California Employment Lawyer Blog

The U.S. Supreme Court in Wal-Mart Stores, Inc. V. Dukes recently ruled that a class-action lawsuit made of 1.5 million female Wal-Mart workers can't proceed because the plaintiffs haven't shown justification for class-action status.

Orange County Employment Lawyers believe this is another slap in the face to workers who stand up to their companies over discrimination issues. Discrimination in California, whether because of gender, age, race, religion, sexual orientation or other reasons, is unacceptable and unlawful. If you have been discriminated against or retaliated against at work, call our law firm today.

In the Wal-Mart case, the Supreme Court decided 5-4 that the plaintiffs, which could be more than a million female workers, past and present, hadn't shown the company operated under a "general policy of discrimination," according to justices. The court ruled that they haven't shown that Wal-Mart, given its significant size of more than 4,300 stores, has a policy that every manager followed to discriminate against women.

The issue was whether 1.6 million current and former female employees could make a unified claim of systematic discrimination over the last decade, CNN reported. The plaintiffs alleged women were paid less than men and sought back pay and punitive damages. The lawsuit originated in Pittsburg, California, which is outside Oakland, by Betty Dukes, a greeter at a Wal-Mart store there.

While this is discouraging news, the justices only ruled on whether the original lawsuit can be handled as a class action, leaving open the possibility that more than a million individual cases will be filed in courts across the country, including in Orange County.

Women have been fighting for equal pay for years and large corporations are sometimes guilty of discriminating against people based on many different factors. These types of work situations can be difficult to handle in the workplace and shouldn't be tolerated. They must be fought.

Of the more than 99,000 charges of discrimination tallied by the U.S. Equal Employment Opportunity Commission in 2010, more than 29,000 were based on sex discrimination. That accounted for 29 percent.

That's a large number of cases based on gender, or sex, discrimination. California's Fair Employment and Housing Act as well as the federal Title VII statute provide protection for employees. The laws also apply to people applying for jobs. Companies aren't allowed to show unlawful favoritism against protected groups of employees.

If you noticed a pattern of a particular race of people, employees from a certain national origin or workers of the same gender being treated unfairly, it's possible that discrimination is occurring at your workplace. If you have been passed over for a promotion for someone less qualified, it's possible that you yourself have faced discrimination.

Laws protect people from discrimination and from retaliation for people who stand up to the companies that are doing wrong. But it often requires the threat of legal action or actually filing lawsuits to get businesses to change their ways. So, don't attempt to fight these injustices on your own. Be backed up by a law firm dedicated to protecting your rights.

Continue reading " In Wal-Mart Stores, Inc. V. Dukes, U.S. Supreme Court Rules Against Workers in Discrimination Lawsuit " »

The California State Senate Judiciary Committee recently voted in favor of a bill that would strengthen employment, housing and other civil rights protections to all Californians, especially those discriminated against based on gender identity and expression, the San Francisco Bay Times reports.

Discrimination can come in all aspects of life, whether it be in public or in the workplace. Our Orange County Employment Law Attorneys are dedicated to fighting with people who feel they have been treated unfairly based on a myriad of factors, including their gender, race, sexual orientation or age. California employment law is complex and applies to many types of problematic behavior, so if you feel you have been wronged, call today.

AB 887 passed the recent committee and now must be passed by the California State Assembly. It may reach the senate floor in the coming weeks.

According to the news article, the bill takes existing protections based on gender identity and expression and enumerates them as protected categories in nondiscrimination laws. More than 100 cities nationwide already provide protection for gender identity and expression.

Anaheim discrimination at work is unacceptable, regardless of the reason and California's Fair Employment and Housing Act and Title VII provide protection for employees and job applicants. These protections are designed to make sure that people don't face discrimination of any kind.

These state laws make sure a company doesn't deny promotions to, hire someone less qualified than or retaliate against employees. Workers are protected from termination, adverse actions, harassment and retaliation based on race, religion, color, national origin, ancestry, physical or mental disability, medical conditions, sex marital status, pregnancy or childbirth, sexual orientation or age.

Sometimes, discrimination at work is overt and out in the open -- such as a boss joking in front of many people that he or she didn't hire someone because they are old and probably wouldn't be willing to learn new computer techniques. Other times, closed-door meetings or more covert or systemic biases prevent a minority from advancing. These injustices sometimes require whistleblowers -- people willing to step up to protect the rights of others.

Unfortunately, discrimination and retaliation, whatever the rest, isn't that uncommon. According to the U.S. Equal Employment Opportunity Commission, there were 99,922 complaints of discrimination in 2010. That's up 24 percent from 1997 and is an all-time high in the United States.

It is sad, but for a country that prides itself on equal protection and individual rights, there are many cases of discrimination these days. Take, for instance, a recent report by The Los Angeles Times that the Los Angeles Police Department has paid out more than $18 million in jury verdicts and lawsuit settlements regarding workplace injustices such as sexual harassment and racial discrimination.

