calling unfairly low wages. This demonstration involves a protest outside of the resort and the presentment of a petition to the company CEO demanding higher wages for their hard work for the amusement park.

A representative for the workers said their petition contains over 117,000 signatures and it began circulating when United States Senator Bernie Sanders was in Anaheim to discuss the wage issue there and other wage issues across the nation. Higher wages for working Americans has been one of the main issues for Mr. Sanders during his bid for the 2016 Democratic presidential nomination and he has continued his efforts on this front as a senator when he lost in primaries to Hillary Clinton. Continue Reading ›

Pregnancy Discrimination on the Rise in Workplaces

June 20, 2018 | by Nassiri Law

Right now, more mothers are joining the workforce than any time in history. In addition, there is a growing trend of friendlier office policies geared toward families in general and mothers in particular. Why then are there still an alarming amount of cases where pregnant women report enduring discrimination and unfair treatment? The Equal Employment Opportunity Commission has collected a gradually increasing number of pregnancy discrimination claims over the years, and officials say the number is approaching a record high.

The New York Times delved into the issue recently and discovered an unsettling pattern of discrimination that still flows beneath the surface, even at large and reputable companies. Big names on the list include Walmart, Whole Foods, AT&T, and 21st Century Fox, all of which, as the article pointed out, have grand statements about being champions of women in their communications.

Women in all kinds of careers have anecdotes to share. Our employment attorneys know labor jobs can often have more blatant discrimination. Examples include refusals to allow pregnant women accommodations they need to complete their work, no leniency for breaks, refusal to adjust demands due to physical limitations, and series of micro-aggressions, like not allowing them to have water on the work floor. Continue Reading ›

Employees’ Right to Organize Plays Role in Moonlighting Case

June 17, 2018 | by Nassiri Law

Employers have long tried to figure out ways to control their employees not only while they are on the clock, but also during their personal time. Joining a company can sometimes feel like a way of life rather than a way to earn income to sustain yourself. The latest way employers are overstepping their bounds is through “moonlighting” bans, or rules restricting employees who want to take on a second job. The National Labor Relations Board, however, recently struck down one such ban, sending a message to other employers across the country.

This is a major victory for employees, who already have more than enough burdens to carry. Our employment lawyers know if someone is taking on a second job, it is almost always because they are in need of more cash in order to make ends meet. The last thing workers should have to worry about is whether taking on additional work to provide for their families will jeopardize their first source of income.

An NLRB administrative law judge recently ruled on a company policy that put undue restrictions on the type of second job an employee could take on. Limitations imposed by the company stated that the job could not be inconsistent with the company’s interests and could not reflect poorly on the company’s public image. While the company argued the policy was meant to prevent employees from working for competitors, the judge rightly countered that insisting employees put company interests first even in their free time had the potential to infringe on unions, whose interests would serve other employees rather than the company. Whether intentional or not, the wording would affect workers’ right to organize, and thus those parts of the policy were struck down. Continue Reading ›

Veterans’ Affairs Tops Federal List of Reported Sexual Harassment

June 15, 2018 | by Nassiri Law

In light of increased awareness of sexual harassment and misconduct in the workplace, investigations and policy revisions are happening all over the country. One congresswoman is sounding the alarm in the Department of Veterans Affairs in particular after survey numbers showed reports of sexual harassment there were higher than average across departments in the federal government. Of female respondents, 26 percent said they had experienced sexual harassment, and 14 percent of male respondents between 2014 and 2016, according to a report from Stars and Stripes. In fact, VA respondents reported the highest rates of sexual harassment, with Department of Homeland Security coming in second. This compares to 21 percent of women and 9 percent of men across federal departments as a whole. The survey collected data on a variety of behaviors, ranging from teasing to stalking and sexual assault. Gender harassment led the survey in reported incidents, with unwanted sexual attention and sexual coercion following behind.

Rep. Annie Kuster (D-NH), ranking Democrat on the Veterans’s Affairs subcommittee on oversight and investigations, has called on the chairman of the subcommittee to hold a congressional oversight hearing on the matter. Her response came on the heels of findings being released by the Merit Systems Protection Board, an independent group that is housed within the executive branch whose mission is to protect the rights of government workers. 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 ›

Sexual Harassment Bad for Business and Taxpayers

June 12, 2018 | by Nassiri Law

Not only is sexual harassment in the workplace illegal, but it also is costing a significant amount of money. The influx of reports of sexual misconduct has led journalists and investigators to dig into the scope of these behaviors. What they have found is a trail of monetary payoffs and cover-ups over the years that have kept accusers silent and cost states and businesses a sizeable amount of money. California, despite having many protections, may be one of the biggest offenders.

The News Journal in Delaware recently revealed sexual misconduct payoffs over the past decade cost the state $663,000, plus the costs of litigation. Cases were filed alleging sexual harassment, misconduct, and discrimination across a variety of departments. Totals in other states varied pretty widely. Florida tallied $11 million in settlements, but that was over a 30-year period. Investigations in New York revealed at least $5 million in payouts from 2008-2010. Continue Reading ›