2 Challenges Veterans Might Face at Work

Veterans often have difficulties getting hired, in part due to widespread stereotypes and biases against them. Even when veterans get past that first stage and are hired (congrats!), they unfortunately still often have challenges to deal with in the workplace. They might find that they do not love the new job. Maybe their coworkers are cruel, scorning the military, or perhaps the boss is treating them differently than everyone else because of their status as a veteran. If you are a veteran and that sounds familiar to you, you are not alone. Luckily, veteran status is a protected class in California and employers are not allowed to discriminate based on that in the same way they cannot discriminate based on traits like gender, disability, or race. In fact, veterans have additional safeguards under federal and state law, as well, such as the right to reemployment after service with job security for a year for those who meet eligibility criteria. Although legal protections exist, employers and even coworkers can still violate your rights. This article will give a few examples of challenges veterans might face at work to help illustrate what to look out for in the workplace. If your rights are violated, an employment attorney can help you figure out what you can do about it.

1. Harassment from coworkers

One thing that most people can agree on is that doing a job becomes much more difficult when coworkers create an unwelcoming, even hostile, work environment. No one wants to go to work if they cannot count on being respected by their colleagues and boss. Because of negative stereotypes and personal biases, oftentimes people can act very poorly towards veterans, even if they do work with them. Harassment, though, is a form of illegal discrimination and in California, both employers and coworkers can be held liable for engaging in it (or, as an employer, permitting it). To get a sense of what harassment against a veteran could look like, let’s imagine the following:

Nick served in the Marine Corps for four years. When he returned, he was reinstated to his former position as a factory worker, but was let go after a year. After this, he spent a few months searching for a job before finding a place that hired him. His new job is similar to his old one, but he finds himself wishing he could go back to his old job because of his new coworkers. For the first few months at this job, Nick’s coworkers make him the butt of their jokes constantly, even though after the first few weeks, he told them to knock it off. With clear disdain, they make fun of things like his “military posture” and denigrate his morals, saying things like that he has “the blood of a killer.” Nick’s focus is constantly interrupted by anxiety over what he feels is bullying and he comes to detest going to work. Even his blood pressure has increased since starting this job. Eventually, he files a complaint with human resources.

Nick is in what appears to be a very hostile work environment due to the harassment by his coworkers. If nothing is resolved after he notifies the company about the discriminatory harassment, Nick could have a legal claim against his employer for permitting discrimination in the workplace. Note that harassment is not always so obvious; it can also come, for instance, in the form of rumors or inappropriate but not ill-intentioned comments. Regardless of how the harassment manifests, it can be very damaging to the victims and employers must protect their veteran employees from the suffering it can cause.

2. Denial of time off for medical leave

Veterans often suffer from serious health conditions related to their military service. Common conditions include amyloidosis, traumatic brain injury, respiratory cancers, musculoskeletal ailments, and depression. Federally, the Family and Medical Leave Act offers eligible employees under covered employers up to 12 weeks of leave in a 12-month period for a few different purposes, one of which is to deal with serious health conditions. Although this leave is generally unpaid, employees can use accrued paid leave during FMLA leave. This means that for veterans who have accrued paid leave from their civilian job during their military service (under a different federal law), they may be able to get paid time off for a serious health condition upon returning. Let’s look at an example of how a veteran might illegally be denied time off for a serious medical condition:

Tiana returned from military service two years ago. For a year and a half, she has been working full-time at the same big company. She has been diagnosed with clinical depression, which she is taking antidepressants for. Despite this treatment, she begins to notice that, as happened before she was on medication and at this job, she is finding it impossible to sleep, is irritable all the time, and no longer finds interest in her work or hobbies. When she realizes these symptoms of depression are severely interfering with her life and her job, she asks her psychiatrist if her medication might not be working as it should. Tiana is told that she can switch her antidepressants if she would like to, but recommends that regardless of whether or not she wants to take antidepressants, Tiana should take time off from work to do some inpatient therapy. When Tiana requests this time off from work, giving a short but sufficient explanation of why along with her doctor’s note to her employer, she is told that she doesn’t need time off; she just needs to spend more time in the sun.

Tiana’s employer, assuming she is subject to the FMLA, is breaking the law by denying Tiana time off to treat her serious health condition. There is a pervasive stigma against mental health disorders, but they are as debilitating as physical disorders, oftentimes more so, and they are covered by the FMLA. Veterans have increased rates of multiple serious health conditions compared to the general population, so it is important that their rights to treatment and healing time are not violated. Moreover, discriminating against an employee, veteran or not, based on a physical or mental health condition is illegal.

            Serving in the military is anything but a cakewalk. It involves an often highly dangerous job, time away from family, and for many returning veterans, it leads to workplace discrimination and denial of rights that should be afforded to them. With all that veterans have sacrificed for the country, it is well within their rights to speak out against unlawful behavior. If you are a veteran facing challenges like the ones above or you believe your rights have been violated in another way, contact an employment attorney. You deserve respect and fair treatment at work, and an employment attorney can help you get what you are entitled to if you are denied that. 

3 Examples of Invasions of Privacy in the Workplace

Unlike other states, California has a special protection of privacy written into its constitution, which says citizens have certain inalienable rights, including “pursuing and obtaining safety, happiness and privacy.” Different statutes also provide specific privacy protections for California employees. For instance, employers cannot demote, suspend, or terminate employees for participating in conduct that is not illegal during off-duty hours (given that the behavior occurs away from the place of work). Employees have the right to sue employers for violating reasonable expectations of privacy, as measured by objective and widely accepted social norms.  This article describes a few of the ways in which employers are not allowed to invade the privacy of their employees. If you find that your legal rights in the workplace are being violated, it is a good idea to consult with an employment attorney, as the law can be complex and difficult to navigate for people who are not experts.

1. Drug testing in some cases

Job applicants can be drug tested once they have received conditional offers, as long as they are all drug tested and it is not an issue of discrimination. For instance, an employer who only obliges African American applicants to take drug tests as a condition of employment would be in blatant violation of federal and state discrimination laws. For most jobs, random drug testing of current employees is typically considered unreasonable. Exceptions, of course, do exist and include employees who work in safety or security sensitive roles. Employers who have reasonable suspicions about illicit drug use can do a drug test; it is random ones that are unannounced and not previously consented to that are most problematic. If you talk to a discrimination lawyer you will find out that Employers should have written policies about drug testing, which can be important to set employee expectations (recall that it is illegal for employers to violate their employees’ reasonable expectations of privacy).

2. The imposition of medical exams or questions about medical information

            Employers are not allowed to discriminate based on a medical condition or disability status. To this end, they generally cannot oblige employees to disclose the medications they are taking or to provide information about the internal state of their body. Generally speaking, employers cannot ask job applicants to reveal confidential medical information or to submit to medical examinations. However, once a job offer is made, an employer can make it conditional upon you passing a job-related medical examination (e.g. a fitness test for a firefighter that assesses specifically job-related duties). Of course, that means all entering employees in that kind of position must be required to do the same. One person cannot be singled out due to the employer’s belief that they have a disability, as that would be illegal discrimination. Additionally, even if a disability is revealed during such a medical exam, if the individual can perform the essential functions of the job with a reasonable accommodation (one that does not pose an undue hardship on the employer) then the employer cannot refuse to hire them. 

Moreover, medical records that an employer might have about employees for health insurance claims, workers’ compensation claims, or disability or medical leaves must be kept confidential. Your boss cannot go around telling all your coworkers that you have diabetes, for instance, if you only told your boss because you needed to take leave because of it and do not want that information shared with others. It is best for employers to keep medical documents separate from personnel files and kept in a secure location that only designated staff members can access.

A professional discrimination attorney can help you to stop discriminating based on a medical condition or disability status

3. Invasions of privacy related to social media

            With the pervasiveness of social media in today’s world, it is likely no surprise that privacy concerns can be a huge issue for people who use it. Most employees do not want their bosses snooping on their social media accounts. Where else would they complain about their micromanaging and silly habits? To help address this issue, California enacted Labor Code Section 980 in 2013. Generally, it limits employers from accessing employee social media. The law bars employers from asking or demanding that an employee or job applicant do a few different things. For example, your boss cannot request or order that you tell them your username or password so they can access your personal social media. Your boss also cannot require you to access your social media accounts in their presence (they don’t need to see that you complained about them twice last week!). Employers also cannot retaliate against an employee for refusing access to personal social media. However, employees who do not want their employers looking at their information online should ensure that their privacy settings hide their information from people who they have not explicitly granted access to (e.g. Facebook friends).  

A related issue that comes up in the context of discrimination is employers using social media and having access to information that they are not legally permitted to use in the hiring process, like age/race/sex. Wittingly or unwittingly, people who make hiring decisions may discriminate against people based on membership in protected categories if they look up the social media profiles of applicants. Even if only your profile picture is available to the public, that can still tell employers your approximate age, gender, and race, which could bias their decisions. To avoid this problem, employers should employ a hiring system that erases the problem. For instance, a third party could be asked to look up the social media profiles of applicants and scrub all the details about things employers are not allowed to ask of applicants and then give only the relevant details to the person or people making hiring decisions.

            Do any of these situations sound familiar to you? If so, you may be a victim of a workplace privacy violation. If you think your reasonable expectations of privacy in the workplace have been violated or you have been wronged at work in some other way (e.g. discriminated against, sexually harassed, or retaliated against for protected activity), you may want to contact an employment attorney to see what you might be able to do about your situation.   

5 Things You Didn’t Know About Being Forced to Quit

                If your boss fires you for an illegal reason you can assume you should call an Employment Attorney to discuss a potential suit against the organization for wrongful termination at the very least, but what if you were forced to resign? Being “forced to quit” or “forced to resign” at first blush sounds a bit out of the ordinary. What does it actually mean to be forced out of your position, and if you actually were forced out, do you still have a claim against your ex-employer?  Usually, if an employee finds themselves in this kind of a situation, he or she may bring a claim for wrongful termination and or breach of employment contract which came out of an employee’s forced resignation.  Below are five things you may not have known about being forced to quit. 
 
 
1.  Being forced out of your job is an actual thing
 
                Being squeezed out of your employment by your employer is a thing, it’s called “constructive discharge”.  The way in which constructive discharge arises is in situations where an employer actively tries to make the particular employee’s employment so unbearable that they are forced to resign or retire which may be a reason to sue for wrongful termination and or breach of their employment contract. 
 
                In order to pursue a claim against an employer for construct discharge, an employee would need to prove it is more likely than not that their employer purposely made the employee’s work conditions unbearable or the employer knew the conditions were unbearable and did nothing to cease further occurrences.  Again, this is something a wrongful termination attorney should analyze in order to decide whether there is a potential claim.

 2. Were you pressured into quitting or resigning?
 
                What factors are taken into account in deciding if an employee really was constructively discharged? Although not an exhaustive list, there are certain features an Employment Attorney will consider in deciding if an employee was constructively discharged.  The features include a reduction in rank, a decrease in pay, decrease in job responsibilities, harassment, including sexual harassment or harassment based on a protected class, and causing extreme humiliation, all of which amounts to forcing the employee to quit.
 
 

3. It’s based on an objective standard
 
                In deciding whether an employee was constructively discharged, the behavior of the employer is observed from an objective standpoint not subjective. This means the employer’s acts are judged based on what a reasonable employee in that particular employee’s position would have found to be intolerable work conditions, not what the particular individual may find to be unbearable. The rationale is to avoid the allowance of overly sensitive employees to make claims but it also does not allow employers to escape a lawsuit even if a particular employee is more tolerant than most.
 
                Keep in mind that in applying the objective view, even if the reasonable employee would find certain treatment to be upsetting or disappointing, those feelings are not enough to amount to an unbearable work environment.
 
                An employment lawyer will be able to apply the reasonable person standard to your situation and tell you if a reasonable employee would likely find the circumstances unbearable.
 
4.  Where is the line drawn?
 
                “Intolerable” or “unbearable” working environments are usually measured by how often the acts in question occur. For example,  the more frequent the conduct or harassment, the more likely it is considered insufferable. Also, employment law will likely classify a work situation as “intolerable” if it is abnormally antagonized. For example, Pam worked at a retirement home as a nurse. For several months her boss had been continuously transferring her to different positions, placing her under the supervision of other employees who were less qualified than she was and also much younger. Often her boss would violently scream and torment her in front of other employees to the point where she could not get her work done because it was so distracting. Finally, Pam was forced to resign from her position because the constant disruption of being transferred as well as harassed on a daily basis was intolerable. Here, because the acts were continuous over an extended period of time, Pam’s Employment Attorney may be able to file suit against her employer for constructive discharge.
 
 
5.  “I quit” doesn’t necessarily mean no claim
 
                It would seem rational to assume that if an employee quits their job, they can’t turn around and sue their boss but that’s not always the case.  An employee quitting may be the end result of their employer’s behavior towards him or her in the workplace. If an employee decides to quit or resign due to the way in which they have been treated by their employer, under the law the resignation may be classified as a termination. For example, George, an agent at a real estate company made a complaint to his boss about illegal practices conducted by the company. After he made the complaint, George was demoted to a lower-paying position and was forced to move his desk into the break room. This put George at an extreme disadvantage on many levels and above all George felt humiliated which ultimately lead him to quit. Here, George was entitled to make a complaint about illegal practices at the workplace, therefore the demotion and moving his desk to the break room may all be forms of retaliation. George may also show he was constructively discharged because he was subjected to the demotion, lower pay, and his demotion was put on display for the whole agency to see in the break room. An employment lawyer may be able to decipher whether George has a claim again his employer.
 
 
                Although it seems like an employee may not have a claim against their employer because they quit their job, depending on the circumstances he or she may be classified as “fired” regardless. If the employer subjected the employee to an unbearable work environment, the employee needs to consult with a legal professional.  An employee who suspects they are heading down the path of constructive discharge should reach out to an Employment Attorney to discuss the facts of their case.

SEXUAL ASSAULT CASES CLIMBED CONSIDERABLY IN THE ARMED FORCES IN 2019

 

 

Sexual assault cases climbed considerably in the armed forces in 2019.

In response, the United States Defense Department issued a new directive that's meant to combat the serious issue of sexual harassment and assault.  The department plans to codify sexual assault as another military offense with stronger penalties. 
Of sexual assault and harassment have risen throughout the army with a recent study finding that documented cases rose from 4,800 in 2016 to over 6,050 in 2018.  Because high quantities of sexual assault across all segments of society go bankrupt, officials believe the actual number could be more than 20,000 instances for 2018.  This represents an alarming rise of 38 percent over the past two years.

Right to a Safe Workplace

Employees in all offices have the right to a safe workplace free of sexual harassmentand assault.  In the aftermath of this #MeToo movement across the USA, more attention has been paid into the often-hidden epidemic of sexual harassment and assault at work.  The U.S. Army has become the subject of frustration from lawmakers and advocates for a lack of adequate improvements to tackle it within its branches, in addition to the service academies.

1 recent report found that 43 percent of women who report sexual assault to army officials say the procedure resulted in unfavorable experiences for sufferers, including retaliatory harassment.  The Defense Secretary said that the difficulty undermines morale and trust and impacts military readiness.  Members of Congress known as the problem that an urgent one and advocated for Congressional supervision due to what they view as the failure from the Department of Defense to fight it.  The five military academies also found a shocking growth of almost 50 percent of sexual assault because of 2016, according to defense officials.

In the event that you have been the victim of workplace sexual harassment or assault, it's necessary to have strong legal representation from a proficient employment lawyer who will advocate for your rights.  Sexual harassment and assault in the workplace are violations of Title VII of the Civil Rights Act of 1964 and can include a variety of unwanted advances that make a hostile workplace.  Sexual assault is also a criminal action and the army has not released additional details of how they want to further prosecute criminals and increase penalties.

Many times, workers who are experiencing sexual harassment are advised to talk to their boss. 

As per a recent analysis, power and authority frequently contribute strongly to office gender dynamic and those interactions can turn toxic

Some of the eye-opening statistics found in the analysis include:

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One in three workers (36 percent ) have witnessed someone in a more effective position make the most of an individual in a less powerful position on the job
29 percent of women and 20% of men have experienced unwanted advances from a supervisor.  (The number rises to 35 percent for men and women aged 18-34.)

Nearly one in four women (24%) believe the endured career setbacks because they denied advances from somebody in authority.

57% of women and 39% of men would abandon their jobs when they discovered an executive in their company was providing privileges to workers in exchange for sexual favors

Sound Familiar?  Hers What to Do

Document the Behavior

Is crucial to record every improper event when constructing a case for sexual harassment.  Write down what occurred, what got mentioned, the time and day, and any relevant information.  Do it as soon as possible after an event occurs

Maintain your documentation in a safe place so no one in your office can find it

Speak to Human Resources

If you submit a claim for sexual harassment with your HR department, is on them to conduct an investigation.  Should you dot have a dedicated HR officer, then finds out was in charge of the majority of employee issues at your company.  This Individual Is Most Likely the person to take this problem to

Go On Your Boss Head

If your boss is your problem, you obviously cat report sexual harassment to these that you may consider reporting it to their supervisor

Speak to an Attorney

Becoming subject to an abusive boss puts you at a specially vulnerable position is essential to talk to a lawyer with a strong Comprehension of sexual harassment law

Your sexual harassment lawyer will be able to help you ascertain what really going on and whether it qualifies as sexual harassment under the law; record and handle the situation as efficiently as you can, and file a charge if needed.

ALL VICTIMS OF SEXUAL HARASSMENT

 

 

Half of the workers surveyed report that they ignore sexual harassment

People frequently stay quiet out of fear.

Believe it or not, a recent analysis demonstrated that over half of people have spoken after seeing seen sexual harassment in the workplace.

According to the survey, while 51 percent of both men and women surveyed say they know a girl who has been sexually harassed at work, 50% admit they have spoken after hearing a colleague make an inappropriate

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Comment about a person of the other gender

The reason?  In cases where sexual harassment is happening to someone else, the majority of people are certain what to do.  And, no doubt, fear of retaliation plays into this too.

Isn't an unfounded fear. 



But sexual harassment must be happening to you especially so as to make a complaint.  And both submitting a fee (even if is not about you) and intervening to protect a person from harassment have been legally protected actions.  If you discover yourself being retaliated against, you don't have recourse in court.

What Is Retaliation

If you find your employer doing any of the following matters following your reported sexual harassment, You Might Be a victim of retaliation:

- providing you a low-performance test
- Demoting you personally, transferring you to a less desirable place or occupation, or changing your schedule to hinder responsibilities you have outside of work

- Scrutinizing your workout more closely

- Threatening to report you to authorities

- Subjecting one to verbal or physical abuse

What Rights Do You Have as a Victim of Retaliation

 Many actions you take in reaction to sexual harassment are actually protected actions under the law, including:

- Filing a complaint about sexual harassment (whether or not you were the victim), or be a witness to such a fee

- Discussing sexual harassment using a manager

- Answering questions during an investigation of sexual harassment claims

- Declining to obey orders that would Lead to discrimination

- Turning down sexual improvements

- Stepping in to protect someone else from sexual harassment.

If yore engaging in the complaint procedure, that action is protected by EEOC law.  Other actions you might take are protected as long as you were acting under a reasonable belief that the behavior in question violates EEOC legislation

Not certain what to do about sexual harassment you seen in the workplace?  Can you suspect your employer may be retaliating against you?  If this the case, you require a lawyer.

 

The best Irvine sexual harassment lawyer who specializes in employment law can help you spot was going on, determine your rights, and protect yourself from workplace retaliation.

Sexual harassment was a widespread problem in the workplace for what has apparently been ages.

Unwanted and illegal interactions at work have been worrisome for generations.  Various studies have demonstrated that eight out of 10 women experienced sexual harassment in the workplace.  Women who suffered through this experience had reported psychological and physical problems, career development issues, lower wages, and other unwanted and dire effects Reporting

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Sexual harassment and its unwanted effects dissuade women from pursuing higher wages and positions.

The Collaborative Fund for Women's Security and Dignity was launched in hopes to end sexual harassment in the workplace.  It's been noted that 11 U.S. funders have dedicated $20 million to help combat this serious and repercussive problem.  The #MeToo motion has raised awareness of workplace discrimination and harassment to a global level.

Insight into the workplace environment was brought to the forefront, and it is not only women who are affected by sexual harassment.  Workplace discrimination and harassment have become a systemic problem for all people.  The Fund is dedicated to not only equal workplace rights for all sexes but also racial justice too.  It's usually unfamiliar that African American women are exposed to more sexual harassment and violence than others; in fact, the very first workplace sexual harassment lawsuits in the USA have been registered by African American women.  Discrimination and sexual harassment have intertwining qualities that influence women regardless of their race, age, or class.

The Fund looks for and supports solutions that have come from the people who experienced them.  The Fund will begin grant making this season and will look to benefit those in the community who want to make a difference and help end sexual harassment and violence toward women.  This includes movement leaders, networks, and associations who struggle for equal rights for women throughout the world.