We are pleased to announce the arrival of our new associate, Andrew Russell. Andrew is a strong addition to Bononi Law Group, LLP and we are excited to have him on our team. Welcome, Andrew!]]>
We are pleased to announce the arrival of our new associate, Andrew Russell. Andrew is a strong addition to Bononi Law Group, LLP and we are excited to have him on our team. Welcome, Andrew!]]>
The proposed rule is over and above the regulations imposed by the 1990 Americans with Disabilities Act (ADA). Under the ADA, employers must make only "good faith efforts" to avoid discrimination against the disabled in the hiring process. The new hiring standard would allow the DOL to get involved if a federal contractor was not in compliance with the percentage.
]]> In part, the suggested rule change is an attempt to reduce the unemployment rate among Americans with disabilities. Currently the unemployment rate is one and a half times the rate of other Americans at 13 percent. According to the Huffington Post article, the Obama Administration also reported that 79 percent of Americans with disabilities are no longer looking for employment, whereas the number for unemployed workers without disabilities is 30.5 percent.A spokesperson for the American Association of People with Disabilities said, "This is the first time that the protection of job opportunities will be clear and enforced. This is a move forward." Critics, however, say that employment regulation of businesses hurts growth and prosperity.
Source: Huffington Post, "Obama Takes Aim at Contractors Who Discriminate," Dave Jamieson, 12/8/2011
]]>In Dukes, the SC denied the class certification of around 1.6 million current and former female employees of Wal-Mart who alleged gender discrimination at Wal-Mart stores throughout the country. The court ruled that the class was too large to fulfill the requirements of the federal certification rules.
]]> The federal court deciding the class certification for In re Wells Fargo relied on Dukes after the defendant challenged the class certification of black and Hispanic homeowners. The case resulted from the consolidation of four class action suits against Wells Fargo alleging discrimination in lending practices. The federal court held that after Dukes, the class of plaintiffs does not fulfill the class certification requirements.The court held that the plaintiff's lawyers did not fully show that the bank officers making the loan decisions used a "common mode of exercising discretion" against the entire large class of black and Hispanic homeowners who had applied for a loan with Wells Fargo.
As case law evolved based on the Dukes decision, it's likely that courts will continue to alter how they handle large class action suits.
Source: American Lawyer, "In Re Wells Fargo Mortgage Lending Discrimination Litigation," 11/1/2011
]]>When an employee has solid evidence to show that the sexual harassment was so pervasive that it affected his or her ability to do the job, the court or the jury will often side with the employee. That's because under the law, for a successful sexual harassment claim, the treatment may not be one isolated incident. Instead, for viable legal claim, the harassment needs to be on-going or serious enough to warrant a claim. To show the severity of the sexual emails, jokes, videos or other inappropriate conduct, the employee's work performance is a good measure, courts have said.
]]> Even in cases where there may not be enough evidence to demonstrate how the employee was affected at work, witnesses and family members may be able to provide important testimony about the impact of the sexual harassment. Other options to show how work was affected by harassment include performance reports, diminished productivity, increased sick days and depression.In some sexual harassment cases, the workplace may be so hostile that they employee felt that he or she had no other chance to leave the place of employment. When this occurs, the employee should immediately consult with a knowledgeable employment law attorney to discuss the options for filing a legal claim.
Source: Wall Street Journal, "Showing Disruption of Work Is Key to Success of Harassment Cases," Brent Kendall and Ashby Jones, 11/4/2011
]]>The Vital Statistics Modernization Act has been touted as a strong step to reducing the difficulty that transgender residents face with documents required by the state. The process for a person looking to change his or her gender on a birth certificate is streamlined. The only documents necessary to make the change is a note from a medical professional stating that the person has "undergone 'clinically appropriate treatment'," the Huffington Post reported.
]]> The Executive Director of the sponsor organization Transgender Law Center said, "Having identity documents that match who we truly are is critical to our ability to work, travel and thrive." The difficulty to travel around the U.S. or internationally by plane is especially difficult for a person who has changed genders due to the scrutiny faced at security checkpoints.The other bill changed the definitions under the law to bolster the protections against discrimination for transgender men and women. The Transgender Law Center said that these changes "provide[s] clarity to those who are victims of unlawful discrimination as well as for business owners, employers and other entities required to comply with the anti-discrimination protections..." Anyone who is discriminated against on the basis of gender or sexual orientation should speak with an employment law attorney.
Source: Huffington Post, "California Transgender Bills Signed Into Law By Governor Jerry Brown," 10/10/11
]]>Sexual harassment in the workplace is unlawful under both Title VII of the 1964 Civil Rights Act and California state law. The law aims to prohibit harassment to allow employees to do their job in an environment that is free of inappropriate comments and actions. Sexual harassment doesn't apply only to women either; men can also be subjected to impermissible sexual harassment. California law also requires that employers with more than 100 employees must provide sexual harassment training to prevent workplace infractions.
]]> The elements of sexual harassment are rather straightforward, however, filing a sexual harassment claim and recovering financial compensation after a claim is more complex. The requirements of a viable harassment claim are as follows:Regardless of the elements of sexual harassment, if you are uncomfortable at work because of a sexually suggestive behavior by a co-worker, supervisor, vendor or contractor, it is best to consult with an experienced attorney to learn whether the conduct qualifies as sexual harassment.
Source: St. Louis Beacon, "Elements of sexual harassment," Lana Stein, 11/4/2011
]]>The SC held in their June ruling that the class of 1.6 million women nationwide claiming sex discrimination against Wal-Mart did not share enough commonalities in their discrimination to fulfill the requirements of a class under federal class action laws. The Court held that the plaintiffs did not show that the acts alleged by the plaintiffs could be proven as occurring similarly to all member of the large class. The justices wrote in the majority opinion that "the respondents have not identified a common mode of exercising discretion that pervades the entire company."
]]> The legal claim in the two cases, however, remains the same - former Wal-Mart female employees allege that the retail giant has a policy of promoting and hiring male employees over female employees. The lawsuit has been refiled in a federal court in California. The case can be filed once again because the Court did not rule on the merits of the sex discrimination case, just on the issue of the class certification.The outcome in this lawsuit will have a large impact on employment law cases throughout the nation. It's likely that this case will continue to see high visibility and media attention as it proceeds through the court system a second time with a smaller class of plaintiffs.
Source: Business Insurance, "California-only class refiles sex discrimination suit against Wal-Mart," Judy Greenwald, 10/27/2011
]]>The alleged incidents occurred while Cain was the president of the National Restaurant Association in the mid-1990s. Cain is disputing the allegations of sexual harassment and said that all he was guilty of is "saying hello."
]]> One of the women who alleged that she was sexually harassed by Herman Cain received a settlement, based on news reports. The woman, through her attorney, has said that she would like to discuss the incident but a confidentiality agreement that was part of her position in the association prevents her from doing so. The association is considering whether to remove the confidentiality clause to allow her to speak about the incident that has become the subject of national news attention.An individual who allegedly knew Cain in the mid-1990s and was around when the harassment occurred said that Cain subjected female staff members to "inappropriate and awkward comments." The comments were made by a conservative Iowa radio host.
While the facts of the incidents involving Cain are still disputed, the allegations have brought awareness to the issue of workplace sexual harassment. Sexual harassment can be comments, touches, sexual favors, jokes, videos, photos or anything else that makes an employee uncomfortable.
Source: Christian Science Monitor, "Herman Cain: Woman's statement about sexual harassment may be released today," Steve Holland, 11/4/2011
]]>An interesting parallel is beginning to form in the wake of that ruling - many are comparing the Dukes decision with the recent class action suits against banks for mortgage lending fraud and discrimination. In two recent cases, the court has found in favor of the banking institution because the judge in each case failed to find a disparate impact in the lending practice for all of the named individuals forming the class.
]]> This rationale is similar to the Dukes case where the Supreme Court held there was enough common sex discrimination against members of the entire class of female employees at Wal-Mart.While it's difficult to tell at this early stage how the Wal-Mart v. Dukes case will impact further class action lawsuits, it is clear that the effect will be felt by many. In the two cases that cited the Dukes decision in their holding, the decisions in favor of the banks affected more than 1 million Americans.
Source: Wall Street Journal "Wal-Mart Ripple Effect," 10/18/2011
]]>The largest credit check company, TransUnion, heavily lobbied against the measure in California. TransUnion is currently under pressure to stop providing all employers with credit score information. It's likely that the practice will continue until a state bans the practice such as California did.
]]> Supporters of the bill, however, noted that during a down economy many prospective employees have a low credit score or poor credit history due to bad loans, overdue mortgage payments and high credit card debt. These factors shouldn't prevent an otherwise eligible candidate from employment in California. Labor advocates and civil rights groups argued in favor of the California bill.The bill also may have the effect of limiting race discrimination that minorities face in the job application process. According to the Huffington Post, minorities, on average, have a credit score that is 5 to 35 percent lower than the credit score of their white counterparts. One civil rights advocate said, "These credit checks are often used as disguises for other kinds of racial bias."
Based on a survey by the Society of Human Resource Management, about 60 percent of companies throughout the U.S. currently use credit as a factor in the hiring process. This number has steadily risen in the past decade from only 19 percent in 1996 and 35 percent in 2003.
Source: Huffington Post "Civil Rights, Labor Advocates Demand End to Employment Credit Checks," 10/11/11
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If you have endured sexual orientation discrimination or sex harassment in the workplace, contact us today to schedule a free initial consultation with a highly regarded Southern California employment law attorney.
]]> At the Bononi Law Group, LLP, we represent employers in sexual orientation discrimination claims involving the following:We are capable of handling even the most sensitive and complex employment law disputes.
California law provides legal remedies for gay, lesbian, transgender, bisexual, and transsexual employees who have suffered harassment, discrimination, retaliation, and wrongful termination by their employers. If you have been unlawfully discharged or forced to resign due to unbearable working conditions, you may eligible for emotional, punitive, and other damages.
Our lawyers will listen carefully to your case and provide you with a thoughtful, thorough analysis of your rights, the strength of your claim, and the legal remedies available to recover your losses. We will promote your interests and fight for your rights at every stage of the legal process. We have extensive experience successfully litigating and mediating complex employment law disputes. If you have suffered sexual orientation discrimination from your employer, we will vigorously advocate for your best interests.
Contact us today for a free initial consultation and case evaluation in your sexual orientation discrimination claim.
]]>If you believe your sex has played a factor in a decision not to hire or to terminate your employment, or if you have suffered employment retaliation based on gender, contact an experienced employment law attorney at the Bononi Law Group, LLP today. Our firm is recognized throughout Southern California for our leadership in even the most complex employment law disputes.
]]> Gender discrimination can take many forms, including:Even if gender discrimination is not intentional, if an employers policies and procedures have a disparate impact on men and women, this may also qualify as a gender discrimination claim.
Our firm has represented both employees and applicants who have been discriminated against in cases of hiring and firing or in cases when discrimination or retaliation was so unbearable the employee was forced to resign.
Our lawyers have extensive experience successfully mediating, arbitrating, and litigating gender discrimination disputes. Although we prepare for every case as if we will go to court, often our proactive, aggressive approach at the very beginning motivates our opponents to settle out of court, saving our clients the time and cost associated with litigation.
If you have suffered wrongful termination or constructive discharge due to gender discrimination in the workplace, you may be entitled to emotional, punitive, and other financial legal remedies.
For a full explanation of your legal rights and options, contact the Bononi Law Group, LLP today. We will be committed advocates for your rights.
]]>At the Bononi Law Group, LLP in Los Angeles, California, we represent individuals who have suffered religious discrimination in the workplace, including cases of harassment, retaliation, and wrongful termination. If your religious rights have been violated by an employer, contact us today to discuss your legal options and the possible remedies available to you under the law. Our firm is considered a leader in handling even the most complex employment law disputes.
]]> Many religious discrimination cases are based on the failure of an employer to provide reasonable accommodations for an employee's religious practices. However, the most extreme cases involve wrongful termination based on someone's religious beliefs.Our attorneys will listen to your case, perform a meticulous evaluation, and provide you with a thorough analysis of the facts and circumstances of your religious discrimination claim to determine whether your termination was a violation of the California Fair Employment Act or federal law.
If your employer is determined to have violated your religious rights, you may be entitled to legal remedies under the law, including money damages and reinstatement of your previous position. We are highly skilled in both mediation and litigation, and will be prepared to provide you with relentless advocacy at every stage of your legal proceedings. Trust our experience and our commitment to providing each client with high quality legal services with the personal attention they deserve.
At the Bononi Law Group, LLP, we understand that your religious liberty is among your most precious assets. We will fight vigorously for the protection of your religious rights. Contact us today to arrange a free initial consultation and case evaluation in your religious discrimination claim.
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