California Employment Lawyer Blog

The Los Angeles County Sheriff's deputy who arrested actor Mel Gibson for DUI in 2006 has agreed to a $50,000 settlement with the sheriff's department for retaliation, the Los Angeles Times is reporting.

Retaliation in Fullerton can be a problem in a variety of situations in the workplace. If a worker speaks out about discrimination and then starts to feel he or she isn't getting the same type of opportunities, accounts, training or promotion, this may be a classic case of retaliation. California employment laws are designed to protect employees who may need help being treated fairly.

Fullerton employment lawyers understand that retaliation has no place in an employee-employer relationship. A person shouldn't be looked down upon for trying to do what is right. Whether it's reporting discrimination or following ethical guidelines that may ruffle some feathers, the law is designed to ensure those employees are protected.

According to the news article, the 2006 arrest, which made international headlines, has been causing the deputy problems ever since. The deputy alleges that his supervisors retaliated against him ever since he refused to remove the actor's anti-Semitic slurs from the initial police report.

It was those slurs -- more than the arrest itself -- that made the story such a big one. The deputy's Fullerton employment lawyer told the Times that the settlement wasn't done for the money, but rather the principle of the matter. The deputy said he was "constantly in fear" when he went to work.

The deputy, who was assigned to handling DUI arrests in Malibu at the time, said he included the actor's words, "the Jews are responsible for all the wars in the world" to illustrate the level of intoxication.

A supervisor told the deputy that the material in the police report was "not acceptable" because the comments weren't relevant to the DUI arrest. He said bosses instructed him to remove the comments and include them in a supplementary report that wouldn't have been available to the public initially.

He eventually followed orders and created a separate report that was placed in a locked safe, along with recordings and evidence found in Gibson's car. But the report was leaked to celebrity news site TMZ.com and officials later discovered calls between the deputy's home and TMZ founder Harvey Levin.

The sheriff's department was criticized for its handling of the case, including allowing Gibson to leave the station without being fingerprinted and without signing a statement to appear in court. He was also driven to the tow yard by a sergeant.

The deputy did the right thing for standing up for the correct way of handling things. If law enforcement is going to be star struck because of an actor, policies and personnel need to change. It appears from the article that deputy was placed in a difficult work environment after the fact, which qualifies as retaliation. No worker should have to deal with that.

Continue reading "Fullerton Discrimination Settlement Reached for Mel Gibson's Arresting Deputy" »

Los Angeles County officials recently decided to halt providing funds to pay for housing investigators in Palmdale and Lancaster after allegations were made that they were targeting minorities for eviction, the Los Angeles Times reports.

Our Westminster employment lawyers often blog about the issues associated with discrimination practices that happen in a workplace setting. But discrimination can happen in public and with the government as well.

California and federal laws that prohibit Westminster discrimination apply not only to workers, but also to those who are trying to obtain public housing.

California's Fair Employment and Housing Act prohibits discrimination for the following reasons:

-Race
-Color
-Religion
-Sex
-Sexual Orientation
-Marital Status
-National Origin
-Ancestry
-Familial Status
-Disability
-Source of Income

Additionally, the Unruh Civil Rights Act prohibits discrimination for all business establishments. This includes private businesses and people who are involved in selling or renting housing. So, people are protected from discrimination, even though it still can happen.

In the desert communities of Lancaster and Palmdale, people have accused housing investigators of targeting nonwhite recipients of federal housing subsidies for harassment and eviction. The Los Angeles County Board of Supervisors, in turn, have cut off funds to provide additional investigators there.

The move was made in a closed-door session recently in a move to try to avoid civil rights challenges and an investigation by the U.S. Justice Department. The sheriff's office is now barred from sending deputies on housing compliance checks without sound reason. The county also is aiming to preserve the confidentiality of people who participate in the Section 8 subsidy program to avoid future harassment.

Last summer, the NAACP filed suit against those cities, alleging that officials were using sheriff's deputies and other county resources to drive black and Latino residents from government-subsidized housing. Federal prosecutors then announced they were investigating the use of sheriff's deputies.

County taxpayers currently dish out $98,685 per year to Lancaster and $62,000 to Palmdale to fund extra inspectors for the Section 8 program. Officials in Antelope Valley claim they needed the money to provide extra resources to make sure landlords and tenants comply with program regulations.

County officials readily admit that they are making these moves in order to keep themselves out of any type of discrimination lawsuit. But perhaps they should have begun taking these steps earlier to try to be proactive in avoiding discrimination.

All people have the right to qualify for public housing and the decision of who is allowed to live in these low-income houses and apartments shouldn't be based on bigotry. But if that's how it happens, residents need to fight back. If people stand by and allow it to happen, it will continue. Without accountability, the situation lingers.

Westminster employment lawyers recognize that these are challenges people can face on a daily basis can be demoralizing. But meeting with an attorney is a good first step. If you have documented proof that you or a loved one has faced discrimination and your rights have been violated, you should consider all your options.

Continue reading "L.A. County Housing Inspectors Accused of Discrimination Against Minorities For Eviction" »

CNNMoney is reporting that for the first time ever, all 100 firms on Fortune's Best Companies To Work For list have discrimination policies in place that include a person's sexual orientation.

This is a major milestone in protecting workers' rights, especially in combating sexual orientation discrimination in Fullerton. Our Fullerton employment lawyers believe this is a big step forward, but more must be done.

A list of 100 companies creating anti-discrimination policies is certainly a good thing, but there are hundreds of thousands of businesses in this country and it would be safe to say that a majority likely don't have similar policies in place. Sexual orientation discrimination in Fullerton, Southern California and nationwide is still an issue.

After athletes last year called something that was negative "gay," organizations ran advertising campaigns trying to get children and teens not to use gay as a negative connotation. It's obvious that there is still work to be done in this area. Many adults, who grew up in an era where discrimination wasn't uncommon, struggle today when dealing with gay or bisexual co-workers.

According to the news article, in 2008, 95 of the top 100 companies on the list that year had policies and within three years the number hit 99. It wasn't until this year's list that all 100 companies had such a policy in place.

The list's creators say gay rights at work have gained strength in the last 15 years, culminating with the news that all the companies have such a policy in place. Of the 100 companies, 89 of the companies offer benefits for same-sex domestic partners, which is up from 70 in 2007.

Gay rights supporters say it isn't shocking that the companies that are rated best to work for also are the places that have policies in place to protect their workers from discrimination.

About 86 percent of Fortune 500 companies also have non-discrimination policies in place that include sexual orientation, CNN reports. That's up from 61 percent in 2002. About 60 percent of those firms also offer health benefits for same-sex domestic partners. That's a jump of 34 percent from 10 years ago.

Gay, bi-sexual and transgendered people throughout Southern California still have an uphill battle at work and no person should be put in that position. Every worker should have equal rights and by 2012, you'd think that would have been accomplished.

But our Fullerton employment lawyers see daily cases of workers who face discrimination based on their gender, race, sexual orientation, disability, national origin and other factors that have no bearing on their ability to do a job well. Sadly, these biases cannot enter the workplace and if they do, they must be fought. Bosses cannot treat workers differently based on some type of in-grown discrimination unrelated to the employee's work ethic.

Continue reading "All Top 100 Companies Have Sexual Orientation Non-Discrimination Policies For First Time" »

While many employees may just be getting back to work after some vacation time, companies' human resources departments are likely just getting started on making sure they are in compliance with a host of new laws that went into effect and are designed to protect workers from discrimination in Fullerton and statewide.

