California Employment Lawyer Blog

Four members of the board at Hewlett-Packard Co. will step down in the wake of the company's handling of a sexual harassment complaint involving it's former CEO, the Los Angeles Times reported.

Our Orange County sexual harassment attorneys are frequently called to handle cases in which employees face illegal workplace harassment. While we have made strides as a society, women and minorities are unfortunately subjected to workplace harassment and discrimination far too often.

The Equal Employment Opportunity Commission reported job bias complaints hit a record-high of nearly 100,000 in 2010, including 29,029 based on sex and 35,890 based on race.

When it comes to sexual harassment, the EEOC handled 11,717 cases and collected nearly $50 million. A little more than 16 percent of those cases were filed by men.

Hewlett-Packard's board forced its former CEO to resign amid allegations of sexual harassment and expense-account abuses. The case stems from allegations by an independent contractor that the CEO sexually harassed her and falsified expense reports to cover up a relationship.

Among the incoming board members is Meg Whitman, the former CEO of EBay and losing candidate in last fall's California governor's race.

The Times reports the ouster of the board members is largely the result of the perception of rash decision making -- The CEO was forced to resign despite HP's determination that he did not violate the company's sexual harassment policy.

The company then attempted to sue to prevent him from becoming co-president or rival tech firm Oracle Corp.

Continue reading " Hewlett-Packard's board shaken up after sexual harassment complaint forces ouster of CEO " »

The Equal Employment Opportunity Commission received more workplace discrimination complaints last year than at any time in the agency's history.

Our Riverside employment lawyers understand how important it is for an employee to protect his or her rights, especially given the current economic environment. Employers have spent several years reducing costs, cutting staff, downsizing, and making other moves aimed at improving the bottom line. Employees who are wrongfully terminated may face a double-edge sword: Trouble finding a comparable position because of the economic climate, as well as the ramifications of not being able to use a previous employer as a positive reference.

The EEOC reports all major types of bias complaints increased, including those under Title VII, the Equal Pay Act, the Age Discrimination and Employment Act (ADEA) and the Americans with Disabilities Act (ADA).

Laws are in place to protect employees against sex discrimination, age discrimination, race discrimination and discrimination based on disabilities. However, it is incumbent upon them to seek the advice of an experienced attorney in order to protect their rights. Additionally, employees are protected from discrimination based on national origin. In 2010, they were also protected under the Genetic Information Nondiscrimination Act for the first time -- 201 charges were filed under that act.

For the first time, complaints of retaliation surpassed race-based complaints as the most-frequently filed charge. Race-based charges have been the most frequently filed charges since the EEOC began operation in 1965.

In all, the EEOC filed 250 lawsuits and settled 104,999 charges. It collected more than $404 million from employers, the most ever obtained administratively in a single year.

Total Charges in 2010: 99,922

Race: 35,890

Sex: 29,029

National Origin: 11,304

Religion: 3,790

Retaliation: 36,258

Age: 23,264

Disability: 25,165

Equal Pay Act: 1,044

Continue reading " Riverside employment lawyers note retaliation complaints surpass race-based complaints in 2010 " »

A wrongful termination lawsuit in Los Angeles has been filed by the former spokesman for the Los Angeles County Superior Court.

Our San Bernardino wrongful termination attorneys fight for the rights of clients who have been unjustly terminated from their jobs. In many cases, including those where tenure, or a municipal or union job is involved, an employee may have rights beyond the at-will employment arrangement. And, even when employment is at-will, employees have rights that prevent an employer from terminating them for reporting dangerous work conditions, discrimination, violation of employment laws and other unfair working conditions.

The Los Angeles Times reports the employee accuses court administrators of discriminating against him because of a long-time mental illness. He filed a formal complain last month with the Equal Employment Opportunities Commission, claiming he was fired after they learned of his "chronic severe depression." The suit says the condition had worsened and doctors recommended he take a second leave of absence in less than a year.

He claims he was fired after being placed on administrative leave for three weeks, over what he said were false allegations that he leaked information to TMZ, the gossip website.

His filing states that his lawyers disclosed that his mental condition had worsened and that he needed short-term disability leave. He was fired 10 days later.

State and federal law protects employees from disability discrimination in Orange County and elsewhere. Those who are discriminated against based on physical or mental disabilities may have a right to collect damages. In fact, California law provides that a disability need only "limit" a major life activity, not "substantially limit," as required under federal law. Therefore, more impairments will qualify for relieve under state law.

Continue reading " Los Angeles court employee files disability discrimination lawsuit over mental illness " »

A sexual harassment lawsuit in Westlake Village accuses the Four Seasons hotel manager with having a romantic relationship with a masseuse, to whom he allegedly gave special treatment, according to the Los Angeles Times.

Our Riverside employment attorneys understand how romantic relationships cal lead to complications in the workplace, particularly when a supervisor is involved with an employee. Frequently, such relationships lead to problems, both during the relationship and after romantic involvement ends.

The four-star hotels former lead massage therapist filed the suit, saying he was instructed in August 2009 to make sure certain massage therapists were not paid more than a masseuse who was having a romantic relationship with the general manager. He refused to comply and reported the issue to the hotel's human resources department. A month later, he was demoted and "constructively terminated" from his job, according to the lawsuit.

The lawsuit against the 270-room resort hotel was filed in Los Angeles County Superior Court and seeks general and punitive damages, as well as legal fees and costs. Allegations against the hotel include retaliation for reporting sexual harassment, defamation and wrongful termination.

The hotel opened in 2006 and includes gourmet restaurants, waterfalls and walking paths and a 40,000 square foot spa. It is one of fewer than 1 in 200 to be rated with five-diamonds by AAA.

Continue reading " Westlake Village sexual harassment suit alleges romance with boss lead to special treatment " »

As employee’s rights attorneys we are often asked, “should all employment discrimination Plaintiffs take their case to trial?” My answer is always the same, only if you think your chances are very good. Reading a recent article in the latest edition of California Lawyer, I believe in my own advice more now than ever. According to the magazine, a study by Northwestern University and the University of Chicago, of all the employment discrimination cases that go trial and average 2% result in a verdict more favorable to the Plaintiffs. This means that 98% of cases that go to trial end up with the employee not winning. (This study was mainly based on federal cases between 1988-2003.)

The same study also found that the median award to plaintiffs was $110,000 and the median settlement $30,000. Our Orange county sex discrimination attorney knows that the decision to go to trial or to settle is one of most important decisions a Plaintiff will make. Our attorney’s experience as a former general counsel to a public company means that he also knows what issues are considered by companies before they decide to make an offer to a former employee. Before deciding on whether to go to trial, our Orange County race discrimination attorney will research recent verdicts in the district where the case will be tried. This bit of information should always be considered when one is deciding on whether to take a case to trial or not.

If you or a loved one is the subject of racial discrimination at work, or you feel that you or a loved one is experiencing sex discrimination or sexual harassment, contact our Santa Ana discrimination attorneys for a free consultation. You can also contact our sister firm Criminal Defense Team for any questions for Orange county DUI attorney or related to criminal cases in San Bernardino.