What's in a title? When it comes to employment discrimination cases, quite a lot. Under federal discrimination laws, employees can usually collect damages automatically when a supervisor or manager is involved in harassment or discriminatory behavior.
Employers know that the law prohibits discrimination against some job candidates on the basis of age. Despite clear protections, age discrimination is a real problem.
Sexual harassment occurs in two basic ways: "quid pro quo" and "hostile environment. A new case is attracting national attention and illustrating the kinds of misconduct that can indicate quid pro quo harassment.
California and federal law does not allow employers to discriminate against people on the basis of gender and a new case offers interesting insight into what exactly counts under this category. In this lawsuit, a California teacher claims that a school district fired her because of her request to take a short break every morning to pump milk for her child.
Our last post covered some of the biggest changes to California's employment laws that will take effect in a few months with the start of 2013. This post will look at another new employee protection law. Employers may no longer ask workers or job applicants for access to personal social media accounts.
With the 2012 elections in the past and holiday decorations starting to appear everywhere, 2013 is already right around the corner. California's legislature passed 18 new laws affecting employment in the state - all of them will take effect with the start of the new year.
It can be very hard to prove a discrimination case. As if it were not difficult enough to show what motivated an employer's decision, employers often come to court equipped with detailed information about the employee's entire tenure at the company. Any history of discipline or disagreement with a supervisor can become the employer's excuse for its decision, making it that much harder to prove whether the real motivation was illegal discrimination.
Michele Cordova recently filed a sexual harassment lawsuit against her former employer, State Assembly candidate Patricia Kotze-Ramos and her husband George Ramos. Cordova alleges that while during the course of her eight-year employment history with Diversified Risk Management, Inc. and Employer Choice Online Inc, two companies owned by the Ramoses, she was sexually harassed and discriminated against before being wrongfully constructively terminated in April.
Quest Intelligence Group, LLC, is being sued by the Equal Employment Opportunity Commission (EEOC) on behalf of a former employee who was not allowed to return to work after taking time off for maternity leave.
As the east coast continues to clean up, many employees in California and the rest of the nation are no doubt considering how they would have reacted to a natural disaster on the scale of Hurricane Sandy. One big question is whether an employer could fire workers for deciding to stay home in the face of dangerous conditions or a lack of transportation.
The workplace can be filled with difficult dilemmas. When an employee becomes aware of illegal or inappropriate behavior by coworkers or managers, there can be strong pressure to just stay silent and hope the problem goes away. Many employees consider this route only because of the risk of hurting career prospects or even losing a job.
Election Day is rapidly approaching and California workers should take a minute to make sure they know about their voting rights at the workplace. California law aggressively guarantees an employee's ability to participate in democracy by requiring employers to cooperate.