The San Francisco Chronicle recently published an article that states nearly two dozen new employment laws went into effect Jan. 1 -- some that prohibit discrimination and others that help employees who typically end up getting the short end of the stick at work.

Our Fullerton employment lawyers fully support new laws that go into effect with the plan to end discrimination and not put people at a disadvantage in the workplace. There are far too many situations where employees face a difficult time at work, whether it be pregnancy, service in the military or because of their race or gender.

One law that may have the biggest impact is one that requires companies to inform workers who aren't exempt from overtime of their rate of pay, the workers' compensation insurer, the paydays and if there are any meal or lodging allowances.

If there are any chances in that information, the employer must tell each non-exempt worker within seven calendar days, the newspaper reports. If there are wage violations, the penalties are larger than in year's past.

Another new law on the books requires companies with five or more employees to ensure they have health coverage under a group health plan to ensure female employees who take leave for pregnancy can do so for up to four months. The benefits have to be the same as if the woman were working during the leave period.

In cases where employees and employers split health care costs 50/50, the same must be done if the woman is out on leave. The current law applies to companies with 50 or more employees and for a maximum of 12 weeks, so the new law expands the time frame and type of company affected.

Other laws that go into effect:

SB459: A law that creates penalties of $5,000 to $25,000 for a "willful misclassification" of employees as independent contractors. Doing so can save money for companies, but being penalized changes things.

AB22: The law prohibits companies, except some financial institutions, from using credit reports on job applicants and employees. Some exceptions include managerial positions exempt from overtime pay, law enforcement and work with money.

AB1396: This requires commission plans for employees to be in writing so they can't be changed after the fact.

AB877: The law prevents companies from discriminating against employees based on their gender expression. While there are laws on the books that protect from discrimination against people based on their gender and gender identity, the new law also protects employees based on the way they dress and behave.

Continue reading "New Year Brings New Fullerton Employment Laws" »

A recent court case out of Maine shows that the only way to fight discrimination in Irvine and other places in the country is to take the case to court and fight for your rights.

Some workers today would argue that officials at large corporations have little in the way of loyalty. They spend most of their time worrying about making profits, regardless of what that means to their employers.

Sadly, our Irvine employment lawyers have seen workers be discriminated against in cases where people in power believe the law and company policies don't apply to them. Discrimination comes down to a power struggle without regard for a person's feelings.

If a person faces discrimination at work, it's likely because a co-worker with authority has decided not to follow the laws that are in place to protect workers from discrimination. That person likely believes they won't get caught or they disagree with the laws and choose to disobey them.

A person can face discrimination for a variety of reasons -- age, gender, race, national origin, sexual orientation, disability and other factors that have no bearing on whether you are able to competently do the job at hand.

The Maine case of Russell v. ExpressJet Airlines shows us that standing up and fighting in a court of law may be the only way for a person to fight discrimination in their workplace.

In this situation, a jury found that the airline discriminated against Edward Russell based on his sexual orientation. The airline appealed, arguing that it should have won the case on three grounds. The Maine Supreme Judicial Court denied the appeal and found in favor of Russell.

In 1998, Russell became an agent for Continental Express and he was later promoted to supervisor. When ExpressJet opened in 2002, he joined that company as a supervisor. At the time, the general manager was a gay man and Russell, too, was gay and was open about his sexual orientation.

A year after being hired, a regional director for the airline told Russell that three women had filed a lawsuit against the company alleging that only gay men were being hired for managerial positions. The general manager left soon after and Russell, along with another man, took over those duties. Co-workers said Russell did a great job running the office while the company searched for a new general manager.

He asked about getting the job full time and was turned down twice because the company had just gotten out of a "boiling pot of water," a reference to the discrimination lawsuit filed by the three women. Russell was told twice he would not get the job.

When a new general manager was hired, he spoke well of Russell. When a new regional director was hired, he was told by the general manager that Russell was doing a good job. But then, the regional director recommended Russell be fired, and the general manager declined to do so.

As new general managers came in, Russell was overlooked for the position and he was told that the company had a policy -- though unwritten -- of hiring general managers from within the stations. By 2006, Russell began trying to reach the human resources department about unfair hiring practices, though those calls were not returned.

In 2007, a new general manager was hired and Russell overheard him say that the company needed to "clean house" of homosexuals. When he contacted the regional manager about becoming a general manager, he suggested two other locations, but then those positions either weren't available or were filled. Russell eventually resigned and filed suit. A jury awarded him $500,000.

Continue reading "Russell v. ExpressJet Airlines Case Shows Sexual Orientation Discrimination in Irvine Cannot Be Tolerated" »

A recent case out of Georgia, Glenn v. Brumby, centered around a man who wanted to transform to a woman and amounted to sexual discrimination.

The transgender person got a favorable ruling recently and may be soon reinstated to editor and proofreader of legislation, The Atlanta Journal-Constitution reports.

Our Newport Beach employment discrimination lawyers have seen many forms of discrimination at work that have left employees feeling ostracized and unwanted, causing them to struggle at work and form emotional problems, among other issues.

These problems are not only internal issues, but they are illegal. There are laws, both in California and federally, that are designed to help employees who have been discriminated against by co-workers, bosses or by the company in the form of not hiring them in the first place. Job candidates and workers should be judged based on their performance alone and not the color of their skin, religious following, gender or other factors.

In the Georgia case, a man was fired from the Georgia General Assembly after revealing he was planning to transition from a man to woman. She filed a federal lawsuit and in a recent court of appeals ruling, found favor with a three-judge panel.

She has continued to receive pay since she was fired in October 2007, but hasn't been allowed to return to work. Vandy Beth Glenn, formerly Glenn Morrison, was hired in 2005. She was diagnosed with gender identity disorder, and doctors recommended she undergo a gender transition for her "health and well-being," the newspaper reports.

She told her superiors she intended to start coming to work as a woman and underwent surgeries in order to complete the process. When she told her boss she intended to change genders, he fired her.

The recent appeals court ruling found that it was a form of sexual discrimination because she was fired for not conforming to the stereotypes associated with the gender. Previous court cases have shown that city employees couldn't fire a man for wearing an earring considered effeminate, and a restaurant couldn't allow a waiter to be harassed for carrying a tray like a woman.

These court cases are important in order to pave the way for future generations of people who may end up being the victim of a form of discrimination at work. For one, if a person believes they have faced discrimination at work and do nothing, they must work in that environment, which is unlikely to change, for the duration of their employment.

But secondly, they may have an opportunity to change the entire culture of an organization or an industry by stepping up and trying to make change. Sure, it could be difficult, but it also may be necessary. Allowing discrimination to continue is no way to work. These labor law issues and others must be addressed. They can't linger and affect people in the future.

Continue reading "Glenn v. Brumby Leads to Reinstatement After Discrimination Firing" »

Secretary of State Hillary Clinton called on world leaders for the first time not to discriminate against gays and lesbians, announcing that the United States would dedicate $3 million to fighting for gay rights worldwide, the Los Angeles Times has reported.

And while this is a noble cause, there is plenty of discrimination in workplaces right here in Orange County. Sexual orientation discrimination in Fullerton can be a major issue. Employers must be forced to comply with state and federal laws requiring them to hire and fire based on ability, not meaningless attributes.

Unfortunately, our Irvine employment discrimination attorneys have seen many examples of businesses doing exactly that. Rather than selecting the most qualified candidate, employers choose a person based on his or her skin color or gender. In some cases, instead of promoting a promising worker, they stick to someone based on age or religious preference.

According to the Times story, Clinton gave a speech as part of Human Rights Day, saying that protecting the rights of gay, lesbian, bisexual and transgender people is one of the "human rights challenges of our time." She likened the cause to battles dealing with racial equality, the rights of women and religious freedoms.

Clinton said that people in the rest of the world tend to see this issue as a "Western phenomenon" and something they don't have to deal with. But she said gay people come from every society, throughout the world. She called on other governments to combat the criminalization of sexual orientation.

She also reported the creation of a global fund that the country has committed $3 million to in order to enforce rights worldwide. The Obama administration has promoted gay rights in recent years through the changing of military policies and gay marriage law changes.

And while there are have certainly been examples of violent injustices, discrimination against gay, lesbian, bisexual and transgender people happens in corporate settings as well. Perhaps not violence, but bias against these people exists and must be stopped.

In some occasions, the discrimination is outward, where bosses or co-workers are allowed to call things "gay" or make remarks that are disparaging toward another person who they believe is gay or who outwardly states they are gay.

Other times, the discrimination is kept "in-house" when bosses make firing and hiring decisions or determine who can be promoted or not. Sometimes, these cases require a whistleblower, a person who reports the wrongdoing or other times a pattern of discrimination can be found.

In any of these scenarios, it is unlawful. There is a reason why laws were created to stop this type of behavior. No one wants to feel they don't get a fair shot at a job or advancement in a field because of something they can't control. Our Irvine discrimination defense lawyers challenge businesses that violate these laws and seek to treat people unfairly based on their sexual orientation.

Continue reading "Hillary Clinton Calls For End of Sexual Orientation Discrimination in Workplaces" »

Discrimination can happen anywhere. Most commonly it happens in the workplace -- people may be hired or fired not based on their abilities or work performance, but based on race, sexual preference, disability, national origin or other factors.

Those are unlawful reasons to fire someone or not hire someone. And that type of discrimination in Newport Beach must be fought.

But the job market isn't the only place you may find discrimination. As our Newport Beach discrimination lawyers have reported in recent months, discrimination outside the workplace can lead to major changes with businesses as well as municipalities.

In August, a woman sued Bloomingdale's after alleging that a male employee wouldn't serve her when she attempting to buy a men's shirt for her upcoming wedding. A lawsuit states that the man scoffed at her and told her she shouldn't be buying men's clothes for herself.

In October, we reported that a city in Georgia had to re-do its policies about headgear in the courthouse after a woman sued and later settled with the city after her headscarf was torn from her head by a security guard. In that case, the Muslim woman was attempting to show support to a relative and was arrested because she refused to remove her headscarf.

In the news recently was another example of problems with discrimination. According to a study by the Williams Institute at UCLA, a survey of 612 dentist offices in the Los Angeles area found that five percent of dental providers have a policy of denying service to HIV-positive people.

Many surveyed claimed that they don't have the needed precautions to control infections. Another five percent admitted they would treat HIV-positive patients differently, in ways that could violate anti-discrimination laws, The Huffington Post reports.

While this is a relatively small percentage, it still shows that discrimination exists in our society. On a positive note, 90 percent of those surveyed said they wouldn't discriminate. And dentistry's numbers are far lower than other industries surveyed by the organization -- 55 percent of obstetricians and 46 percent of skilled-nursing facilities and 26 percent of plastic surgeons admitted to refusing treatment.

While there is room for improvement, the researchers were happy with the results, opining that two decades of exposure to HIV and AIDS and the progress of information about the illnesses has helped change the culture of discrimination against this group.

Our lawyers agree that while 90 percent is good, 100 percent would be better. No group should face discrimination based on their medical records, skin tone, gender or other factors. The only way to stop discrimination is to fight against it. Allowing it to happen and doing nothing only allows the culture to continue. It has taken decades to break down barriers and our Newport Beach employment lawyers will continue working toward that goal.

Continue reading "Study: Small Percentage of Dentists in Los Angeles Discriminate Against People With HIV/AIDS" »

A case out of Puerto Rico recently shows the challenge that persons with disabilities have at work as well as trying to show they have faced discrimination in the workplace.

In Ramos-Echevarria v. Pichis Inc., a worker who suffers from epilepsy claimed that his employer discriminated against him because he was denied a full-time position. He claims it was because of his disability, but two courts have ruled against him.

There are both state and federal protections for people with disabilities in California. Under disability discrimination laws in Newport Beach, workers who are otherwise qualified for a job but who suffer from a physical or mental disability can't be denied employment simply because of the impairment.

And California residents also have federal protection from disability discrimination as well. Private employers, state and local governments, and others aren't allowed to discriminate against the disabled, including hiring, firing, compensation, advancement, training and other areas of employment.

In this difficult economy, our Irvine employment lawyers feel for those who are rejected for jobs based on their disability. We will stand by their side and demand justice.

In this case, Ramos-Echevarria suffers from epilepsy, and according to court documents has nine to 16 "episodes" a week where he will see an "aura" before his body convulses for eight to 15 seconds. After that, his cognitive abilities are impaired and sometimes for a period after.

He was a part-time kitchen assistant since 1999, assisting with food preparation. He had a similar position since 2002 with another restaurant. Between three and six times a year his seizures cause him to leave work, but most of the time he stabilizes himself until they pass.

When he was first hired -- he told the company about his illness on his application -- his boss fired him after his first episode. He was told to bring in a doctor's note stating that he can work despite the illness and he got one and was re-hired. Since then, he has never been denied medical assistance.

He claimed in his lawsuit that he has asked for full-time work but was told that he couldn't get full-time work because of his condition. Others were hired after him and got full-time work while he still was stuck in a part-time role, despite his reviews being favorable.

The appeals court ruled that he failed to show that he has a disability within the meaning of the Americans with Disabilities Act and therefore his claim should be dismissed. They agreed with the lower court ruling and dismissed his case.

Employment law is a complex area that must be handled by an experienced lawyer. While these laws provide protection for workers, there are specific elements that must be met in order to show that a person has faced discrimination for a disability. A Santa Ana employment lawyer can help.

Continue reading "Ramos-Echevarria v. Pichis Highlights Challenges of Disability Law in California" »

CNN is reporting that tens of thousands of farmers who faced racial discrimination from the U.S. Agriculture Department in the 1980s and 1990s could start to get $1.25 billion in compensation after a recent federal settlement.

While not usually on this grand a scale, racial discrimination in Irvine and elsewhere happens every day. Employees are fired or not hired not based on their skills, but based on their skin color. Sadly, Orange County employment lawyers have seen many Americans whose lives have been disrupted because of discrimination in the workplace.

Race is a characteristic that is part of a protected class where discrimination cannot be tolerated and the class includes disability, religion, age and sexual orientation, to name a few. In 2010, there were nearly 36,000 race-based claims of discrimination in the United States, according to the U.S. Equal Employment Opportunity Commission. That was up from nearly 34,000 in 2009 and 29,000 in 2000.

In this case, as many as 68,000 African-American farmers could receive either $50,000 or $250,000, depending on the circumstances of their case. In the class-action lawsuit, a judge ruled that the settlement is fair in helping black farmers who can prove they were discriminated against in the department's support and programs.

"Historical discrimination cannot be undone," the judge wrote, citing a basis to establish payments, "for the broken promise to those African-American farmers and their descendants."

A review panel of retired judges and neutral parties will look at each case to determine the amount of aid the farmers can get. This will no doubt go a long way toward helping farmers whose livelihoods were shattered because of discrimination.

Many who faced discrimination lost their farms when they were not given equal opportunity to get aid from the government-backed department. When competitors, who were not black, got the needed support, they were able to put black farmers out of business.

Our country runs on farmers who are able to create produce, meat and other animal products that feed our families and keep the grocery business competitive. But if they aren't able to thrive because of racial bias, the entire system struggles.

On a smaller scale, discrimination in the workplace can be equally disruptive. When bosses make decisions of hiring, firing, promotions and training not based on a person's skills, experience or abilities, but rather on the color of their skin, that is a major inequality.

Many examples of outright racial discrimination in Irvine workplaces require the help of a whistle-blower -- a person who is willing to stand up to what is wrong. In many racial discrimination situations, an insider can help change the culture of a business that has for years operated in the wrong.

Sometimes, however, the culture is such that bosses are open about their discrimination and use their power to influence others to stay quiet. The threat of losing a job, especially in this difficult economy can be an intimidating force.

Continue reading "USDA’s Civil Rights Infractions is Reminder to Fight Racial Discrimination in Irvine and Elsewhere" »

For a country that was built on religious freedoms, many states and companies in the United States seem to be years behind in their acceptance of the world's religions.

Just a few months ago, the California Employment Lawyer Blog reported that the California city of Walnut had to settle a lawsuit because it showed bias against a Buddhist group that wanted to build a Zen Center, which would have been the only non-Christian religious center in the city.

It cost a lot of time and money to settle something that should have been handled in the first place. And Georgia recently made news too, Thomson Reuters reports. A city there recently settled a lawsuit filed by a Muslim woman who was placed under arrest and put in jail when she refused to remove her headscarf before entering a courtroom.

It would be nice for cities and companies to realize that they simply cannot tolerate religious discrimination in Los Angeles. While it's not a problem if officials aren't familiar with the basis of different religions, not understand them or even not believe in them, but it's not right for them to treat people differently because of them.

An experienced Santa Ana employment law attorney must be consulted if this has happened to you. Many public and private officials aren't quick to make policy changes or stop their behavior, but a timely lawsuit can put a stop to the unlawful behavior.

In 2008, a woman was taking her nephew to court in Douglasville, Georgia, when an officer who was using a metal detector told her that headscarves couldn't be worn in court. The woman told the officer that the policy discriminated against her and she attempted to get out of the courtroom. But the officer arrested her and charged her with contempt.

While the charge was later dropped, she was forced to remove her head covering, was placed in cuffs and carted off to jail like a common criminal. The wearing of headscarves in the Muslim world mark modesty, as they cover up a woman's hair and neck.

U.S. civil rights advocates say that banning them amounts to religious discrimination, while in France, they have been banned on school grounds.

After settling the lawsuit, the city will have to adopt a new policy permitting people to wear headscarves inside courtrooms and allowing those wearing religious head coverings to go through a private screening area with a person of the same gender.

Many of these policies used by companies and municipalities are borne out of ignorance for a certain religion and aren't fair to those who practice it. No one wants to be discriminated against, but decision-makers sometimes don't realize the damage their policies are doing.

Every American enjoys the right to choose their religion and believe what they want. If that means they choose to wear a certain garment in a certain way, a city shouldn't be allowed to stop them from doing so. Let's hope that businesses and cities that treat people differently based on their religious choice see this decision and wise up.

Continue reading "Religious Discrimination Lawsuit Settled By Georgia City" »

A recent MSNBC article looks at the career of Andy Rooney, famed CBS "60 Minutes" correspondent who worked there for more than 60 years.

It's a feat many people -- young and old -- can't imagine. At a time when Rooney recently retired at age 92, many older workers face age discrimination in Los Angeles and elsewhere.

Age discrimination while illegal, happens every day. In some cases, potential workers aren't hired because employers think they are too old to adapt to the job. In other cases, older employees are not offered job improvements or promotions because the company would rather pay to train younger employees. The younger employee can be perceived as a future manager, even if he or she is not as qualified as the more experienced, older person.

This is where an experienced Orange County employment lawyer comes in. Consulting with a lawyer to discuss your case and look at your options is a smart move before storming into your boss's office and getting into an argument or filing a complaint. Having an objective outsider look at your case can be beneficial.

According to the article, there aren't many Andy Rooneys anymore. The number of long-term older unemployed Americans is growing. Many have lost their jobs and are having a difficult time finding others. They believe their age is a big factor.

Many companies view age discrimination as acceptable and not against the law, but it is. They believe that older workers are less desirable and therefore they don't hire them.

According to Equal Employment Opportunity Commission statistics, the number of age discrimination complaints has increased from about 16,000 in 2006 to more than 23,000 in 2010.

In one recent age discrimination case, technology firm 3M was ordered to pay $3 million because it illegally laid off millions of workers who were over 45 years old in favor of younger workers they planned on grooming for management positions.

Experts told MSNBC that perception is the real issue. Some companies perceive older workers as being closer to retirement and having a bigger financial cushion, so they don't feel as bad laying them off. Others believe that older workers are targeted during large-scale layoffs for no reason other than their age.

Some analysts said younger workers and older workers are relatively equal in terms of adapting to new ideas and being trained. Younger workers -- especially women -- are costliest because of pregnancy. Younger workers take more time off work, and older workers take longer to recover from injuries.

Some AARP statistics from August:

-The average time of unemployment for workers 55 and over was 52.4 weeks, while it is 37.4 weeks for younger jobless

-More than half of older unemployed Americans -- 54.9 percent -- were "long-term unemployed" -- 27 weeks or more

Many older workers are discouraged because they are finding few opportunities for work, even with more experience and a better track record of employment.

Continue reading "Older Workers in Los Angeles Face Age Discrimination" »

Charter Oak High School recently fired its junior varsity boys water polo coach after discovering what school officials said were inappropriate photos posted on Facebook and MySpace. The coach alleges he was fired because he is gay, the Glendora Patch reports.

There are many forms of discrimination and, unfortunately, they are often used by bosses and co-workers who aim to show power over others unlawfully. Sexual orientation discrimination in Santa Ana is wrong and requires the skills of an experienced Orange County Discrimination Lawyer who is able to sort through the facts and show that the clients have been victimized at work.

In this case, the openly gay man previously coached water polo in the mid- to late-1990s and returned this summer, only to be fired four months into his new tenure, the Glendora Patch reports. School officials recently discovered pictures taken when he wasn't on school time that depict him suggestively holding a corndog to his face and posing with men in drag. In none of the photos was he wearing anything sexually suggestive nor were students linked to the pictures, the news story reports.

The coach says that retribution and discrimination is to blame for his firing. The story states that two weeks before school started, half of the swim students hadn't yet completed their yearly physical, which clears them to compete. But after the week deadline had passed, some students still hadn't completed the physicals and, as punishment, had to wash the cars of faculty and administrators.

One angry parent approached the coach after practice to complain and shortly after, an anonymous parent sent an envelope to the principal with a letter and the photos, some that were taken years ago.

The coach, a 1993 graduate of the school, is now worried for his daughter, who is a freshman there. She has already been confronted by students who have taunted her about her father after he was fired.

The coach asked administrators whether he would have been fired if he was photographed with cheerleaders in skimpy uniforms and the administrator said no, because that is their uniform. The coach said that for drag queens, that's their uniform.

Parents have called and written letters of support. Even other coaches have said they support the fired coach because of the talent he brings to the school. He has also been a fundraiser for the aquatics program.

