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Los Angeles Employment Law Blog

Can my employer fire me for disclosing my mental illness?

Many employers create a work environment where all employees feel welcomed and protected. Unfortunately, there are still companies out there who openly or secretly discriminate against employees for many reasons.

While employers can fire you at-will in California, there are guidelines they still need to follow. Employers must abide by the rules of protected classes. Protected classes serve to ensure that employers can’t illegally terminate employees on the basis of race, gender, sexual orientation, religion or medical conditions.

The right approach to wrongful termination claims

Most people in Pasadena are employed "at-will." This means that their employers can fire them for any legal reason, or for no reason at all. However, even at-will employers must follow certain laws that prohibit them from firing a worker under certain circumstances. Specifically, employers cannot fire a worker for a discriminatory or harassment-based reason. Doing so constitutes wrongful discharge, and employers who engage in this practice are in violation of employment laws.

Some protected categories that employers cannot base a discharge on include the worker's race, religion, gender, sexual orientation, disability and age. In addition, employers cannot fire a worker who reports a claim of sexual harassment, is on leave under the Family and Medical Leave Act or has "blown the whistle" on unlawful behavior on the part of the employer.

Web accessibility’s time has come even in politics

Recently, the CEO of the Miami Lighthouse for the Blind and Visually Impaired found she was unable to fully use the website of any of the 2020 candidates for President. Among other reasons to remove the obstacles from their website, the campaigns are employers at a time when employers are seeing website accessibility lawsuits in record numbers.


Gender bias in the finance industry

You’ve probably heard about the gender pay gap across many industries in the United States. In the finance industry, there is another gender-related gap that has reared its ugly head. A study published earlier this year revealed Wells Fargo punished men and women financial brokers disproportionately with women experiencing the most negative impacts of this bias.

The report showed that of the 25 largest settlements at Wells Fargo over a 10-year period, a female broker was only involved in one of them. Similarly, women had fewer customer complaints, lower settlement costs, and regulations issues.

Federal bill addresses workplace discrimination based on age

Discrimination in the workplace can take many forms, including age discrimination. Older workers in California, rather than being respected for their experience and knowledge may find themselves being passed up for promotions, ridiculed for their age or even forced into early retirement simply due to their age. This is age discrimination, and it is against federal and state law.

However, one federal bill, the Protecting Older Workers Against Discrimination Act, may make it easier for workers to prove they have experienced age discrimination in the workplace. The bill would reverse a workplace discrimination ruling made by the U.S. Supreme Court in 2009. In that ruling, it was determined that to prove age discrimination, workers had to show that their age was the primary factor in the adverse employment activity. Under this bill, workers would only have to show their age was a factor in the adverse employment activity, even if it was not the sole reason for the activity.

What does sexual harassment in the workplace look like?

We would like to think that all people in the workplace are respectful of one another, regardless of their gender. However, the unfortunate fact is that sometimes sexual harassment takes place in the workplace. It is important for workers in Pasadena to understand some basic facts about sexual harassment, so they can respond appropriately should they be the victim of it.

First, Title VII of the Civil Rights Act of 1964 prohibits sexual harassment in the workplace, as it is considered a type of sex discrimination. However, only employers with 15 or more workers are subject to the Act. The Act covers private and public employees.

Charter Communications settles wrongful termination suit

Many people in California utilize the services of Charter Communications, including its cable television, Internet and phone services. Thus, they may be interested to hear that Charter Communications Inc., has settled a disability discrimination claim brought by the U.S. Equal Employment Opportunity Commission. The settlement amounted to $99,500.

Per the EEOC's lawsuit, a worker at Time Warner needed to take a leave of absence to have a cancerous lump removed. However, 10 days after the procedure was performed and three weeks before the employee was to return to the workplace, she was let go from her job.

How common is pregnancy discrimination today?

Society has improved in many ways in the last 20 years. Conditions for women in the work place and the culture surrounding women at work should have changed in the past few decades. Things should be better for women.

However, some things have not improved. Pregnancy discrimination, for one, still exists in the work place. Many women today still face conditions of pregnancy discrimination ad find themselves a victim of it at work.

What is the rule against retaliation in California employment?

Whenever an employer fires an employee for a reason prohibited by law or by an employment contract, the employee may have a case against the employer for wrongful termination. California law forbids employers from retaliating against an employee if the employee reports a suspected legal violation to the government. What does retaliation mean, and what kinds of behavior are protected from retaliation? Let's talk about this in a little more detail.

In California, it is unlawful for an employer to retaliate against an employee when the employee gives information to law enforcement or a government agency and the employee has reasonable cause to believe that the information discloses a violation of law or noncompliance with a federal or state statute, regulation or rule. Employees can discuss the conditions affecting their working conditions with government agencies and law enforcement.

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