Los Angeles Employment Law Blog

Religious-based discrimination is prohibited at your workplace

On behalf of Bononi Law Group, LLP on Friday, September 14, 2018.

If you're a worker in the United States, federal law protects you from religious-based discrimination at your job. As a nation founded by immigrants who fled Europe because of religious prosecution, the founding fathers of the United States felt that people should be free to believe as they wish. Not only are public citizens protected from religious-oriented discrimination, but employees are also protected under Title VII of the Civil Rights Act of 1964.

Title VII offers various protections to American workers. These protections include:

Freedom from religious-based discrimination during the hiring and firing process.
Freedom from religious-based discrimination during the assignment of tasks, the classification of employees and decisions about how to compensate workers.
Freedom from religious-based discrimination during recruitment of employees and the testing of employees.
Freedom from religious-based discrimination while interacting with and communicating with employees.

Chairman of CBS resigns after sexual harassment allegations

On behalf of Bononi Law Group, LLP posted in Sexual Harassment on Wednesday, September 12, 2018.

CBS Chairman and chief executive officer (CEO) Les Moonves resigned last Sunday after being hit with numerous sexual harassment allegations. According to the man's accusers, he committed a wide range of sexual misconduct against co-workers. The resignation comes in the wake of a report published by the New Yorker relating to six women who said that the CBS executive sexually harassed them during the 1980s and 1990s.

On Sunday, the Board of Directors for CBS announced that they'd reached a settlement agreement with the 68-year-old man. Part of the agreement involved the chairman's agreement to resign. The Board of Directors also agreed to donate the sum of $20 million -- deducted from Moonves' severance package -- to organizations that are supporting the #MeToo movement and women's workplace equality. In addition, six members of the board also agreed to resign as a part of the settlement.

#MeToo leader settles case after she is accused of harassment

On behalf of Bononi Law Group, LLP posted in Sexual Harassment on Friday, September 7, 2018.

Recent accusations of sexual assault against #MeToo movement leader, Asia Argento, came as a surprise to anyone who has been watching this important anti-sexual assault movement sweep the nation. Asia Argento, one of the most outspoken activists involved in the #MeToo movement, was accused of sexually assaulting a fellow actor when he was 17 years of age.

In response to the allegations, the Los Angeles County Sheriff's Department says it will be investigating the claims of the young actor, who is currently 22 years of age. The actor alleged, in a legal notice of intent to sue, that Argento had sex with him in 2004 even though he was younger than the age of consent in California at the time.

The history of pregnancy discrimination law

On behalf of Bononi Law Group, LLP on Wednesday, September 5, 2018.

Federal law protects many working women in the United States from pregnancy-related discrimination. If, for example, a woman works at a company with 15-plus employees or works for a local, state or federal agency, the employer cannot treat her differently, deny employment opportunities, terminate her employment or deny various benefits of employment on the basis of her being pregnant.

The law that protects women from pregnancy discrimination is known as the Pregnancy Discrimination Act. Before this act passed in 1978 as an amendment to the Civil Rights Act of 1964, pregnant women did not receive the essential protections provided by this law.

The history of the Family and Medical Leave Act

On behalf of Bononi Law Group, LLP on Tuesday, September 4, 2018.

The federal Family and Medical Leave Act (FMLA) protects certain workers who are facing medical challenges, pregnancy, bringing a new baby into their homes or helping family members with their own health challenges. For workers who qualify, the FMLA allows them to take unpaid time off from work without risking the loss of their jobs and status at work.

The Women's Legal Defense Fund is now known as the National Partnership for Women and Families (NPWF), This is the non-profit group that drafted the first version of the law in 1984. It later became known as the FMLA, although it was not until 1993 that the bill became law.

3 signs of workplace discrimination

On behalf of Bononi Law Group, LLP posted in Workplace Discrimination on Tuesday, August 28, 2018.

There are many ways that California employees suffer from discrimination. It could be discrimination based on race, national origin, sexual preference, gender, political persuasion, disability and other issues. Regardless of the type of discrimination, workers may be able to seek protection from the discriminatory treatment under federal law. These powerful protections give workers the right to hold their employers legally accountable and financially liable for the harm that the discriminatory actions caused.

In order for a worker to protect his or her rights, however, it's important for victims of discrimination to prove that a "pattern" of discriminatory behavior existed. Here are various patterns of behavior that workers should look out for:

Assert your right to take medical leave

On behalf of Bononi Law Group, LLP posted in Family and Medical Leave on Friday, August 24, 2018.

The Family and Medical Leave Act exists because sometimes things happen to us or our families that are completely out of our control. Moreover, workers devote their lives to their jobs and it's only right that – when life comes knocking – they have the ability to take time off to attend to family affairs.

The Family and Medical Leave Act (FMLA) offers workers the ability to take up to 12 weeks off of work each year without fear of losing their jobs. Employers must reserve the worker's position, or one that's of equal status, so that the worker can return to work as soon as his or her issue has passed. Here are the following concerns that give workers the right to take off work:

Needing to care for a new baby or child in the family (adopted or naturally born)
Needing to care for a seriously ill family member
Needing to resolve one's own serious health concerns

Preventing sexual harassment at California ranches

On behalf of Bononi Law Group, LLP posted in Sexual Harassment on Wednesday, August 15, 2018.

California ranches are known for their beautiful landscape and fine cattle specimen. Many workers are attracted to employment on large ranches so they can commune with nature and enjoy the feeling of freedom on the job. However, just like any workplace, California ranches can have a problem with sexual harassment if the owners aren't careful to keep their employees in line.

Given the "cowboy" and "manly" atmosphere at a California ranch, women could find themselves outnumbered on the job and especially vulnerable to becoming the victims of sexual harassment on a ranch. Nevertheless, any gender could become the target of this unseemly behavior.

Was my termination of employment 'wrongful?'

On behalf of Bononi Law Group, LLP posted in Wrongful Termination on Saturday, August 11, 2018.

No one likes being terminated from a job. The feeling of rejection and abandonment is not entirely easy to take on a psychological level. There are also the financial consequences that will soon come into play because you have now lost your source of income. The sudden loss of your job will also have negative career consequences, as future employers will scrutinize your job history to determine what's "wrong" with you when, in fact, the only thing "wrong" is that you were unlawfully terminated.

In some cases, however, you might feel an extreme sense of injustice and unfairness after being terminated. In these situations, you might want to look at your situation more closely to determine if you were "wrongfully terminated."

When do I have the right to take family or medical leave?

On behalf of Bononi Law Group, LLP posted in Family and Medical Leave on Sunday, August 5, 2018.

The longer we live in this world, the more we understand that there are some things we cannot control. We also realize that there are some things that are far more important than a job, such as the health of our families and ourselves. Before the Family and Medical Leave Act (FMLA) existed, it wasn't uncommon for employees to lose their jobs because they developed a health condition -- or a family member did -- that required them to leave work temporarily.

Now, the FMLA protects employees at companies with 50-plus workers by giving them the freedom to take 12 weeks of unpaid time off work without fear of losing their jobs. Here are four circumstances in which an employee can apply for this leave: