California Employment Lawyer Blog

Former General Manager of the Los Angeles Clippers continues his fight against the team in a Los Angeles race and age-discrimination lawsuit. Baylor claims he was "positioned to take responsibility for the [team's] losses," according to the Los Angeles Times.

With the recent downfall in the economy companies continue to downsize veteran help in favor of cheaper labor and look for other ways to save money -- which may include paying a woman less for the same job. Our San Bernardino employment lawyers are seeing an increase in cases involving age, race and sex discrimination in Los Angeles and the surrounding areas. Consulting an attorney is highly recommended when an employee believes he or she is facing discrimination in the workplace. Too often, employees ignore these actions and suffer without seeking justice and proper compensation.

Clippers officials claim that Baylor resigned in 2008 after being their GM for 22 years. But Baylor claims that he was unjustly cut from the team because of his race and age, as we reported in our previous California Employment Blog about the case. In addition to his age discrimination suit against the Clippers, Baylor is also seeking compensation for his claim of being underpaid as a general manager of an NBA team.

"The Clippers already had a reputation as a horrible franchise" when Baylor, a former Lakers star, took over the Clippers player-personnel duties in 1986, Alvin J. Pittman said, Baylor's attorney. "Whereas the Lakers had ownership showing an interest in winning, Mr. Baylor accepted a position that was challenging, a team that has a tradition of losing and unwilling to pay or re-sign key players," said the LA Times.

Former GM Baylor, 76, is still claiming he was a victim of age discrimination, while the Clippers continue to deny the allegations. During a hearing, a memo was shown to the jury of seven men and five women. The memo, written by current team President Andy Roeser, stating, "Elgin's not getting any younger."

Baylor was named NBA Executive of the Year in 2005-06 when the team reached the semifinals for the first time since the 1975-76 season. The NBA is also named in the lawsuit, as it alleges the league condoned the discrimination by virtue of knowing the general manager salaries of other teams in the league. Baylor claims he was underpaid, making roughly $350,000 a year which is much less than other GM's.

Discrimination in the workplace is a serious offense with consequences that affect all parties. It is important to consult an experienced attorney when it comes to fighting for your rights in the workplace and protecting the financial well-being of you and your family.

Continue reading " Eglin Baylor Continues Fight Against Clippers in California Discrimination Lawsuit " »

A single discrimination lawsuit against Wal-Mart has become one of the largest job-discrimination cases in U.S. history, reports the LA Times. With stories from female employees claiming they've been passed over for promotions because of they're sex, Berkeley versus Bentonville begins. The case affects nearly two-million women and is putting tens of billions of company dollars at risk.

Our San Bernardino discrimination lawyers understand that while we'd like to keep good-faith in companies, unfortunately there are instances when an employee is treated unfairly and discriminated against.

In some cases, unfair labor practices may be company wide. In other cases, a discrimination lawsuit in Orange County, Riverside or elsewhere in Southern California may be filed as a result of working conditions specific to a single store or involving a single manager. It is important to step forward and contact an attorney to fight for equal rights.

In our previous California Employment Lawyer Blog when we first told you about this suit, we stated that Wal-Mart claims to have no difference in pay between men and woman at 90 percent of their stores. They also stated that their hiring policy is determined locally, not as a company-wide decision.

The court will be determining if nearly 1.6 million current and former Wal-Mart employees can in fact claim discrimination within the company -- en masse, as part of a class action lawsuit. The discrimination is said to have been taking place for last ten years. Detractors of the suit claim it will be open season for employment suits against large national corporations if the court permits the behemoth complaint to go forward.

The company's lawyers point out the suit now speaks for more women than the combined total of active-duty personnel in the U.S. Army, Air Force, Marines, Navy and Coast Guard, reports the LA Times. The Times also reports that there are “significant deficiencies in the company’s policies and practices for identifying and eliminating barriers to equal employment opportunity at Walmart.”

"To prove these cases, you rely on statistics. And now all the records are electronic. It's all there at a keystroke," said Brad Seligman, a civil rights lawyer.

Yet, if the allegations are true, it is up to these women to step up, stand together and speak out to make sure they're heard and demand equal treatment in the workplace.

"Performance reviews that feature rigorous, detailed criteria and that are regularly scheduled, taken seriously, and conspicuously tied to compensation and advancement are a critically important factor for easing gender bias," said Lauren Rikleen, in her book 'Ending the Gauntlet, Removing Barriers to Women’s Success in the Law,'

Continue reading " Wal-Mart Class Action Employment Discrimination Lawsuit a Landmark Case for California, Nation " »

FOX Business published an informative article on sexual harassment in the workplace. It is as important for employers to understand their rights and obligations when it comes to preventing sexual harassment, as it is for employees to know their options when victimized.

Our Riverside employment attorneys understand employees may be reluctant to come forward, particularly in today's tough job market. And in many cases what starts out as relatively innocent banter or flirtation, may evolve into something uncomfortable. Often an employee may feel he or she is powerless to complain after initially permitting such behavior. And it is not always she -- men are more frequently becoming victims of sexual harassment in the workplace.

Thus, it is always the employers responsibility to set clear boundaries and see that they are enforced.

Too often, sexual harassment also involves sexual discrimination or denial of an employee's opportunities to advance based on their rejection of sexual advances.

Sexual Harassment: Under Title VII of the U.S. Civil Rights Act of 1964 whenever an employee is unfairly treated because of gender. Federal law generally applies to businesses with 15 or more employees.

Quid pro quo harassment: Occurs when promotions or job advancements are linked to whether or not an employee submits to sexual advances.

Hostile work environment: This is often the busiest, and grayest, area of law these days and involves an employee who feels uncomfortable about the sexual banter or sexually charged comments in the workplace.

Employees have an obligation to proactively address complaints. An office environment where sexual harassment is not properly addressed will typically lead to low morale and increased turnover. And the legal consequences can be severe: the average jury award in a sexual harassment lawsuit is more than $200,000.

One rogue manager can put a business at risk. Employers need a clear, written sexual harassment policy and must enforce it uniformly. Such guidelines should include a person or persons within the company who are designated to receive complaints. The chain of command that will handle the complaint and the procedures for doing so.

Continue reading " Sexual Harassment Policy Critical to Fostering Proper Work Environment in Orange County " »

The U.S. Supreme Court has ruled that an employment discrimination lawsuit in San Bernardino may be brought for actions of any supervisor -- not just a company's top decision maker.

Our Orange County employment attorneys note the illegal discrimination must be found to be a "motivating factor" in the supervisor's actions. Common factors in employment discrimination are age, race and sex. Federal and state law prohibits employers from discriminating against employees or potential employees.

The Los Angeles Times reports the nation's high court voted unanimously to support a broad approach in employment discrimination cases, after more than a decade of lower court indecision over whether such cases should focus only on the supervisor with hiring and firing power, or on other supervisors who may have influenced the outcome.

The court's decision restored a $57,640 verdict awarded to an Army reservist who was fired from his job as a medical technician at Proctor Hospital. He claimed two of his supervisors were biased against him because of weekend absences to fulfill military obligations. He was ultimately dismissed from his position and sued under the Uniformed Services Employment and Reemployment Act of 1994, which forbids discrimination against employees because of military duties.

An appeals court had dismissed the case, saying the firing decision was made by a vice president of human resources, and therefore the comments of immediate supervisors regarding the employee's military duty should not have been taken into account.

The case is Staub v. Proctor Hospital.

Continue reading " Supreme Court rules employees broadly protected in employment discrimination cases in San Bernardino and elsewhere " »