Orange County Employment Lawyers Blog

California Democrats Seek Internal Sexual Harassment Accountability

January 5, 2018 | by Nassiri Law

The current movement of women challenging the status quo and dragging sexual harassment into the spotlight famously started in California with accusations against top Hollywood producer Harvey Weinstein. These revelations have caused a ripple effect, not only through Hollywood, but across the country in all industries.

Recently California has become the center of discussion once again, with state Democrats coming under fire amidst a storm of sexual harassment allegations and rallying cries among party members for internal investigations and accountability, according to an article from Politico.

While evidence of wrongdoing has led to public hearings, the hiring of two law firms to investigate accusations, and the resignation of two state assemblymen (with more under investigation), it also has caused turmoil among the party. Democrats in California will lose their Assembly supermajority temporarily this year due to the resignations, and while those seats are expected to go to new Democrats, all eyes are on the 2018 elections and how this will affect the state legislature’s future.

Some party members are quick to point out the good some of the accused have done for women’s rights through policy and advocacy, while others are adamant it is time to clean house and make a loud and clear statement that there is no room for sexual harassers and assailants among the state’s top leadership. Continue Reading ›

Employment Discrimination Increases for LGBTQ People of Color

January 3, 2018 | by Nassiri Law

For many California residents, employment discrimination is an all too common part of life, with experiences ranging from subtle biases to outright threats, violence or loss of opportunities to advance.

Certain groups receive the brunt of this treatment more than others: Women, the elderly, people of color, LGBTQ community members, those from certain foreign nations or followers of some religions. But the discrimination compounds for people who fit more than one of these categories. This inter-sectional discrimination can be seen in particular among people in a racial minority group as well as the LGBTQ community.

According to a recent poll by the Harvard T.H. Chan School of Public Health, NPR, and the Robert Wood Johnson Foundation, people of color said they had been discriminated against at twice the rate as white respondents for being LGBTQ when applying for jobs, as well as in police interactions. Continue Reading ›

Employee Misclassification Cases Hitting Gig Economy Where it Hurts

December 31, 2017 | by Nassiri Law

“Gig” employment, also known as the, “sharing economy,” has exploded across the country, with increasingly more services following in the footsteps of the likes of Uber and Grubhub. These businesses often use apps to connect workers with customers for one-time services. These companies amass an eager base of workers who sign up for shifts as able, delivering groceries, transporting passengers, and more.

Many workers view gig employment as a flexible and easy way to earn extra money, while employers view it as a cheap way to staff a robust labor pool.

However this dynamic has led to a growing number of employee misclassification lawsuits as the debate comes to a boil as to whether these workers are independent contactors or employees (with all the rights that employees receive). Continue Reading ›

Influx of Cannabis Businesses Vulnerable to Sexual Harassment Incidents

December 27, 2017 | by Nassiri Law

The increase of the presence of the marijuana industry in California and states around the country has boosted economies and bolstered tax revenues. The potential for big profits has caused dispensaries and other marijuana-related businesses to pop up everywhere it has become legal.

This surge of new businesses has some potentially negative ramifications, though, mostly in regards to proper employee relations and the potential for more sexual harassment incidents.

According to a survey by New Frontier Data, 27 percent of people surveyed said they have witnessed sexual harassment in some way in the cannabis industry. And 18% said they had personally experienced harassment. Further, a third of respondents said that they knew someone who had been sexually harassed in the industry. Continue Reading ›

Wrongful Termination Suit Brings Whistleblower Retaliation to Forefront

December 24, 2017 | by Nassiri Law

California is an at-will employment state, which means employees can be fired for any reason and with no warning. There are however some exceptions to the rule that would categorize such dismissals as a wrongful termination.

Some examples include if there was an agreement that required good cause for termination or if there was discrimination against a protected class. According to the California Labor Code Section 1102.5, an employer is also forbidden from firing an employee for refusing to commit an illegal act. Likewise, it is illegal for an employer to retaliate against an employee by terminating them for reporting such illegal activities. Such exceptions are essential to maintain laws and to protect whistleblowers who risk their livelihoods to come forward.

Whistleblower retaliation can be difficult to prove without proper guidance. If this sounds like something you have experienced on the job, it is important to seek assistance from a knowledgeable employment attorney who can counsel you on your rights and if there is a case for a lawsuit. Continue Reading ›

State of California Sues Janitorial Company for Wage Theft

December 21, 2017 | by Nassiri Law

A janitorial company in Anaheim is being sued by the state of California for allegedly paying some 150 works just $400 monthly in wages over the past four years. As the Orange County Register reports, that is far below the minimum wage, which is why California Attorney General Xavier Becerra reports the firm has become a top priority for his office.

The janitorial firm reportedly serves an estimated 80 major retailers throughout Southern California, including Toys R Us, Burlington Coat Factory and JoAnne’s Fabrics. These retailers, however, are not accused of any wrongdoing because they contract the work to a Pennsylvania-based firm that specializes in subcontracting such services. As our employment law attorneys can explain, this kind of subcontracting arrangement is typical in the retail sector as well as others, as it shields them from wage-and-hour lawsuits. Wage theft and other claims are common in these industries, and affected workers range from janitors (as in this case) to garment workers.

But while the retailers did not directly employ the workers, Becerra was quoted by the Register as saying he hopes the lawsuit puts large retailers and other firms on notice about such practices. Even if workers aren’t getting a paycheck from the retailer, they are still working within their facilities and in furtherance of their business, and that may be grounds to establish some level of responsibility. Continue Reading ›

New Father Alleges Employer Committed Pregnancy Discrimination Against Him

December 17, 2017 | by Nassiri Law

Pregnancy discrimination has always been, somewhat unavoidably, an issue strictly affecting women, as the only gender able to become pregnant. However, a pregnancy discrimination lawsuit out of San Luis Obispo is challenging that notion.

SanLuisObispo.com reports plaintiff is a former high school counselor whose contract was not renewed – despite initially very positive evaluations of his work – after his wife gave birth to twins. The former counselor and new father said shortly after word of his wife’s pregnancy became common knowledge, his supervisor began making negative remarks about the news.

He’d been hired in the summer of 2015 for what was to be a one-year contract, with a shot at a permanent position if it went well. A month after landing the job, he learned his wife was pregnant, and two months after that, he told a co-worker. His supervisor allegedly made statements to the effect plaintiff would not be able to afford to care for his family and inquired about his wife’s stay-at-home lifestyle. At an evaluation meeting a couple of months later, he received positive reviews. Continue Reading ›

California Disability Discrimination Lawsuit Yields $4.8M Verdict

December 15, 2017 | by Nassiri Law

A jury in Los Angeles awarded a former police officer in South Pasedena $4.8 million following a two-week trial involving allegations of wrongful termination and disability discrimination.

The Los Angeles Times reported the 18-year veteran on the force was fired for alleged dishonesty, but jurors agreed with him that the true reason was his diagnosis of attention-deficit/ hyperactive disorder (ADHD). The former chief of police (who retired prior to plaintiff’s termination) described plaintiff not only as a good man, but as the “best” on the force when it came to community policing. However, the chief said the city refused to allow plaintiff reasonable accommodations when it came to the challenges he faced when writing reports due to his condition. The former top cop also testified his replacement in that role was supportive of the recommendation made by a captain on the force who had been campaigning to have plaintiff fired.

The California Department of Fair Housing and Employment states in 2CCR Section 11065 that the term “disability” as it relates to employees is intended to be broadly construed, and can mean mental disabilities (including conditions like autism spectrum disorders, bipolar disorders and PTSD), physical disabilities that limit major life activities or impact one or more major body systems. It can also mean conditions like blindness, deafness, partially or wholly missing limbs, mobility impairments, HIV/AIDS, epilepsy, diabetes and other conditions. The list isn’t meant to be exhaustive, but but it does exclude conditions like substance abuse disorders, gambling, sexual behavior disorders or mild conditions like sprains, strains, the flue, etc. One can also be protected from having “perceived disability,” meaning the worker is regarded or treated as having a mental or physical condition or adverse genetic information.

As our disability discrimination attorneys know, state law requires employers to provide reasonable accommodations to workers or applicants who have a disability, unless doing so would result in an “undue hardship” – either expense or significant difficulty – for the employer. Continue Reading ›

Sexual Harassment Accusers Say California Capitol Fails Victims

December 13, 2017 | by Nassiri Law

A number of lobbyists, lawyers and staffers of the California Capitol urged state legislators to make changes in the way the state Assembly keeps track of and handles claims of sexual harassment. At the present time, it’s alleged the procedures are confusing, arbitrarily enforced and often result in worse outcomes for victims as opposed to those are carrying out the abuse.

Calls for this action were heard during a five-hour committee meeting, which was the first in either of the state’s legislative bodies to weigh the existing internal policies for sexual harassment misconduct. Although the decisions won’t necessarily have a direct impact on private sector workers, policies and procedures with the Capitol are often viewed as a model and a standard. Other companies will carefully look at how the legislators govern themselves when drafting their own sexual harassment policies.

Although our sexual harassment lawyers in Riverside have been on the forefront of this issue for years, it’s one that has gained enormous traction this year, one that has brought decades-old allegations to light and brought down extremely powerful men, from media moguls to Hollywood producers to politicians. Although it’s been a shock to our collective conscious to see the many millions of people (women in particular) in California, the U.S. and throughout the world joint the #MeToo movement, many women and those who have been fighting for their rights know the prevalence wasn’t all that shocking. It seems almost every woman, if not at some point personally a victim of sexual harassment, has seen it happen or knows someone who was targeted. Continue Reading ›

U.S. Supreme Court Declines to Hear LGBT Work Discrimination Appeal

December 12, 2017 | by Nassiri Law

In a disappointing move for supporters of LGBT civil rights, the U.S. Supreme Court turned down the opportunity to weigh an appeal by a security guard in Georgia who alleged she was harassed at work and ultimately forced to resign due to her sexuality. This refusal to hear the case means the court means there will be no review of federal law and interpretation as to whether laws against gender-based bias also protect lesbian, gay bisexual and transgender individuals for their sexual orientation.

It also means that the ruling issued by the U.S. Court of Appeals for the 11th Circuit earlier this year. Had the highest court in the land chosen to review it, such a ruling might have settled the question that has been divided several lower courts: Does Title VII, banning gender discrimination, also protect people on the basis of their sexual orientation. Title VII does bar discrimination against workers based on religion, race, color and national origin, but makes no specific mention of sexual orientation. A number of states (including California) have enacted laws that protect LGBT workers, but at the federal level, there is no such guaranteed protection.

Five years ago, the U.S. Equal Employment Opportunity Commission, which enforces Title VII, began arguing that discrimination against LGBT employees is a violation of federal law. But that was a position taken under the Obama administration. This last summer, Trump administration officials argued the very opposite in the case of a skydiving instructor who lost his job after revealing to a customer he was gay. A ruling on that case is still pending. Continue Reading ›