No company or business is immune to bad decisions and deliberate inequalities that plague our society. If you or a loved one believes you have been treated unfairly at work or by not being hired for a job, call our firm today. The sooner we are able to assess your case and take action, the better.

Continue reading " Gender Nondiscrimination Act Working Its Way Through California Senate " »

A Los Angeles County Superior Court judge has dismissed a major discrimination and harassment lawsuit filed by a former police lieutenant, according to the Burbank Leader.

The police lieutenant alleged that he was placed on administrative leave in retaliation for complaining of an improper relationship between the police chief and the officers' union and that he suffered repeated acts of harassment as well as racial discrimination in Burbank.

Discrimination and harassment at work, unfortunately, is not uncommon. And many people are quickly put into a powerless position of having to determine whether they want to risk their careers and jobs in a bad economy or endure what they know is wrong. If you feel you have been harassed or discriminated against at work, contact Orange County Employment Lawyers for a free consultation. We understand these sensitive issues and can give you good advice about your situation.

According to the news report, in dismissing the case, the judge called the allegations against the Burbank Police Department unfounded and lacking. The lieutenant had hoped to sue on behalf of other officers as well.

The lieutenant and 11 other officers were being investigated by the FBI regarding excessive use of force in a 2007 robbery case. In 2009, a detective filed a civil rights lawsuit against the lieutenant and other officers, claiming he was harassed after witnessing the lieutenant place the barrel of his gun under a suspect's eye. That case was also dismissed.

Both the lieutenant's case and the detective's case against the lieutenant are being appealed.

According to the U.S. Equal Employment Opportunity Commission, the agency received nearly 31,000 claims of workplace harassment in 2010, which is up 35 percent from 1997. In the same time period, overall claims of harassment, from sexual harassment, gender discrimination to age discrimination, the number of claims increased 23 percent from 1997 to 2010. In 2010, 99,922 complaints were filed.

What this shows Orange County Employment Lawyers is that there are many people in the California workforce who aren't being treated fairly. Sometimes, bosses or corporations don't intend to discriminate and sometimes it can be obvious and intentional. Workers sometimes don't even know it's happening. It may take a company whistleblower to point out things that are said in closed-door board meetings.

Regardless of the reasons or how it happened, it is wrong and should be stopped. It's possible that a strongly worded letter or meeting can fix the issue. But sometimes it requires litigation. Whether the matter deals with federal employment law, which deals with labor laws and certain types of discrimination, or California employment law, which is broader, an attorney should be contacted. Santa Ana employment lawyers are here for you.

Continue reading " Judge Throws Out Burbank Police Discrimination Lawsuit " »

A Los Angeles Police officer recently was awarded $1.1 million by a jury after claiming he was harassed and suffered retaliation because he is gay, The Los Angeles Times reports.

The Orange County Employment Law Team has seen how retaliation and discrimination in the workplace can make working in an office extremely difficult, break up friendships and ruin careers. That's why it's important to take action if your company is allowing you to be harassed or discriminated against at work. Consult with an experienced Orange County employment lawyer can help protect your rights.

The LAPD sergeant and media relations spokesman sued the department after his supervisor made derogatory remarks about his homosexuality. According to the story, the officer made several attempts to voice his concerns through official channels, but his complaints were determined to be unfounded.

In the summer of 2009, he was transferred to the skid row area. The officer argued to the jury that the transfer from the prestigious media relations section was punitive and that it cost him future opportunities for promotion. He testified it was a difficult decision to sue, but that he felt if the department wasn't challenged, it wouldn't change its ways.

According to the article, between 2008 and 2009, there were 350 internal investigations done regarding discrimination and retaliation complaints and only one was upheld. Yet, a Times investigation found that over the last decade, at least 16 other officers have won million-dollar-plus jury verdicts, totaling more than $18 million against the department.

Retaliation on the job is unlawful, plain and simple. In the case of Crawford vs. Metropolitan Government of Nashville and Davidson County, Tennessee, the U.S. Supreme Court held that it's unlawful for an employer to retaliate against an employee. The law protects workers from unfair treatment, so use the law for you if you have been wronged at work.

While retaliation is a serious allegation, there is more frequently discrimination on the job. Retaliation is usually easy to spot, while discrimination can happen behind closed doors.

There is a difference between sexual discrimination and sexual harassment. Harassment is when a person receives unwelcome sexual advances from a co-worker or a person of power, is sent emails with sexual overtones that aren't appropriate for the workplace or lewd comments made by co-workers.

Sexual discrimination happens when someone isn't promoted, isn't hired or is otherwise mistreated based on the employee's gender or sexual orientation. According to the California Constitution, it is unlawful to discriminate against someone based on their gender, sexual orientation, race, ethnicity or other factors.

Continue reading " Gay LAPD Officer Wins $1 Million in Discrimination Lawsuit " »