The coach brings up a valid point that shouldn't be overlooked. While social network sites such as Facebook and MySpace have put employees on edge about facing sanctions if they post "inappropriate" photos or messages, employers can't be discriminatory in the actions.

While some homophobic employers, or parents in this case, may object to someone based on their sexual orientation, would a teacher or coach who is heterosexual who had pictures leaked of them with a scantily clad woman be fired? They would probably be sanctioned but not fired. Then again, maybe no one would object.

That is discrimination. One person can't be punished for an action that others have done but not sanctioned for doing.

While California has been more accommodating and accepting of gay, lesbian, bisexual and transgendered people and employees, there are still obstacles to overcome. People are still sometimes treated poorly, not hired or inappropriately fired for factors that have nothing to do with their job performance or skills and that needs to end.

Continue reading "Charter Oak Coach Alleges Sexual Orientation Bias in Firing" »

A Novato-based sales manager was fired by an electrical supply company for not spending enough time traveling to meet customers while the man was recovering from cancer.

The San Francisco Chronicle reports that the man was awarded $846,000 for losses, and a $25,000 fine was levied on the company that let him go for what has been determined to be unjust reasons.

Sadly enough, some employers will fire a person with such insensitivity as this company and try to get away with this type of disability discrimination in Ontario and elsewhere throughout the great state of California. The good news is that experienced and aggressive Orange County Employment Law Attorneys won't sit by idly letting these injustices stand as is.

Corporations know that if they are faced with a discrimination lawsuit it not only threatens their dollar figures if a jury finds in favor of the victim, but it can also be a public relations nightmare. In many cases, they may be willing to make a generous settlement offer in order for it to go away. But often these companies will make unacceptable offers in settlement talks, forcing the victim to go to trial and expose all the dirty laundry in public.

In this case, The Fair Employment and Housing Commission, a state agency created to protect citizens' civil rights, ordered Acme Electronics, a Wisconsin-based company, to make the largest payout the agency has ordered in a discrimination case, the newspaper reports.

The Novato-based salesman, which is outside San Francisco, was a veteran electrical sales manager and headed the company's largest sales region from 2004 to 2008. He was fired at age 59 after having undergone surgery for kidney cancer and prostate cancer in 2006 and 2007, respectively.

The agency stated that the man limited his travel while he underwent treatment for the cancer and was fired within a year of the second operation. His region led all others in sales growth in 2007, despite the beginning of the economic downturn, and his supervisor gave him a poor review. In it, the supervisor stated the man spent too much time close to his home base and didn't make enough contact with potential customers.

While the company alleged that the man was fired based on the economy and his poor performance, the agency found that the reason the company provided for firing him were "factually baseless, false, pretextual and shifting." The company declined to comment and can appeal the ruling in court.

It's maddening how disloyal companies are to their employees these days. And it would be unbelievable that a company would fire a man while he is recovering from cancer had it not clearly happened, according to the commission.

It's sad to see that these things do, indeed, happen. But the good news is that there are aggressive and caring Santa Ana Discrimination Lawyers who are willing to fight the big companies and set the record straight in defense of the little guys.

Continue reading "Man Fired During Cancer Recovery Gets $846k in California Discrimination Case" »

More good news for employees who could potentially face discrimination whether at work, in applying for housing, education, in public, elections, obtaining a loan, or when seeking health and life insurance.

A new law passed by California lawmakers that went largely unnoticed by the news media was an update to the 52-year-old Unruh Civil Rights Act of 1959. That act banned discrimination based on race, national origin and religion. It has been updated throughout the years to include gender and sexual preference based discrimination as well. It now includes genetic discrimination.

But genetic discrimination is a new area of protection for California consumers and citizens. While there is a federal genetic discrimination law that has been in place since 2008, it deals only with hiring practices and health insurance coverage. California's law applies to many areas and is an expansion of rights that will likely be a trendsetter for other states to consider.

This is good news for everyone as it adds a layer of protection for those who could be subjected to mistreatment and discrimination in Santa Ana and elsewhere throughout the state. Yet, if someone faces genetic discrimination, he or she should immediately contact an experienced Orange County Discrimination Lawyer who can help you get justice.

Genetic discrimination is a relatively new term and applies to factors that may apply to a person based on his or her DNA and family member issues. For instance, a person may have a family history of heart issues or breast cancer. The law states that those facts can't be held against them if they are applying for a job, seeking health insurance or life insurance, or attempting to buy or rent housing anywhere in California.

While it's hard to believe, some employers will pass on hiring a more qualified candidate because he or she has a potentially life-threatening illness or some other issue. Typically, these employers may be afraid the illness is contagious or that the person could die and the company would lose the position due to budget cuts.

This just isn't fair and isn't right. A company can't make decisions of hiring, firing and promotions based on when a person could potentially get sick, need hospitalization or even die. That's simply not ethical and now it's illegal as well.

Discrimination can come in many forms in terms of employment in California. The law bans discrimination based on race, sex, age and other forms. But it shouldn't be difficult to determine if a person is facing discrimination at work. If other employees are treated better or receive preferential treatment over another person or persons, it's likely a case of discrimination.

If a person isn't hired because of one of these factors, it should be pretty obvious that the company has not followed the intent of the law and immediate action must be taken. If you or a loved one is in a situation where you aren't promoted, were not hired or are fired for reasons not based on your work quality or productivity, you should consult with an experienced Orange County Employment Law Attorney right away.

Continue reading "California Genetic Discrimination Law Aids Victims in Santa Ana, Statewide" »

Imagine walking into a department store you love to shop at and having an employee tell you you can't buy something or they won't help you because of what you look like.

That's what a woman says happened to her in 2010, when she tried to buy a men's shirt from a Bloomingdale's department store in Century City. According to a lawsuit, reported on by the Los Angeles Times, the woman tried to make the purchase for her wedding, but was denied based on her gender.

Discrimination in Orange County and elsewhere is typically considered an at-work offense, but the truth is discrimination can occur in many settings -- from work to public housing or credit applications to the retail industry. Consulting with an experienced and aggressive Orange County Discrimination Lawyer as soon as possible can ensure the offenders are held accountable for their unlawful and unjust actions.

According to a lawsuit filed recently in Los Angeles County Superior Court, the woman went to the store to buy a shirt for her upcoming wedding. When she ventured into the men's department, seeking to buy a men's shirt for the occasion, she was alleged denied by a male employee.

The lawsuit states, according to the newspaper's account, that the woman walked into the upscale department store and was approached by a salesman. The man allegedly asked her for whom she was buying the shirt and the woman replied it was for her.

According to the newspaper, the worker used some "offensive" comments toward her and asked her why she would be buying a man's shirt. "You're a woman; you shouldn't wear men's clothing. He then turned his back to her and stalked away," the lawsuit states.

The woman then allegedly began to cry near the store's jewelry counter while waiting for a supervisor. The woman said she hasn't been able to re-enter the store since even though the store offered her a free shirt. The lawsuit seeks a jury trial and unspecified damages. The lawsuit names Bloomingdale's as well as parent company Macy's Inc. and alleges the stores refused to provide equal accommodations based on "her actual or perceived sex or sexual orientation."

Cases of discrimination are perhaps most common in the workplace, however, and California's Fair Employment and Housing Act helps protect workers from facing undue discrimination in small companies and contract situations. The law defines who is protected and under what circumstances.

There are also protections under federal employment law in Orange County. These protections typically apply to the age, gender, race, sexual orientation, disability and other characteristics of an employee.

People can face retaliation for filing complaints at work or they can be shorted pay in wage and hour disputes. There are many aspects of employment law in California that are designed to help the worker have a fair working experience without having to fear an unbalanced environment.

Continue reading "Bloomingdale's Sued For Alleged Discrimination in Century City" »

The U.S. Department of Justice recently settled its lawsuit against a Southern California city that it accused of violating the civil rights of a Buddhist group, the San Gabriel Valley Tribune reports.

The city of Walnut, which is east of Los Angeles, settled the complaint with federal authorities recently after the government accused the city of discrimination by denying the religious group's request to build a Zen Center, which would have been the only non-Christian religious center in the city.

Discrimination can come in many forms and none of it is lawful. Religious discrimination can happen in public, as this story suggests, but it can also happen in the workplace. Workplace discrimination in Santa Ana and throughout California shouldn't be tolerated and an experienced Orange County Employment Lawyer should be consulted if you or a loved one has experienced it.

The Justice Department's complaint alleged that the city denied the Zen Center's application in 2008 and until that point hadn't rejected a permit for the construction, expansion or operation of a house of worship since at least 1980.

Under the settlement, the city agreed not to impose different zoning or building requirements on other houses of worship. City officials will also have to attend training on religious discrimination and land use.

According to the news article, the group began designing its center in 2001, but in 2003, city officials began voicing concerns about the center. Despite concessions, including scaled-back plans, the city still rejected its application. The Buddhist group finally bought property in Pomona and opened a temple there, selling the Walnut land.

While this appears to be a clear case of religious discrimination in the public realm, this type of discrimination can happen at a job just as easily. In 2010, there were 3,790 complaints of religious discrimination filed with the U.S. Equal Employment Opportunity Commission. That's up from about 1,700 in 1997.

There were also 330 settlements in 2010, up from 89 in 1997. While many of the 3,800 religious discrimination complaints were unfounded, in about 10 percent, reasonable cause was found. In 2010, the commission settled $10 million in claims.

So, as you can see, it does happen. Employers tend to discriminate against religions they are less familiar with. But regardless of their knowledge level of a particular religion, they aren't allowed to promote others or afford fewer opportunities to someone based on their worship practices.

Religious discrimination falls under Title VII of the Civil Rights Act of 1964 and is federally regulated. Some provisions of the law:

-An employer shouldn't treat an employee less favorably or more favorably because of the employee's religious beliefs.

-An employee can't be forced to take part in religious activities as a condition of employment and can't be forced to forgo religious activities.

-An employer must reasonably accommodate the employee's religious practices.

Continue reading "California City Settles Religious Discrimination Lawsuit" »

A former female Los Angeles Airport police lieutenant was awarded nearly $1 million in a gender discrimination case by a jury recently.

This is just another case of businesses and agencies that don't treat their employees fairly and pay a hefty price for their illegal and unjust actions. Cases of workplace gender discrimination in Los Angeles and other injustices based on a person's age, race, religion, ancestry, sexual orientation or other factors go on every day. And that's why consulting with an experienced Orange County Employment Lawyer is important.

In the police officer's case, she worked for the LAX Police Department since 1980 and held a lieutenant's rank for 10 years. She alleged that being a woman prevented her timely promotion to a captain's position, the Times reports.

Based on her qualifications, she argued at trial, she should have been promoted several years ago, but didn't fit the "mold of a captain in a law enforcement organization." She retired last year and her jury awarded her $925,209 for the discrimination. Counts of retaliation and harassment were denied.

This case reminds us of several other high-profile cases of gender discrimination reported by the California Employment Lawyer Blog. Retail giant Wal-Mart is fighting off more than one million former and current female employees, who believe there is widespread gender discrimination at the company, which provides lower pay and fewer promotions to employees. A Texas woman recently sued her former boss for age discrimination because he allegedly wanted her to dye her gray hair.

Women have spent decades seeking equal rights in the workplace. But studies still show that their male counterparts are paid better despite the progress they have made. And this discrimination shows today.

There are many examples of women who are denied promotions, aren't hired at all or don't receive the specialized training on the company dime that male co-workers do. And sometimes this discrimination is wide open where all employees can see. Sometimes, this involves decisions made behind closed doors that violates the female worker's rights.

Regardless of how it happens, it is unjust and must be fought. In this tough economy, many people are thrilled simply to have a job and will endure discrimination if it means they are getting a regular paycheck, but this isn't acceptable. For those who believe they may be facing discrimination at work, simply consulting with an Orange County Employment Lawyer is a good first step.

It is sometimes possible to be awarded damages on top of back and future pay as well as remain employed if a case is settled or goes to trial and is successful. While there are no guarantees, each case should be explored to see what the options may be. Businesses and corporations must be held accountable for their practices that treat employees unfairly -- not based on their job quality but on factors they can't change.

Continue reading "LAX Policewoman Gets $1 Million in Discrimination Case" »

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" »

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" »

In one of the more unusual employment lawsuits in Orange County or the surrounding areas, a Southern California man claims he was fired from his job at a NASA laboratory for doubting Charles Darwin's theory of evolution.

Our Orange County discrimination lawyers would file this one under discrimination based on religious belief, which is protected by state and federal law. The Pasadena Star-News reports the employee is a well-known proponent of "intelligent design" who writes the blog "Creation-Evolution Headlines."

He initially filed suit in Los Angeles Superior Court last April, claiming he was demoted from his job at NASA's Jet Propulsion Laboratory because of his beliefs. He now plans to add retaliation charges after he was laid off from the lab earlier this year. He may also claim a free-speech violation.

The original discrimination lawsuit in Los Angeles was filed under the California Fair Employment and Housing Act. An Orange County employment attorney may claim retaliation if a client suffers negative consequences as a result of asserting his or her rights in the workplace, whether the issue is employment rights, or alleging a violation of health and safety regulations.

The First Amendment claim could be made as a result of a new Supreme Court decision, NASA v. Nelson, which was issued in response to a lawsuit by employees of the lab, which claimed background checks were a violation of their civil rights.

Legal theorists said such an argument might be made if intelligent design is viewed as a political opinion and not a religious one; protections for religious activity have not been read by the courts to include speech during work hours.

Detractors say the scientific community at NASA has encouraged criticism of intelligent design and has tried to shut down any pro-intelligent-design view points. The same employee has made a First Amendment claim against the California Science Center in Los Angeles.

Continue reading "NASA lab faces discrimination suit in Southern California over Creationism" »

The California State Automobile Association lost a pay and age discrimination dispute on appeal after the court found the organization's reasons for terminating older workers "doubtworthy."

An Orange County discrimination lawyer should always handle cases of wage, age or sex discrimination in the workplace. Such cases have become more common as the workforce ages and companies seek to trim high-wage earners from their payroll.

Victims of age discrimination can be devastated both emotionally and financially and may never recover the earning power that comes with losing a job late in one's career. An Orange County employment attorney can review the facts and circumstances in such cases and may be able to successfully fight to reclaim a client's job or obtain a financial settlement.

The human resources trade publication HR.BLR reported that the three employees joined the CSAA office prior to 1976, where they worked as sales agents. They had agreements that sales quotas would be reduced by 15 percent for those over 55 with at least 15 years of service. And by an additional 25 percent at the age of 60.

In 2005, one of the defendants was fired for failing to meet his sales quota. He was 57-years-old. The two others, ages 57 and 55, were fired for refusing to sign revised compensation plans without reduced quotas. All three sued in 2005 but the case was dismissed by the trial court.

An Orange County employment lawyer may file such cases under the Fair Employment and Housing Act, which prohibits discrimination of a protected class. In this case, the representatives claimed the CSAA wanted rid of them so it could claim renewal premiums that would otherwise go to its veteran employees. CSAA claimed the changes were for competitiveness and internal fairness.

The appeals court found sufficient evidence of discrimination to return the issue to the lower court. In particular the court cites testimony that the company was looking to rid itself of older employees and was "looking for new blood going forward."

Continue reading "California State Automobile Association accused of Age Discrimination" »

A race and age-discrimination lawsuit in Los Angeles can proceed against the NBA's Los Angeles Clippers after a judge refused to throw out the suit brought against the team by its former general manager, Elgin Baylor, according to the Beverly Hills Courier.

With increasing frequency, our San Bernardino employment lawyers are being called to deal with cases involving age discrimination in Los Angeles and the surrounding areas. Amid the economic downturn, employers often decide to layoff their veteran employees, who are frequently among a firm's highest paid. In certain cases, age discrimination may result. For Baby Boomers -- particularly those who have decided that working a few more years is the best way to fund a secure retirement -- the consequences can be dire. Consulting an experienced attorney is your best bet when it comes to fighting for your rights in the workplace and protecting the financial well-being of you and your family. Too often, veteran employees who are downsized as a result of age discrimination will be unable to find a comparable position at comparable pay.

In this case, Clipper officials say Baylor resigned in October 2008 after 22 years as GM. However, his lawsuit claims he was unceremoniously dumped from the team based on race and age discrimination. A Los Angeles Superior Court judge dismissed the team's request to throw the case out of court. The employment lawsuit also alleges that Baylor was underpaid, never earning more than $350,00 a year, which is not comparable to the GM salaries for other NBA teams.

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.

The Los Angeles Times reports the wrongful termination lawsuit is scheduled for trial on March 2.

Continue reading "Clippers face wrongful termination lawsuit based on age, race discrimination in Los Angeles" »

Gender discrimination in Los Angeles may be part of the reason women doctors make less than men, according to a recent report in the L.A. Times.

Our employment lawyers in Riverside and Orange counties are often called to represent clients who have been fired or suffered harm in the workplace as a result of discrimination based on age, gender, race or other factors. While we have made great strides as a nation when it comes to gender equality, women continue to be paid less than men for the same job.

In other cases, women may be passed over for a promotion. As we reported late last year on our California Employment Lawyer Blog, women hold fewer than 1 in 10 of the top executive positions at California's 400 largest companies.

An article in the journal Health Affairs recently reported women doctors are paid an average of $16,819 less than men at the beginning of their careers. But the premise of the article may itself have been biased as it attributed the pay difference to women choosing jobs with more flexible hours and other family-friendly attributes.

The article contends the same inequality in pay exists between male and female anchor teams at every television news station.

In 1999, new women physicians made $151,000, versus $173,000 for men, a difference of 12.5 percent. In 2008, women made $174,000 compared to $209,000 for men, a difference of 17 percent.

Continue reading "Gender discrimination frequent cause of pay differences in Riverside, Orange counties" »

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" »

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.

The U.S. Supreme Court has agreed to hear a gender employment lawsuit against Wal-Mart in what has become the largest class-action employment lawsuit in U.S. history.

Our San Bernardino discrimination attorneys understand the challenges faced by employees of big-box stores and other large retailers. Wal-Mart has grown to become the nation's largest employer and has been taken to court for previous allegations of unfair labor practices. Giant retailers have an obligation to treat employees fairly. 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.

CNN reports the nation's high court has accepted the Arkansas-based company's appeal in a case of corporate versus workers rights. The 6-5 San Francisco circuit court opinion earlier this year permitted the multiparty litigation to move forward. A verdict could cost the company billions of dollars in damages.

The allegations are that Wal-Mart engaged in gender bias in pay and promotion of workers at its stores throughout the United States. The court will decide whether as many as 1.6 million current and former Wal-Mart employees can ban together to claim discrimination over the past decade. The lawsuit claims women were paid less and given fewer opportunity for promotions than the men employed by Wal-Mart.

Plaintiffs claim women make up more than 70 percent of Wal-Mart's hourly workforce but have made up less than one-third of its store management. The original lawsuit was filed in 2001 by a Pittsburg, California door greater and five coworkers.

Continue reading "High Court to decide Wal-Mart class-action gender discrimination lawsuit filed in California" »

A former Cal Poly dean has filed an employment lawsuit in Southern California, alleging religious and racial discrimination, defamation and wrongful termination, according to Cal Coast News.

Consulting an Orange County employment attorney or Riverside employment lawyer is critical to protecting your rights when unfair labor issues occur in a university setting. Frequently, an employee has invested years or decades earning the protection of tenure. When promotional or advancement issues arise under such a system, discrimination issues can result in an employee being unfairly passed over for a promotion or other recognition.

In this case the former dean of the College of Engineering filed the employment lawsuit in Los Angeles Superior Court on Dec. 7. The suit involves his unsuccessful effort in 2008 to assist a Saudi Arabia university in establishing an engineering program. The complaint lists as defendants Cal Poly's Provost and Vice Principal of Academic Affairs as well as an engineering professor and a blogger.

He is seeking an order forcing the university to reinstate him to his previous position, as well as unspecified monetary damages. He was hired as dean in 2005 and demoted in June of this year. The lawsuit alleges the defendants were responsible for a series of racist and defamatory attacks during negotiations with the University of Saudi Arabia.

The CalCoastNews reported in 2008 that the project with the Saudi Arabia university was itself discriminatory, indicating it would not welcome women, Jews or gays.

Other media reporting on the issue included the Los Angeles Times and NPR's California Report. A media report indicated that the dean was let go "after years of controversy, high staff turnover and faculty discontent."

He was also forced to step down as the head of the department of mechanical and aeronautical engineering at North Carolina State University, amid similar reports of dissatisfaction, according to media accounts. He held that position from 1999 to 2004.

The blogger is accused, among other things, of circulating a picture of Osama Bin Laden wearing a Cal Poly jersey. He contends it was in reference to Cal Poly's proposed relationship with the Saudi Arabian university.

Continue reading "Cal Poly professor claims racial discrimination over proposed partnership with Saudi university" »

Women hold fewer than 1 in 10 of the top executive positions at California's 400 largest companies, the Los Angeles Times reported.

Our Orange County employment discrimination attorneys have seen improvements in the wage and income gap between male and female executives. And we are seeing more women rise to hold top executive positions. But each time one of these surveys is conducted it is a reminder that sexual discrimination in the workplace is still an ongoing issue nationwide.

When women are passed over for promotions at work based on their gender, they can and should consult an experienced employment attorney in Los Angeles. Over the course of a career, promotion delays and smaller wages can have a drastic impact on your financial status, quality of life and peace of mind. And, cumulatively, such tactics in the workplace can even threaten your security in retirement.

The latest study by UC Davis found that women accounted for 12 percent of directors and 12.3 percent of the highest-paid executives at the 79 Los Angeles firms on the list.

Statewide, just 16 of the 400 companies had a female chief executive, although that is up from 15 in 2009 and 11 in 2006. The study did find, however, that the percentage of women on the boards of most company coincides with the percentage of women in top management positions, which at least suggests that discrimination is less likely to occur once an executive has reached the top.

