Los Angeles Employment Law Blog

Can sexual harassment take place over Zoom calls?

On behalf of Bononi Law Group, LLP posted in Sexual Harassment on Thursday, October 22, 2020.

Employees have the right to expect their workplaces to be free from inappropriate treatment from other co-workers. With many now working remotely in California, co-workers are often interacting on Zoom and other chat platforms. Because of a recent lewd incident involving a CNN correspondent on a Zoom call with his co-workers, sexual harassment in virtual settings is a popular topic of conversation right now.

Sexual harassment involves any type of unwanted sexual contact, comments, aggression and more. With more people engaging in virtual workplace settings, many wonder if it counts as harassment if it takes place online. Most people would agree that, yes, harassment can take place online, but what can employers do? Is it a fireable offense if it is accidental? Employers have to rethink their standards on behavior and employee interactions.

Producers of popular game show sued for age discrimination

On behalf of Bononi Law Group, LLP on Monday, October 19, 2020.

The producers of “Jeopardy!” were recently named in a lawsuit accusing them of committing age discrimination. Glenn Kagan, a 66-year-old former-employee on the show, claims he was fired in August because of his age.

Both federal and state laws protect the rights of workers who are over age 40. Some examples of illegal age discrimination include failing to hire or promote someone because of his or her age, discharging someone because of age, or offering unfair terms, conditions, or privileges of employment because of someone’s age.

Mitsubishi Electric workers file suit over racial discrimination

On behalf of Bononi Law Group, LLP on Monday, October 12, 2020.

Four Black construction workers at Mitsubishi Electric have filed a lawsuit over ongoing racial discrimination at their workplace. The Black employees, who work in the in the escalator and elevator division, claim that their supervisors have harassed them with racial slurs and images and have discriminated against them when it came to

advancing their careers
receiving pay increases
participating in further training opportunities

Workplace discrimination still a problem for pregnant women

On behalf of Bononi Law Group, LLP posted in Workplace discrimniation on Monday, October 12, 2020.

While there is a lot of joy in welcoming a new baby into the world, there is no denying that pregnancy is a major medical event. It is not surprising that many pregnant women in California need further accommodations to keep them happy and healthy in the workplace. The Pregnant Workers Fairness Act -- new legislation that was recently passed by The House of Representatives -- aims to protect women from workplace discrimination and to make sure that they have the accommodations they need.

Employers are already supposed to provide reasonable accommodations to pregnant employees, but many women say they experienced the exact opposite. Pregnant women have been fired for even the simplest of accommodations, such as needing to keep a water bottle on hand to avoid developing a bladder infection. Bosses have also fired pregnant women who asked for physical accommodations or who needed their shifts to be limited to eight hours. In June 2020, one woman even suffered a miscarriage after her employer refused to provide reasonable accommodations.

Sexual harassment in the workplace can have serious effects

On behalf of Bononi Law Group, LLP posted in Sexual Harassment on Saturday, September 19, 2020.

California employees have the right to work in a place where they are not subjected to unfair or inappropriate treatment. Not only is sexual harassment inexcusable and inappropriate in any type of work environment, the victim can experience various adverse effects, including mental health problems. A new study finds that victims of sexual harassment are more likely to experience suicidal thoughts or attempt suicide.

There are often physical symptoms linked with experiencing sexual harassment in the workplace. Research has also found that victims can experience psychological issues, anxiety, sickness and more. The recent study looked at exposure to workplace sexual harassment and whether it impacted suicidal tendencies. In the study, researchers defined workplace sexual harassment as undesired advances or references to sexual relations. Around 4.8% of workers polled said they experienced harassment at work within the last 12 months.

Can my employer rescind my ADA accommodation?

On behalf of Bononi Law Group, LLP on Friday, September 18, 2020.

For years your employer has accommodated your disability. You felt good working there, knew that they cared and supported you. But, one day, not too long ago, they told you they would no longer work with you. They rescinded your accommodation.

Can they do that? Doesn’t the Americans with Disabilities Act (ADA) require them to provide you with the best possible work environment? Isn’t it discrimination? What are you supposed to do now?

Does my employer have to accommodate my disability?

On behalf of Bononi Law Group, LLP on Friday, September 18, 2020.

No one expects to get in a car accident, be diagnosed with cancer or be the victim of a crime. But it happens, and suddenly you find yourself disabled in some way. You are now in a wheelchair, have chemo-brain or are diagnosed with Post Traumatic Stress Disorder (PTSD).

What happens to your job? Must you quit? Or must your employer find a way to accommodate you and your health issues?

Is there such a thing as same-sex sexual harassment?

On behalf of Bononi Law Group, LLP on Friday, September 18, 2020.

It everywhere -- on television, in the movies, on the internet. We think we know what sexual harassment is: when a man comes on to a woman at work in a way that clearly indicates he expects or wants sexual favors.

But does it sometimes look different? Can sexual harassment be comments, cartoons, articles or remarks? Does it only happen between opposite sex co-workers or can same-sex sexual harassment occur?

What is disparate impact?

On behalf of Bononi Law Group, LLP posted in Wrongful Termination on Monday, August 31, 2020.

If you recently lost your job due to a company downsizing, you may wish to determine which of your coworkers also lost theirs. Why? Because if you discover that significantly more of you are women or older workers or some other protected group, you may have a legitimate disparate impact cause of action against your former employer.

FindLaw explains that disparate impact is a form of employment discrimination that occurs when an employer’s policies or procedures, even though seemingly neutral, in actuality negatively affect a particular protected group. Both Title VII of the Civil Rights Act of 1964 and the Civil Rights Act of 1991 prohibit employment discrimination based on a person’s race, color, ethnic origin, religion, disability, gender, sexual orientation, military status, genetic information, etc. If you and the other employees your company terminated belong to one or more of these groups and you discover that the downsize disproportionately affected you as opposed to other workers, disparate impact represents a real possibility.

What constitutes a wrongful termination?

On behalf of Bononi Law Group, LLP posted in Wrongful Termination on Sunday, August 16, 2020.

As its name implies, a wrongful termination occurs when your employer fires you illegally. Even though California is an at-will employment state, meaning that either you or your employer can terminate your employment whenever one of you wishes, certain situations exist under which your employer cannot fire you without facing legal consequences for his or her wrongful action.

As FindLaw explains, Title VII of the Civil Rights Act of 1964 forbids your employer to terminate you based on any of the following: