3 Forms of Discrimination You Didn’t Know About

                The State of California is full of employment opportunities and chances to improve your quality of life by obtaining the job that is right for you.  The sun-kissed state is marveled for numerous reasons, but for employees and applicants, it truly stands out for the many laws which protect individuals in the workplace. In California, it is unlawful to discriminate against employees or applicants based on belonging to a protected class. A protected class means race, religion, sex, gender, age, national origin, color, marital status, medical condition, gender identity/expression, and or military or veteran status. If you belong to one of these classes or possess certain characteristics of one of these classes, you are protected by California State law from being discriminated against based on belonging to the particular class or having one of the characteristics. This article discusses three forms of discrimination that may not seem obvious to the unfamiliar employee or applicant and with this knowledge and the guidance from an Employment Lawyer, you might be able to identify if you have a case.

 

 

1. Exclusion From Training

 

An employer who chooses to exclude an employee or applicant from training that may lead to employment, advancement, or an internship opportunity just because the employee or applicant belongs to a protected class, may be engaging in illegal business methods.

 

For example, Jim, a 25 year old male, who had a passion for working in retail and fashion, was seeking a job in the particular industry. Jim found a listing online to apply for a sales position at a women’s lingerie store in which offered training.  He went into the store to hand in his application. When Jim arrived, he asked to hand in his application to the manager. While waiting to meet the manager, Jim noticed that all employees on site were female and on the employee backroom entrance a sign read “Girl’s Club”.  Feeling self-assured in his communication skills and his unique resume, Jim did not let the feminine environment shake his confidence. The manager Susan, who was also female, took one look at Jim and said: “I’m sorry, but we are only considering female applicants, there is no room for a man in this place”.  After Jim was denied consideration for the training that would lead to employment, a female applicant with the same qualifications as Jim applied and was selected for training. Here, it would seem that Jim may have been discriminated against based on his gender which is a protected class. Overall, it would appear that Jim was refused consideration for an employment opportunity based purely on the fact that he was male. This was demonstrated through Susan the manager’s comment that the store was only hiring females and that they did not want any men at the establishment.  In addition to Susan’s comments, the fact that all current employees were female on-site and the sign on the employee door that read “Girls Club” are strong indicators that the store has a pattern of engaging in unlawful practices of gender discrimination.  Lastly, the fact that the store hired a female employee who had the same qualifications as Jim strongly suggests that he was passed over for an employment opportunity based on his gender. Therefore, in gathering all of this information, Jim might have a claim for gender discrimination against the lingerie store.

 

If an employer decides not to select a particular employee or applicant to pursue training that may lead to additional employment opportunities solely based on the fact or presumption that this employee belongs to a protected class, this may be a form of discrimination.  Speaking with an Employment Lawyer would shed further light on a situation that may be similar to Jim’s issue.

 

 

2. Preventing Success, Progress, or Advancement

 

An employer may be considered as engaging in illegal practices if it hinders an employee’s career from flourishing because the employee is a member of one of the protected classes recognized in California.  It is against the law for an employer to discriminate against an employee by means of unfair treatment, depriving the employee of advancement, benefits, and or preventing an employee from employment privileges.

 

In order to bring a claim for discrimination in the workplace via adverse treatment, the employee must provide evidence that the treatment which he or she endured was both substantial and detrimental. But what does this mean? This means the employee has to show that the employer treated him or her in such an unfair manner that would likely significantly debilitate a reasonable employee’s work achievement and or functions in the same way. This means that the way in which the employer prevented the particular employee from carrying out his or her duties would also have impacted a reasonable employee in the same way.  In other words, it did not affect them in a trivial way, rather it effected the employee substantially. So if an employee is merely annoyed or disappointed with the way in which he or she was treated, he or she would most likely not have claim in discrimination via preventing success, progress, or advancement.

 

Again, an Employment Lawyer would need to analyze the facts of the particular case in order to decide if they should pursue legal proceedings.

 

3. The Little Things Can Add Up

 

As previously mentioned, an employee might not have a claim if the adverse treatment which they endured merely annoyed them, the treatment must significantly cause damage or disrupt the employee from doing his or her job. However, an employer’s unfair treatment of an employee although minor, if it is frequent, may in fact end up being substantial.  For example, Linda, an employee at an insurance company, was open about her same-sex marriage to her partner Beth.  Linda had been working at the company for three years and felt comfortable having her framed wedding photo of her and Beth on her desk. A new manager, Lisa was hired to oversee Linda’s department. Lisa saw the picture on Lisa’s desk and reprimanded her for having “obstructions in her workspace”, even though other employees were not reprimanded for having family photos on their desk. A few weeks later, Lisa had Beth transferred to another desk, which annoyed Linda but she complied.  Days after her transfer, Lisa accused Linda without evidence of falsifying her time sheet and had her suspended from work for two weeks, which damaged Linda’s career working in insurance.  No other employees were treated the same as Linda by Lisa.  Here, these occurrences may add up to Linda having a sexual orientation discrimination case against her employer, especially because no other employees were treated the same as Linda, and Linda was singled out because of her sexual orientation.

 

An Employment Lawyer would look at all the incidences that accumulated against an employee to decide whether there is a discrimination case at hand.

What is Women’s Rights in the Workplace?

 

Do you know What is Women’s Rights in the Workplace? “We hold these truths to be self-evident, that all men are created equal.” These word’s that are located in the United States Declaration of Independence are strong and powerful, but when taken literally they leave out a crucial point. What about the women? Throughout the years it has been a struggle for women to rise and be seen as an equal with their male counterparts in the home and work life. President John K. Kennedy said regarding discrimination, “Difficulties over segregation and discrimination exist in every city, in every state of the union, producing in many cities a rising tide of discontent that threatens the public safety.”

Their rights have been suppressed by letting them be allowed from certain areas of employment to not receiving equal pay and benefits just because of their gender. Although the opportunities that women can pursue compared to men has improved and increased over the years, discrimination is still a large problem in the workplace. In 1964, the law named Public Law 883-52 was passed by Congress that would no longer allow discrimination “based on race, color, religion, sex, or national origin” when “hiring, promoting, and firing” of workers.

When Congress first brought this bill to be passed, a representative known as Howard Smith who was a Democrat from Virginia, added this word arguably to no longer get the bill passed.  It is interesting and showing that a large moment in the women’s rights wasn’t even originally passed for their best interest. Instead, women’s rights and issues were used as a political battlefield. Title VII of this bill which provided equal employment opportunities to individuals who are seeking employment prohibited against discrimination on the basis of sex and race subsequently created the Equal Employment Opportunity Commission (EEOC) as well.

This act, title, and commission were very large monumental stepping stones for the promotion of women’s civil rights and equality, but the fight is far from over.

 

 

There are thousands of sex discrimination claims in the workplace filed every year. Looking back to when this law was in its infancy every single claim that was filed between 1964 and 1966 had been ruled against the women who filed the claim.

This raises the large question of has anything improved from then to today? The enforcement of Title VII has gone through the court system countless times, and in every instance, that title has gotten stronger. The enforcement has been able to provide more protection to women, but the largest battle has also been changing the mindset of women and discrimination as well. Women who are thought to be ambitious are also described as selfish and cold. Women in careers who show aspirations of having a family are automatically stereotyped as not wanting to pursue or continue their careers as well. Title VII protects women from being discriminated against regardless of where they are in their family life, or what their family planning might be in the future. A woman cannot be discriminated against for being pregnant, have young children, or a possibility of future pregnancy. For example, women who had young children who yet were yet at a school attending age were protected from employment discrimination unless the employers established the same rule for men as well.

Women in the sixties were fighting for many issues that are similar and different than what women are fighting for today. This goes to show that the discrimination issue is constant and every adapting. In the sixties, women were fighting to be able to obtain degrees and enter fields that once were not allowed to them. While women today are fighting for equal pay and promotions as well. Women are a considerably large portion of the modern-day workforce, however, in the same position with the same criteria as men earn on average twenty percent lower.

 

 

The wage gap has been a large controversial issue that should not be ignored.  It seems that most aspects of employment were kept from women at some point, and they have to continue to fight for equality on every detail. The Title VII has been historical because it now provides a legal precedent that individuals can use to build upon for substance of their legal fights. In the 1980’s the federal courts prohibited sexual harassment under the Act stating that sexual harassment is sexual discrimination.

Also, there is a foundation and legal path that women can continue on, it all began with this trailblazing act in 1964 and the individuals who passed it. One thing that has been shown over history is that women will not stop fighting or back down until equality is achieved.

Despite all the current challenges that take place over the years and today, the Civil Rights Act of 1964 with Title VII is important for every person. This Act has provided women with the positive changes that have pushed them towards no longer being discriminated against because of their gender. Better yet, it provides legal protection against that discrimination. While the legal standing of discrimination is much more substantive than 50 years ago, discrimination is still existing and women are still being suppressed in the workforce. While this fight is strong, it will probably never fully be won and will exist in some form. What should now be don’t to help provide protection of equal rights under the law? By continuing to back Title VII and creating a strong precedent, discrimination will be harder to get away with legally. The Federal Government should also continue to work with state and local governments to enforce and create local laws that protect against infringing on these rights. Continuing to pursue legal rights of women and the discrimination of sex will help fight this issue to every extent possible, and will provide everyone with the opportunities and rights they deserve.

 

3 Forms of Sexual Harassment You Need to Know

 

Many questions arise when an employee has issues at work that may be harassment related. Can I sue my boss for being mean?  Is it legal for a manager to be a bully?  How do I know if I am being harassed at work and what rights do I have?  Do I have a sexual harassment claim?  Is name calling considered harassment?  What if I am afraid to make a complaint against my boss?  Should I make a verbal or written complaint about the harassment?  Is gossip considered harassment? What kind of lawyer handles harassment in the workplace?  What if I feel unsafe at work?  When these questions are raised by a frustrated employee seeking answers, an  Employment Attorney is a type of lawyer that handles cases where employees need representation in claims against their employer.

 

1. Gossip can be a form of sexual harassment

 

Unwanted touching and cat-calling are not the only ways sexual harassment can be exercised.  Spreading rumors is a form of sexual harassment.  The spreading of rumors can be by the harasser himself or herself or the rumors can be about the employee and the harasser but spread by other employees.  The main issue is that an employee has the right to work in an environment that is free from harassment.  If gossip is going around the workplace about the employee that is of a sexual nature, this may be considered as a form of sexual harassment.  For example, Clark was a barista at a coffee house.  Upon Clark’s first day of work, he began enduring sexual advances made towards him by his shift manager Tina.  Often Tina would express her feelings for Clark through her body language by making suggestive movements with her hands and mouth.  On other occasions, Tina would humiliate Clark in front of his coworkers by making comments such as “see you at home honey” and “I want to have your babies”.  After witnessing this behavior from Tina, Clark’s coworkers began teasing him about his “love Goddess Tina” and would frequently hoot and holler at the two of them when they had shifts together.  The gossip in addition to the harassment he was experiencing from Tina interfered with Clark’s work and caused him major anxiety. He called the Human Resources Department at the coffee house headquarters and made a formal complaint about his uncomfortable predicament at work.  In this scenario, Clark’s employer would need to correct the issue by conducting an investigation and take reasonable steps to discontinue the sexual harassment caused by Tina as well as the rumors and teasing caused by his coworkers. If the harassment continued and nothing was done to stop the harassment from continuing, Clark may have a claim against his employer.

 

2. Certain types of favors can be considered a form of sexual harassment

 

“I’ll scratch your back if you scratch mine” is a common saying that just means an exchange of favors, but sometimes certain favors offered in the workplace are considered unlawful.

A sexual quid pro quo offer is a type of harassment.  A sexual quid pro quo offer is identified through an offer made by an employer to an employee which entails sexual favors in exchange for employee benefits.  For example, an employer may offer an employee better hours if the employee agrees to go on a date with the employer.  Here, although this may seem rather tame, this type of behavior is not to be taken lightly because it is a form of sexual harassment especially when it is unwelcome, This form of sexual harassment is not only demonstrated through an offer of employment benefits, it can also be an offer for a sexual favors in exchange for job security.  This type of “exchange” may come off as a threat.  For example, an employer may tell an employee that they will “let them” keep their job if the employee agrees to have an intimate relationship with the employer. In that scenario, this kind of “offer” may also be considered a form of sexual quid pro quo and therefore may be sexual harassment.

 

In taking into account all of the facts, an Employment Attorney would most likely be able to identify whether or not an employee was a victim of sexual harassment by means of sexual quid pro quo.

 

3. Touching, leering and body language may be a form of sexual harassment

 

Identifying sexual harassment can be a grey area because it can be somewhat subjective.  Feeling uncomfortable can be used as a guide in the first few steps in identifying sexual harassment.  Touching, leering, and certain body language in certain situations can be considered as a form of sexual harassment when it is unwelcome.  For example, an employee may experience certain unwanted behavior towards them by another coworker such as back massages, hugging, or grabbing.  Also, the employee may be subjected to the coworker making inappropriate gestures such as blowing kiss or winking.  Even leering may be considered a form of sexual harassment in certain contexts.  Acting out certain sexual acts in the presence of an employee may also be considered a form of sexual harassment. Again, the behavior and the context of the behavior are essential in deciding whether to file a claim against an employer.

 

In conclusion, note that there are different laws of State law and Federal law that regulate harassment.  Keeping this in mind, sifting through what laws pertain to your claim is a job best suited for an Employment Attorney who handles harassment cases.  Employees have the right to work in an environment where they feel safe and should not have to worry about feeling like they are being violated via forms of sexual harassment.  An Employment Attorney may be able to shed light on a situation that may seem complicated and overwhelming.  Call an Employment Attorney that offers free consultations like Stevens & McMillan.  Every case has unique facts which is why an Employment Attorney endeavors to specialize in sexual harassment cases. An employee who feels uncomfortable in their workplace should provide the Employment Attorney with as much information as they can in order to obtain quality legal advice.

3 Issues Employees May Run Into At Work

 

 

Employees today may come across certain issues at work that may lead to mistreatment and ultimately the loss of their job.  But are the situations in which the employee finds himself or herself in legal and do they have rights in filing a claim against their employer thereafter?  A  Discrimination Lawyer or Sexual Harassment Lawyer may be helpful in these types of situations especially when it comes to wrongful termination.  Below are some issues in which an employee may come across and should know about.

 

1- You might be discriminated against because you have a disability 

 

 

The State of California has laws that govern the way in which employees with a disability should be treated at work and what rights they are entitled to.  The laws are quite complex however and when an employee with a disability is fired, many legal issues may arise. Disability discrimination is a type of discrimination in the workplace that is prohibited by law and every employer should have an anti-discrimination policy in place at their business.  Although there are laws in place, employers do not always comply with them which results in such legal matters as wrongful termination and/or disability discrimination.

 

What is required of an employer? An employer has the duty to provide a work environment that is free of harassment and/or discrimination.  In addition to ensuring a safe work environment for the employee, the employer also needs to provide reasonable accommodation for those employees who have a disability.  Reasonable accommodation includes but is not limited to adjusting shifts, providing a tailored work schedule, providing adjusted work equipment such as ramps or well-lit areas, and also placing the employee in a position that is compatible with their capabilities.

 

A  Discrimination Lawyer is the type of legal professional that employees should contact if they have been fired because they have a disability or because their employer failed to provide reasonable accommodation.

 

2- You might lose your job over a sexual harassment issue

 

 

Sexual harassment in the workplace is prohibited by law and employers are required to have a zero-tolerance policy on sexual harassment within the workplace. However, if an employee makes a complaint about sexual harassment and they experience adverse treatment thereafter, there may be a possible wrongful termination case.  For example, Susan worked as a receptionist at a dental office.  Her supervisor Chris often made inappropriate comments towards her regarding her breasts and buttocks which made her feel very uncomfortable on a professional as well as personal level.  Susan was not interested in pursuing a relationship with Chris but she was afraid to tell him because he was her supervisor.  Instead, Susan called a sexual harassment hotline that was provided to her in her employee handbook.  She was told over the phone by a Human Resources representative to allow time for the department to conduct an investigation.  A few days after she made the complaint Susan was told by her head manager that the company no longer had a position for her due to budget cuts.  Here, although Susan’s manager was allowed to let her go for that reason, she may still have a claim against her employer.  In looking at the timeline from when Susan complained to when she was let go, may indicate that she was let go because she was being retaliated against.  This means Susan was fired because she reported the sexual harassment and as a result, she was punished by being let go.  This may allow Susan to file a claim against the dental office for retaliation, wrongful termination, and failure to prevent harassment.

 

This is only an example of a possible wrongful termination case due to sexual harassment and retaliation.  There are many other ways in which the same claim(s) may arise but based on totally different facts.  That is why a Sexual Harassment Lawyer is the best type of attorney to call to discuss your potential case.  If sexual harassment occurs within the workplace, the employee should be reported it immediately so the employer can address the issue.  If a complaint is brought to the employer or the Human Resources Department, all communication, interviews, and statements need to be documented.  This shows that the complaint was considered and demonstrates how it was handled by the employer or Human Resources Department. Again, if you are unsure if you have a case, contact a Sexual Harassment Lawyer to discuss if you were a victim of wrongful termination.

 

3- You may be fired for taking a leave of absence

 

 

Some employees require time to take a leave of absence.  A leave may be necessary to care for a sick loved one, the employee has become ill, the employee has suffered a significant injury, the employee is being called for military services, or perhaps the employee must take leave for the birth of a child or for the placement of an adopted child. Each situation has laws that govern the way in which employers are to give the employee leave. These laws are rather complex and require the assistance of a lawyer.  Although it may not seem related, A Discrimination Lawyer or Sexual Harassment Lawyer may still be able to provide legal advice on leaves.  Never decide on your own that you do not have a case.  Contact A Discrimination Lawyer or Sexual Harassment Lawyer to discuss whether you have the right to take a leave of absence. You may be entitled to recover for wrongful termination.

 

Should an employee find himself or herself in a situation that involves sexual harassment, retaliation, disability discrimination and/or wrongful termination, the employee should contact an attorney. A Discrimination Lawyer or Sexual Harassment Lawyer are the types of legal professionals who handle wrongful termination cases and can provide useful information on how the employee may be able to recover.  Many claims crossover, therefore, it is always a good idea to ask a Discrimination Lawyer or Sexual Harassment Lawyer if you have multiple claims against your employer.  Make sure to contact a law firm that offers a free consultation.

10 Signs You Were Fired Illegally Based On Your Age

 

 

As of 2017, the average amount of years a person lives in full health in the United States is 79 and the average working American retires at age 66.  The latest stats show Americans are capable of working and some do, work well into their later years, but are they afforded the same opportunities as younger employees?

 

Today, older individuals who are currently employed or are applying for a position remain at risk for becoming victims of unlawful hiring practices, which is considered age discrimination. For older workers who are currently employed, it makes sense that as younger individuals enter the job market, the older employees still remain in their current positions. This has the potential to tempt employers to trade them in for a new and shinier model.

 

Below is a list of signs a Discrimination Attorney would likely identify as discriminatory behavior in the workplace.

 

1. You were fired and you are 40 years old or older

If you’re 40-years-old or older, that ticks an initial box in determining if you can sue your old boss for discrimination, but it’s not that simple. Employment laws in California forbid discrimination from taking place in the workplace. Discrimination laws in the state do protect certain classes of individuals as well as particular characteristics an individual may possess and age is protected for employees and applicants who are 40 years of age. Keep in mind though,  the age of 40 and older is not sufficient to protected age discrimination. In other words, employees who are 40-years-old or older do not have automatic special status that is protected by the law. But, an employee who was fired because of age and they are 40 years of age or older, that set of facts does give rise to a potential age discrimination claim. If age, specifically age 40 or older is in fact raised in the decision to terminate an employee, that is perhaps sufficient to establish age discrimination.

 

2. You were fired and replaced by someone younger

Amongst other facts, a key sign that you were fired based on your age would be if your replacement was younger than you. Specifically, the significance in age difference is the giveaway that you were discriminated against. So the bigger the age gap, the more likely it is that you can prove you were terminated based on your age. For example, Joe, a 52-year-old car salesman, worked for 13 years at a dealership. His employer fired him without reason and replaced him shortly after with a 27-year-old woman with the same if not less experience than Joe. Based on this set of facts, Joe could potentially prove that he was fired based on his age. Alternatively, let’s say instead of Joe being replaced by the 27 year-old, he was fired and replaced by a 39-year old. Although Joe’s replacement is still younger than he is, the age gap is not as significant as the one between him and the  27-year-old replacement. Joe may still have a claim, but his claim is stronger in the first scenario because there is evidence to support an inference that he was fired because of his age.

 

3. You were qualified for the position

If you were qualified for the position but were fired anyway, this could demonstrate you were fired because of your age and for no other reason.  For example, if Beth, 43-years old, worked as a receptionist for a talent agency and was let go from her position. During her meeting with HR and her boss, she was told the company was going in a different direction and needed to hire someone with more experience. Soon after, Beth was replaced by a significantly younger employee who had the same skills, if not less than Beth. Here, Beth could use these facts to potentially prove that she was fired based on her age for two reasons: 1) she had the skills required for the position and they fired and replaced her with someone who did not have more skills than she had and 2) the employee who replaced Beth was significantly younger. Of course, it is also important to note again that Beth is 43-years-old so again she meets the initial element of age discrimination. Beth would likely need to have an Age Discrimination Attorney present some evidence showing her age was a factor in the decision replace her. An example would be if her boss made a comment along the lies of “we need young blood in this department” would suffice.

 

4. Your boss made comments or jokes about your age

Comments, jokes, remarks, or name calling in regards to age, made by an employer or a supervisor to an employee 40 years of age or older is considered discriminatory behavior. Name calling may include titles such as  “Old fart”,  “Pops”, or “Ole’ goat”. These nicknames used to reference an employee is considered offensive and directly attacks their age. Even jokes that may seem harmless to the teller are still considered discriminatory when commenting on someone’s age. For example, An employee turns 50 and her boss says “you know you’re getting old when the candles cost more than the cake”. Here, this may seem harmless, but depending on the circumstances it could lead to contacting an Age Discrimination Attorney.

 

5. Other employees your age were also fired

If before or after you were fired from your job, you know of other employees whom were fired and who were also under the protected age, that may bolster your age discrimination claim because it establishes a pattern of discriminatory behavior.

 

6. You were treated differently compared to other employees

Some employers use certain tactics to discriminate against employees in more subtle ways such as treating them differently compared to other employees who are under 40 years of age. Although subtle, they deliberately play favorites and purposely treat the older employee(s) in a disadvantageous manner.

 

7. Your employer made changes or additions to the company policy to push you out based on your age

Leading up to your termination, if your employer tried to create a divide between your age and the rest of the employees who were younger by characterizing you as belonging to a certain age group, that may be considered discriminatory. Another example would be if the employer actively took steps to keep you from obtaining employee benefits or promotion opportunities.

 

8. The decision to fire you was specifically motivated by age

This may be demonstrated through making it a company policy to force employees to retire at a certain age. Another example would be if an employer fired an employee because the company insurance policy would cost more to cover the employee because of their age.

 

9. Things got worse after you made a complaint

Let’s say before you were fired, you noticed you were being singled-out based on your age and you made a complaint to HR. Soon after you complained you were demoted to a lower paying position or even fired. This would be a form of retaliation because you made a complaint about unlawful behavior and in response your employer essentially punished you. Showing that you were retaliated against for complaining of being singled out based on your age may strengthen a claim for age discrimination.

 

10. Your age was the reason given for firing you

Although it may seem obvious, it is important to note that if an employer fires you specifically because of your age, that is age discrimination. However, you must prove the main reason you were fired was because of your age. For example, if you were late several times to work, were caught stealing office supplies, you lied on your time-card, and your boss said: “Get your old saggy butt outta here, you’re fired grandma!”. Here, yes this employer may have an issue with your age and made offensive comments regarding your age, but it may not be considered the leading cause of your termination. Alternatively, if your boss sat you down and told you “I can’t keep you on the team, we need a more youthful perspective on the project and you are just too old”, that is an example of age being the direct or leading cause of your termination.

 

If you feel you have been discriminated against based on your age call an Age Discrimination Attorney to discuss your potential claim.