Orange County Employment Lawyers Blog

Protection Against Sexual Orientation Discrimination Extended in California

January 7, 2016 | by Nassiri Law

California laws provide protection from employment discrimination on the basis of sexual orientation. Sexual orientation is defined to include homosexuality, heterosexuality, and bisexuality. California law also prohibits discrimination on the basis of both gender and gender expression, which includes gender-related behaviors regardless of whether the behaviors are associate with the gender that someone has been assigned at birth.

While California laws prohibit employers from discrimination on the basis of sexual orientation, the federal government has not yet passed a law explicitly barring discrimination against people on the basis of homosexuality or sexual identity. Courts and administrative agencies, however, have continually expanded the protections available under federal law with the goal of ensuring that no one is deprived of opportunities on the basis of their LTBTQ status.

EEOC Warns of Discrimination Against Muslims

January 5, 2016 | by Nassiri Law

Recent tragedies in Paris and San Bernardino have given rise to concerns about a backlash against those who are perceived to be Muslim or about those who are perceived to be Middle Eastern. The Equal Opportunity Employment Commission has spoken out and released a statement remind employers and employees to be especially aware of potential illegal discriminatory behavior against vulnerable communities.

Employers must be aware of their obligations, not only to avoid discriminating in hiring, firing, promotions, and other terms and conditions of employment but also to make sure that workplaces do not become hostile environments for people who are perceived as Muslims. EEOC’s statement urges employees who have experienced discrimination to report the behavior both to the appropriate officials within their workplaces as well as to report the discriminatory behavior to the Equal Opportunity Employment Commission.

McDonalds Sued for Disability Discrimination by EEOC

January 3, 2016 | by Nassiri Law

McDonalds has been subject to lawsuits for a variety of different violations of employment law. One of the latest cases claims McDonald’s has engaged in disability discrimination. National Law Review reported on the case against McDonalds, which has been filed by the Equal Opportunity Employment Commission.

How to Make a Successful Hostile Work Environment Complaint

January 1, 2016 | by Nassiri Law

Anti-discrimination laws protect employees from discrimination due to their protected class. Obviously, this means an employee can take legal action if he is fired or not promoted because of race or religion, or if a supervisor engages in quid pro quo sexual harassment and tries to trade workplace benefits for sexual acts. These types of discrimination and wrongful behavior can clearly give rise to a legal claim.

There are other types of discrimination, however, which may be more subtle and more difficult to prove but which can be just as damaging– or even more damaging– than discrimination on the part of managers. For example, when a hostile work environment is created on the basis of an employee’s protected status, this can make going to work every day into a stressful and unpleasant experience.

Combating Age Discrimination in the Workplace

December 30, 2015 | by Nassiri Law

The Age Discrimination in Employment Act forbids employers from discriminating against workers who are 40 or older. While this law should ensure that older workers have equal opportunity with younger employers, unfortunately it can be a “difficult law to enforce,” according to U.S. News and World Report.

Many employees who are older report feeling as though they are passed over for job opportunities or promotions, and indicate that they believe employers are prejudiced against older workers. This has become an especially significant problem as technologies have advanced and as workers no longer stay with companies over the course of their whole careers but instead move around to different positions.

Push for $15 Minimum Wage Expected to Spread in 2015

December 26, 2015 | by Nassiri Law

Minimum wage laws have long provided important protections to workers by ensuring that every employee receives a fair amount of pay for a day’s work. Unfortunately, because minimum wage is not tied to inflation and because there are often political disagreements surrounding the raising of the minimum wage, the minimum wage metrics have not kept up with increases in productivity. Today, many people who make minimum wage struggle to earn enough to pay for basic necessities of life. This is true not just in places where the federal minimum wage applies, but also in places like California where there are higher wages but also significantly higher costs of living.

As people on minimum wage struggle to make enough money to support themselves and their families, there has been a growing national movement to raise the minimum wage to $15 per hour. There have been regional successes in this effort and USA Today reports that the $15 minimum wage could spread in 2016.

$15 Minimum Wage Could Spread to More Locations in 2016

California Laws on Company Vacation Policies

December 22, 2015 | by Nassiri Law

The start of a new year is often a time when workers start new jobs or get promotions. For employees moving into a new position, moving up in their workplace, or simply putting in another year of service, new benefits may be provided including vacation time. California has strict laws on employer vacation policies and companies need to ensure that they follow the rules. Workers also need to know what they are entitled to, because if an employer fails to follow guidelines for the creation of a legal vacation policy, workers may be able to take legal action.

Sam’s CEO Faces Allegations of Racism After Comments About Diversity in the Workplace

December 18, 2015 | by Nassiri Law

Wal-Mart has been sued multiple times over the years by employees alleging discrimination. As National Organization for Women explains, female workers are routinely paid less than male workers at Wal-Mart, with women in 2001 making as much as $5,200 less per year on average as compared with male workers. The history of discrimination led to the “largest class action gender discrimination lawsuit in U.S. history.”

With this history of legal trouble related to discriminatory actions, it should come as no surprise that Sam’s Club– which is a division of Wal-Mart– would be in trouble again for making statements considered discriminatory. What is surprising, however, is that this time the allegation is being made that the CEO is prejudiced not against women or minorities but against white men.

A statement made by the CEO of Sam’s Club has sparked arguments across the Internet and in print, and has prompted some to organize a boycott of the store because of comments that some view as discriminatory.

LA County Metro Aims to Hire more Female Workers

December 15, 2015 | by Nassiri Law

According to a recent news feature from the San Gabriel Valley Tribune, the Los Angeles Country Transportation Authority (Metro) is planning to do a lot of construction work in the near future, and they expect many of the new workers to be women.

Technically, Metro will not be doing any of the construction on the five new major rail projects, because they will be awarding bids to general contractors, and these contractors will then hire employees to do the actual work. However, Metro does control the contracting process, and the agreements all require general contractors to employ at least the minimum percentage of female workers as outlined in the agreement. They could, of course, hire more than the minimum number of female employees required, and that would be perfectly fine with Metro. Continue Reading ›

Employers Must Respond Promptly to Claims of Harassment to Reduce Liability Risks

December 14, 2015 | by Nassiri Law

When an employee makes a claim of harassment, the employer has an obligation to take action. Employers may become liable for the creation of a hostile work environment if the company does not have a mechanism in place for reporting problems and does not take allegations seriously. There is ample legal history demonstrating an employer’s failure to move forward with investigating claims of harassment can result in significant legal liability when employees are victimized.

One recent case out of a federal district court in Illinois, demonstrates just how important it is for employers to be serious about taking prompt action quickly after discrimination or harassment claims are made. While decisions made by Illinois district courts are not binding within California, California and federal laws apply to require prompt actions from companies within the state as well. This means California employers could be just as vulnerable to litigation and could face similar outcomes when they don’t take complaints seriously.