"What this suggests is that once you make it into top management, the chances of getting appointed to the board are roughly the same whether you're a man or a woman," said Donald Palmer, a UC Davis profession involved in the study. "If discrimination is taking place, and I think it is, it's likely taking place at the many lower levels in an organization."

The survey found that one-third of California's 400 largest public companies had no women among directors or top executives. Silicon Valley tech companies had the worst record of selecting women for these positions.

Continue reading "Lack of female executives points to discrimination against women in the workplace in Los Angeles" »

The government's largest contract provider of security services has agreed to pay $1.26 million to 26 female employees for pregnancy discrimination, according to the U.S. Equal Employment Opportunity Commission.

Our Los Angeles employment attorneys represent women in the fight for fair treatment in the workplace. Whether the charge is pregnancy discrimination, age or gender bias or sexual harassment, women have the right to work in an environment free of such issues.

Akal Security, which provides contract security guards at U.S. military bases, was accused of forcing pregnant employees to take leave and discharging them because of pregnancy. The company was also charged with subjecting pregnant women to less favorable terms and conditions of employment, including preventing them from taking annual physicals or firearms training or forcing them to take such tests before their certification expired.

The company also reportedly retaliated by filing criminal charges against an employee who complained of the discrimination.

Akal is one of the nation's largest contract security companies and operates in 40 states and 20 countries. It was accused of violating Title VII of the Civil Rights Act of 1964 and the Pregnancy Discrimination Act, which prohibits gender discrimination in employment.

“This is a very important settlement that will help protect an entire class of women from discrimination on account of pregnancy,” said EEOC Chair Jacqueline A. Berrien. “This agreement reinforces the EEOC’s commitment to securing fair and equal treatment for all women in the work place.”

In addition to the monetary settlement, the company must report to the EEOC when an employee is required to take a leave of absence while pregnant or is terminated while pregnant. It must also report any testing of pregnant employees and provide additional training for managers.

“Akal operated its business without regard to federal law,” said Barbara Seely, an EEOC attorney. “Employees who become pregnant and can continue to perform their jobs should not be pushed out of traditionally male jobs just because they don’t fit the employer’s image. We are confident Akal now understands the price of allowing this type of illegal stereotyping to drive employment decisions, and that it will ensure pregnant employees are treated fairly going forward.”

Continue reading "Security firm must pay $1.26 million to settle allegations of pregnancy discrimination" »

A vacation-home rental company will pay $165,000 to settle an employment discrimination lawsuit alleging that it discriminated against Latino employees, according to the Sierra Star.

The Los Angeles office of the Equal Opportunity Employment Commission reported that "An investigation was undertaken that led to a finding of discrimination, harassment and retaliation."

Our Orange County employment attorneys understand the anger and frustration that can come with discrimination in the workplace. Such discrimination, whether based on age, religion, sex or race, can make even the most capable employees feel powerless. Frequently, an employee is hesitant to say anything, or to take action -- particularly in a today's economic environment, where good jobs are scarce. We understand. And we offer confidential consultations to discuss your rights if you feel you have been discriminated against in the workplace.

Wawona Property Management Inc, doing business as The Redwoods -- a vacation home rental company in Yosemite National Park -- was sued in September by the U.S. Equal Employment Opportunity Commission. The suit claimed five Latino employees were targeted for harassment, discrimination, increased scrutiny and eventual termination. The suit claimed an operations manager favored non-Latino staff.

The suit also claimed the company's general manager was fired after reporting discriminatory conduct to the company's board of directors.

The California employment lawsuit said the employees were seasonal workers of Mexican and Salvadoran descent, who worked in housekeeping and maintenance. When a new operations manager was hired, the lawsuit claims he took disciplinary action against Latino workers after making disparaging remarks about them. Meanwhile, non-Latino employees who violated company policies were nevertheless promoted.

The EEOC filed the lawsuit in the U.S. District Court for the Eastern District of California, claiming that the discrimination against national origin and harassment and retaliation where a violation of Title VII of the Civil Rights Act of 1964.

The Redwood has subsequently agreed to revise its policies with respect to discrimination, harassment, retaliation and employee evaluations.

The EEOC reports that cases of discrimination of national origin are up 20 to 40 percent nationwide.

Continue reading "Race Discrimination Lawsuit in California leads to $165,000 settlement involving vacation home rental company" »

An employment lawsuit in Los Angeles has been filed against a clothing company, alleging disability discrimination.

The Mercury News reports that the Equal Employment Opportunity Commission flied the lawsuit in federal court.

The EEOC contends that American Apparel Inc. violated federal law when it fired a disabled garment worker on medical leave for cancer treatment. The lawsuit contends the employee requested medical leave to undergo chemotherapy treatment for cancer. His leave was approved and the employee provided the proper documentation about his treatment. His employment was terminated upon his return to work after the company allegedly told him there was no position available for him.

Our Los Angeles employment lawyers understand the devastation that an employer can cause by unfairly terminating an employee facing a health crisis, injury or disability. Unfortunately, the current economy and high unemployment rate can discourage an employee from reporting a work injury or seeking assistance in cases where he or she faces discrimination in the workplace. Laws are in place to protect employees in such situations, while failure to follow proper reporting procedures can limit or even eliminate your right to protect your job and collect damages for violations of law.

Under law, a person with a disability is an employee who:
-Has a mental or physical disability that substantially limits one or more activities.
-Has a history of such impairment.
-Is perceived to have such impairment.

In this case, the EEOC alleges that the apparel company violated the Americans with Disabilities Act by denying the garment worker's request for reasonable accommodations and fired him because of his disability. The lawsuit seeks back pay, compensatory and punitive damages and injunctive relief to prevent future instances of disability discrimination.

“Workers with disabilities cannot be cast off at the first sign of a disability-related issue,” said Anna Y. Park, regional attorney for the EEOC’s Los Angeles District Office. “Employees have the right to seek and obtain a reasonable accommodation to modify their job, environment or schedule in order to continue working despite disability-related challenges.”

Olophius Perry, district director for the EEOC’s Los Angeles District Office, noted making accommodation for those with disabilities often requires minimal effort on the part of an employer.

“When an employee requests time off or any other type of accommodation related to one’s disability, it is the employer’s legal obligation to consider it," Perry said. "Employers must engage in the interactive process with the employee to assess whether there is a way to accommodate the request or agree to an alternative solution. Often, the cost of accommodation is minimal.”

Continue reading "Employment lawsuit filed against Los Angeles apparel maker alleges disability discrimination" »

The U.S. Equal Employment Opportunity Commission has filed a federal lawsuit accusing Chapman University of discrimination, the San Jose Mercury News reported.

Our Los Angeles employment attorneys represents clients facing discrimination, wrongful termination and other employment issues throughout the Los Angeles area, including Santa Ana, Orange County and Riverside.

Chapman University, which is located in Orange, California, is accused of denying tenure to a black professor because of race. The University later fired the woman.

The lawsuit claims the private Southern California university denied tenure in 2006 to the business school's only black faculty member, who was highly regarded by colleagues. The woman was fired in 2008.

Meanwhile, the lawsuit accuses the university of promoting professors with worse performance. The lawsuit seeks punitive damages and a court order prohibiting future acts of employment discrimination by the university.

The OC Weekly reports that the professor was hired by the Chapman Argyros School of Business in 2001 and applied for tenure and promotion from assistant professor to associate professor in 2006. The lawsuit, filed in the U.S. District Court for the Central District of California, alleges she did not advance because of her race. It states she was the only black faculty member in a department of about 30 people.

Continue reading "Southern California University charged with discrimination in federal employment lawsuit" »