Bononi Law Group, LLP
California's Leaders in Employment Law
EMAIL 866-295-7512 866-295-7512
Main Menu Office Location

Los Angeles Employment Law Blog

Proving age discrimination in workplace

Age discrimination can make for a hostile and frustrating work environment. As a worker, you may feel as strong and empowered in your work than ever before, but continue to face comments about being old, slow or behind the times. If this has happened to you, you are not alone. Sixty-four percent of workers have said they have seen or experienced age discrimination in the workplace and in 2017, there were 18,376 complaints to the Equal Employment Opportunity Commission about age discrimination. 

Workplace discrimination due to age does not have a positive future. In the last 25 years, the percentage of workers over the age of 55 has doubled. With so many older workers, there will be increased chances of discrimination. While proving age discrimination can be difficult, if you believe you are a victim of age discrimination, here is what you should be looking for that can help prove your case.

California law protects disabled workers from discrimination

It is important that disabled individuals are given the same chance to perform work they are qualified for and earn a living as individuals who do not have a disability do. Disabled persons in California are protected from workplace discrimination both by federal law and by state law. Three of these state laws include the Disabled Persons Act, the Unruh Civil Rights Act and the California Fair Employment and Housing Act. Not only do these laws protect disabled individuals from being discriminated against in the workplace, but they also require employers to make "reasonable accommodations" that will allow a disabled individual to perform their work duties.

The state of California has a broad definition of "disabilities." Under state law, a disability is a condition that limits a person's ability to perform a major life activity. Not only does this definition encompass physical and mental disabilities, such as blindness, physiological conditions and clinical depression, but it also includes other medical conditions, such as cancer. However, not every medical condition is considered a disability under California law.

Employees hit “Do Not Disturb” after work

For most employees, we spend nine hours of our day, dedicating our time and energy into our workplace. The last thing we want to do is answer more work-related emails or phone calls after clocking out for the day.

That’s why more American workers are embracing a European movement called “Do Not Disturb.” The purpose of the campaign is simple – staff members disconnect from their work after clocking out. Usually, the employees activate the silent feature on their phones to avoid the pressure to work during their off time.

How work culture can encourage sexual harassment

Although many companies have implemented stricter policies to help prevent sexual harassment from happening in the workplace, the problem continues to occur. It may not be that the existing policies are not strict enough or that there are too few rules, but rather, that an underlying issue remains unaddressed. Many studies continue to suggest that sexual harassment is an abuse of power, implying that some employees may feel that their work culture allows them to get away with inappropriate behavior. Some cultural issues in the workplace may include:

Victims of wrongful termination have rights under the law

Most employers - and most employees - in California have a large amount of freedom to terminate employment relationships under the concept of employment at will. Employers are not allowed to terminate employees for just any reason, however. California and federal law establish a number of limitations on an employer's right to terminate an employee. One of these limitations is the prohibition of retaliating against whistleblower.

Not long ago, we told you about a high-level employee of a California auto manufacturer. The employee said that the company discharged him because he disclosed the results of a safety audit at one of the company's factories. He said that his termination was illegal under California's whistleblower protection statute. The company, for its part, claimed the employee was terminated for a reason unrelated to the whistleblowing.

What you need to know about pregnancy discrimination

Pregnancy-pregnant-employee-work-businesswoman.jpg

Here are the facts: Women in the workplace who are pregnant or who have recently given birth are a protected class according to Title VII of the Civil Rights Act of 1964. According to this landmark legislation, "[...] women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes, including receipt of benefit [...]."

It's not a complicated concept, and despite clear legal language as well as a long history of protections against discriminatory actions in the courts, thousands of employers every year continue to treat women differently when they become pregnant or take federally protected time off for maternity. 

What rules are there against workplace discrimination?

Rules exist against workplace discrimination to prevent California residents from experiencing negative work outcomes for illegitimate reasons. These reasons include race, gender, sexual orientation, age, disability, medical condition, pregnancy, national origin, religion, military service, and association with a disabled co-worker or disabled family member. This blog post will quickly describe some of the kinds of discrimination that are not permitted under California law.

For starters, employers may not allow discrimination against job applicants, unpaid interns or employees in hiring, assignments, promotions or terminations. It is also illegal to discriminate in any condition, term or privilege of employment. Employers must reasonably accommodate the disabilities of job applicants and employees so they can do the essential functions of a job. Employers must also reasonably accommodate job applicants' and employees' religious practices, including religious clothing, jewelry and hairstyles.

Study shows gender wage gap is much larger than we think

wage-gap-salary.jpg

It turns out that the wage gap between men and women is much larger than anyone expected.

Just how bad is it? New data reveals that women may earn only half of what men do over a 15-year span. But what's contributing to this massive pay difference?

We have handled sexual harassment cases for more than 20 years

Sexual harassment is bad for employees; often they face isolation, retaliation and a hostile work environment. Sexual harassment also can take a toll on employers as they struggle with low morale and legal exposure. Eliminating sexual harassment is a worthy goal, as is seeking appropriate remedies for the victims of sexual harassment.

Last week we told you about protests that hit a large California tech company. Employees around the world walked out in protest after a report came out detailing how the company had allegedly covered up sexual harassment by high-ranking executives over the years. In response to the report and protests, the company's chief executive officer said the company would look into and improve their policies regarding sexual harassment.

American Bar Association Los Angeles County Bar Association Super Lawyers Martindale-Hubbell - AV Preeminent AVVO Rating - 10.0 Superb The National Advocates | Top 100 Lawyers Lead Counsel Rated | LC Pasadena Weekly | Reader Recommended | Best of Pasadena 2016
Bononi Law Group, LLP, Attorneys & Lawyers  Employment & Workers Compensation, Pasadena, CA