Do you know what is the 3 reasons why an employee needs a discrimination lawyer?
discrimination in the workplace is prohibited by law and in civil law,
an employee may be able to bring a suit against their employer for
discrimination. But in order to know whether or not an employee has a
claim, how he or she should go about their case, and whether he or she
has additional claims are questions a Discrimination Lawyer
is usually able to answer. There are many reasons why an employee
would need the aid and guidance of a Discrimination Lawyer, but there
are three important reasons worth listing.
You need to know if you were actually discriminated against
list of classes and characteristics that are considered protected by
the law is extensive yet the details of that list are not what people
believe it to be. For example, an employee may know that age is a
protected class, however, he or she may be unaware of what parameters
the law has created to regulate discrimination against employees of a
certain age such as what age groups are considered protected and what
behavior is considered as ageism. Discrimination
takes on many different forms and can be carried out in different ways.
Even if an employee feels they are being discriminated against it is a
job for a Discrimination Lawyer to hone in on the damning facts in
which implicate an employer of discrimination. If you feel as though
you are being singled out or treated in an adverse manner at the
workplace, it may be helpful to contact a Discrimination Lawyer. A
Discrimination Lawyer might be able to gather all the facts of an
employee's situation and advise them whether or not their employee
rights have been violated.
You need to know which law to sue under
Say what? What do you mean which law? In discrimination
matters, it is helpful to have a Discrimination Lawyer to assist an
employee in choosing what body of law to sue their employer under. In
discrimination cases, the employee who wants to bring a claim against
their employer may have a choice of law. This sounds confusing, but
basically, there are laws and remedies available under state and federal
law. The state and federal laws are similar in many ways, however
where they differ can significantly impact the outcome of an employee's
case. For instance, under California state law, there is technically
more possibilities for the enforcement of the employee's right(s)
and/or orders more penalties for an offender. In addition to relief,
under state law, an employee may also have the advantage of more
protection of their rights. It is also possible under state law to
recover an endless amount of compensatory and punitive damages. This
means that under state law, an employee suing for discrimination may
receive compensation in the form of money for the damage caused by the
employer and/or money awarded to the employee in order to punish the
employer for their unsavory actions.
from the possibilities of relief an employee may have under state law,
unlike federal law, state law does not require that the employee obtain a
unanimous jury verdict in order to be successful in their claim. In
other words, the employee suing under state law does not need to obtain
the complete agreement of all jury members in order to receive an award.
state law seems like the way to go, there are many factors and
circumstances that need to be taken into account for each individual
case. This is again why a Discrimination Lawyer plays an important role
in the employer's potential claim. If you or someone close to you is
contemplating a discrimination claim against their employer, it would be
beneficial to find a Discrimination Lawyer who offers free
consultations and no up-front costs.
You need to know if you have more than one claim
If an employee has a discrimination claim
against their employer, chances are there are other claims in addition
to the discrimination claim. It may not be obvious to the employee as
to what other claims may be tacked on to their discrimination claim, but
a Discrimination Lawyer may be able to examine the facts of the case
and find that the employee's rights were violated in more ways than one.
For instance, an employee may have complained about being discriminated
against and as a result, the employee was punished. The punishment may
come in the form of depriving the employee of their employment
benefits, not choosing the employee for promotion even though they are
qualified, cutting the employee's hours, reducing the employee's pay, or
even demoting the employee. These types of punishments that follow a
complaint may give rise to a retaliation claim in addition to the
Another type of claim that may be added to a discrimination claim is a claim for wrongful termination.
This is where an employee was fired because of an illegal reason. An
illegal reason may very well be discrimination. In other words, an
employee may be fired from their job because he or she belongs to a
protected class or possesses a protected characteristic. In addition, an
employee may be fired for complaining about something illegal such
discrimination which is also considered wrongful termination.
an employee may add on a failure to prevent discrimination claim
against their employer. Employers are obligated to take reasonable and
preventative steps to foster a discrimination-free work environment.
Therefore, if an employee has established a discrimination claim then it
is likely a failure to prevent discrimination claim would accompany
that allegation. If an employee made a complaint about being
discriminated against and the employer did not take any steps to prevent
future occurrences from taking place, then that also may demonstrate
that an employee has a failure to prevent discrimination claim.
hiring a Discrimination Lawyer, an employee may have the facts of their
case analyzed and from there, it may be determined whether or not other
claims may be added to the particular client's case. A Discrimination
Lawyer who has worked on many discrimination cases and has a high
success rate in those particular cases would be the leading type of
lawyer an employee should hire.
DO you know what is 10 Signs You Were Fired Illegally Based On Your Age?
As of 2017, the average amount of years a person lives in full health
in the United States is 79 and the average working American retires at
age 66. The latest stats show Americans are capable of working and some
do, work well into their later years, but are they afforded the same
opportunities as younger employees?
Today, older individuals who are currently employed or are applying for a position remain at risk for becoming victims of unlawful hiring practices, which is considered age discrimination.
For older workers who are currently employed, it makes sense that as
younger individuals enter the job market, the older employees still
remain in their current positions. This has the potential to tempt
employers to trade them in for a new and shinier model.
Below is a list of signs a Discrimination Attorney would likely identify as discriminatory behavior in the workplace.
You were fired and you are 40 years old or older
you're 40-years-old or older, that ticks an initial box in determining
if you can sue your old boss for discrimination, but it's not that
simple. Employment laws in California forbid discrimination from taking
place in the workplace. Discrimination laws
in the state do protect certain classes of individuals as well as
particular characteristics an individual may possess and age is
protected for employees and applicants who are 40 years of age. Keep in
mind though, the age of 40 and older is not sufficient to protected age
discrimination. In other words, employees who are 40-years-old or older
do not have automatic special status that is protected by the law. But,
an employee who was fired because of age and they are 40 years of age
or older, that set of facts does give rise to a potential age
discrimination claim. If age, specifically age 40 or older is in fact
raised in the decision to terminate an employee, that is perhaps
sufficient to establish age discrimination.
You were fired and replaced by someone younger
other facts, a key sign that you were fired based on your age would be
if your replacement was younger than you. Specifically, the significance
in age difference is the giveaway that you were discriminated against.
So the bigger the age gap, the more likely it is that you can prove you
were terminated based on your age. For example, Joe, a 52-year-old car
salesman, worked for 13 years at a dealership. His employer fired him
without reason and replaced him shortly after with a 27-year-old woman
with the same if not less experience than Joe. Based on this set of
facts, Joe could potentially prove that he was fired based on his age.
Alternatively, let's say instead of Joe being replaced by the 27
year-old, he was fired and replaced by a 39-year old. Although Joe's
replacement is still younger than he is, the age gap is not as
significant as the one between him and the 27-year-old replacement. Joe
may still have a claim, but his claim is stronger in the first scenario
because there is evidence to support an inference that he was fired
because of his age.
You were qualified for the position
you were qualified for the position but were fired anyway, this could
demonstrate you were fired because of your age and for no other reason.
For example, if Beth, 43-years old, worked as a receptionist for a
talent agency and was let go from her position. During her meeting with
HR and her boss, she was told the company was going in a different
direction and needed to hire someone with more experience. Soon after,
Beth was replaced by a significantly younger employee who had the same
skills, if not less than Beth. Here, Beth could use these facts to
potentially prove that she was fired based on her age for two reasons:
1) she had the skills required for the position and they fired and
replaced her with someone who did not have more skills than she had and
2) the employee who replaced Beth was significantly younger. Of course,
it is also important to note again that Beth is 43-years-old so again
she meets the initial element of age discrimination. Beth would likely
need to have an Age Discrimination Attorney present some evidence
showing her age was a factor in the decision replace her. An example
would be if her boss made a comment along the lies of "we need young
blood in this department" would suffice.
Your boss made comments or jokes about your age
jokes, remarks, or name calling in regards to age, made by an employer
or a supervisor to an employee 40 years of age or older is considered discriminatory behavior.
Name calling may include titles such as "Old fart", "Pops", or "Ole'
goat". These nicknames used to reference an employee is considered
offensive and directly attacks their age. Even jokes that may seem
harmless to the teller are still considered discriminatory when
commenting on someone's age. For example, An employee turns 50 and her
boss says "you know you're getting old when the candles cost more than
the cake". Here, this may seem harmless, but depending on the
circumstances it could lead to contacting an Age Discrimination
Other employees your age were also fired
before or after you were fired from your job, you know of other
employees whom were fired and who were also under the protected age,
that may bolster your age discrimination claim because it establishes a
pattern of discriminatory behavior.
You were treated differently compared to other employees
employers use certain tactics to discriminate against employees in more
subtle ways such as treating them differently compared to other
employees who are under 40 years of age. Although subtle, they
deliberately play favorites and purposely treat the older employee(s) in
a disadvantageous manner.
Your employer made changes or additions to the company policy to push you out based on your age
up to your termination, if your employer tried to create a divide
between your age and the rest of the employees who were younger by
characterizing you as belonging to a certain age group, that may be
considered discriminatory. Another example would be if the employer
actively took steps to keep you from obtaining employee benefits or
The decision to fire you was specifically motivated by age
may be demonstrated through making it a company policy to force
employees to retire at a certain age. Another example would be if an
employer fired an employee because the company insurance policy would
cost more to cover the employee because of their age.
Things got worse after you made a complaint
say before you were fired, you noticed you were being singled-out based
on your age and you made a complaint to HR. Soon after you complained
you were demoted to a lower paying position or even fired. This would be
a form of retaliation because you made a complaint about unlawful
behavior and in response your employer essentially punished you. Showing
that you were retaliated against for complaining of being singled out
based on your age may strengthen a claim for age discrimination.
Your age was the reason given for firing you
it may seem obvious, it is important to note that if an employer fires
you specifically because of your age, that is age discrimination.
However, you must prove the main reason you were fired was because of
your age. For example, if you were late several times to work, were
caught stealing office supplies, you lied on your time-card, and your
boss said: "Get your old saggy butt outta here, you're fired grandma!".
Here, yes this employer may have an issue with your age and made
offensive comments regarding your age, but it may not be considered the
leading cause of your termination. Alternatively, if your boss sat you
down and told you "I can't keep you on the team, we need a more youthful
perspective on the project and you are just too old", that is an example of age being the direct or leading cause of your termination.
today may come across certain issues at work that may lead to
mistreatment and ultimately loss of their job. But are the situations in
which the employee finds himself in legal and do they have rights in
filing a claim against their employer thereafter? A Discrimination
Lawyer or a Sexual Harassment Lawyer
may be helpful in these types of situations, especially when it comes
to wrongful termination. Below are some issues in which an employee may
come across and should know about.
1- You may be discriminated against because you have a disability
State of California has laws that govern the way in which employees
with disabilities should be treated at work and what rights they are
entitled to. The laws are fairly complex, however, and when an employee
with a disability is arrested, many legal issues may arise. Disability discrimination
is a type of discrimination in the workplace that is prohibited by law
and every employer should have an anti-discrimination policy in place at
their business. Although there are laws in place, employers do not
always comply with them, resulting in such legal issues as wrongful termination and / or disability discrimination.
is required of an employer? An employer has the duty to provide a
working environment that is free from hatred and / or discrimination. In
addition to ensuring a safe working environment for the employee, the
employer also needs to provide reasonable accommodation for those
employees who have a disability. Reasonable accommodation includes, but
not limited to, adjusting shifts, providing a tailored work schedule,
providing customized work equipment such as ramps or well-lit areas, and
also placing the employee in a position that is compatible with their
A Discrimination Lawyer
is the type of legal professional that employees should contact if they
have been fired because they have a disability or because their
employer has failed to provide reasonable accommodation.
2- You might lose your job over a sexual harassment issue
in the workplace is prohibited by law and employers are required to
have a zero tolerance policy on sexual harassment within the workplace.
However, if an employee makes a complaint about sexual harassment and
they experience an adverse treatment thereafter, there may be a possible
wrongful termination case. For example, Susan worked as a receptionist
at a dental office. Her supervisor Chris often made inappropriate
comments to her about her breasts and buttocks which made her feel very
uncomfortable on a professional as well as a personal level. Susan was
not interested in pursuing a relationship with Chris but she was afraid
to tell him because she was her supervisor. Instead, Susan called a sexual harassmenthotline
that was provided to her in her employee handbook. She was told by the
Human Resources representative to allow the department to conduct an
investigation. A few days after she made the complaint Susan was told by
her head manager that the company no longer had a position for her due
to budget cuts. Here, although Susan's manager was allowed to leave her
for that reason, she may still have a claim against her employer. In
looking at the timeline from when Susan complained to her when she was
let go, she may have indicated that she was let go because she was being
retaliated against. This means Susan was fired because she reported the
sexual harassment and as a result she was punished by being let go.
This may allow Susan to file a claim against the dental office for
retaliation, wrongful termination,
is only an example of a possible wrongful termination of a case due to
sexual harassment and retaliation. There are many other ways in which
the same claim (s) may arise, but based on totally different facts.
That's why a sexual harassment lawyer is the best type of attorney to
call to discuss your potential case. If sexual harassment occurs within
the workplace, the employee should report it immediately. If a complaint
is brought to the employer or the Human Resources Department, all
communications, interviews, and statements need to be documented. This
shows that the complaint was considered and demonstrates how it was
handled by the employer or Human Resources Department. Again, if you are
unsure if you have a case,
3- You may be fired for taking a leave of absence
Some employees need time to take a leave of absence.
If the employee has been ill, the employee has suffered a significant
injury, the employee is called for military service, or perhaps the
employee must take the leave for the birth of a child for the placement
of an adopted child. Every situation has laws that govern the way in
which employers are to give the employee leave. These laws are rather
complex and require the assistance of a lawyer. A Discrimination Lawyer
or a Sexual Harassment Lawyer may still be able to provide legal advice
on leaves. Never decide on your own that you do not have a case. Contact
A Discrimination Lawyer or Sexual Harassment Lawyer to discuss whether
you have the right to take a leave of absence. You may be entitled to
recover for wrongful termination.
an employee find himself or herself in a situation involving sexual
harassment, retaliation, disability discrimination and / or wrongful
termination, the employee should contact an attorney. A Discrimination
Lawyer or a Sexual Harassment Lawyer are the types of legal
professionals who handle the wrongful termination cases and can provide
useful information on how the employee may be able to recover. Many
claim crossover, therefore, it is always a good idea to ask a
Discrimination Lawyer or a Sexual Harassment Lawyer if you have multiple
claims against your employer. Make sure to contact a law firm that
offers a free consultation.
questions arise when an employee has issues at work that may be
harassment related. Can I sue my boss for being mean? Is it legal for a
manager to be a bully? How do I know if I am being harassed at work
and what rights do I have? Do I have a sexual harassment
claim? Is name calling considered harassment? What if I am afraid to
make a complaint against my boss? Should I make a verbal or written
complaint about the harassment? Is gossip considered harassment? What
kind of lawyer handles harassment in the workplace? What if I feel
unsafe at work? When these questions are raised by a frustrated
employee seeking answers, an Employment Attorney is a type of lawyer that handles cases where employees need representation in claims against their employer.
Gossip can be a form of sexual harassment
Unwanted touching and cat-calling are not the only ways sexual harassment can be exercised. Spreading rumors is a form of sexual harassment.
The spreading of rumors can be by the harasser himself or herself or
the rumors can be about the employee and the harasser but spread by
other employees. The main issue is that an employee has the right to
work in an environment that is free from harassment. If gossip is going
around the workplace about the employee that is of a sexual nature,
this may be considered as a form of sexual harassment. For example,
Clark was a barista at a coffee house. Upon Clark's first day of work,
he began enduring sexual advances made towards him by his shift manager
Tina. Often Tina would express her feelings for Clark through her body
language by making suggestive movements with her hands and mouth. On
other occasions, Tina would humiliate Clark in front of his coworkers by
making comments such as "see you at home honey" and "I want to have
your babies". After witnessing this behavior from Tina, Clark's
coworkers began teasing him about his "love Goddess Tina" and would
frequently hoot and holler at the two of them when they had shifts
together. The gossip in addition to the harassment he was experiencing
from Tina interfered with Clark's work and caused him major anxiety. He
called the Human Resources Department at the coffee house headquarters
and made a formal complaint about his uncomfortable predicament at work.
In this scenario, Clark's employer would need to correct the issue by
conducting an investigation and take reasonable steps to discontinue the
caused by Tina as well as the rumors and teasing caused by his
coworkers. If the harassment continued and nothing was done to stop the
harassment from continuing, Clark may have a claim against his employer.
Certain types of favors can be considered a form of sexual harassment
scratch your back if you scratch mine" is a common saying that just
means an exchange of favors, but sometimes certain favors offered in the
workplace are considered unlawful.
A sexual quid pro quo offer is a type of harassment. A sexual quid pro quo offer
is identified through an offer made by an employer to an employee which
entails sexual favors in exchange for employee benefits. For example,
an employer may offer an employee better hours if the employee agrees to
go on a date with the employer. Here, although this may seem rather
tame, this type of behavior is not to be taken lightly because it is a
form of sexual harassment especially when it is unwelcome, This form of
sexual harassment is not only demonstrated through an offer of
employment benefits, it can also be an offer for a sexual favors in
exchange for job security. This type of "exchange" may come off as a
threat. For example, an employer may tell an employee that they will
"let them" keep their job if the employee agrees to have an intimate
relationship with the employer. In that scenario, this kind of "offer"
may also be considered a form of sexual quid pro quo and therefore may be sexual harassment.
taking into account all of the facts, an Employment Attorney would most
likely be able to identify whether or not an employee was a victim of
sexual harassment by means of sexual quid pro quo.
Touching, leering and body language may be a form of sexual harassment
sexual harassment can be a grey area because it can be somewhat
subjective. Feeling uncomfortable can be used as a guide in the first
few steps in identifying sexual harassment. Touching, leering, and
certain body language in certain situations can be considered as a form
of sexual harassment when it is unwelcome. For example, an employee may
experience certain unwanted behavior towards them by another coworker
such as back massages, hugging, or grabbing. Also, the employee may be
subjected to the coworker making inappropriate gestures such as blowing
kiss or winking. Even leering may be considered a form of sexual
harassment in certain contexts. Acting out certain sexual acts in the
presence of an employee may also be considered a form of sexual
harassment. Again, the behavior and the context of the behavior are
essential in deciding whether to file a claim against an employer.
conclusion, note that there are different laws of State law and Federal
law that regulate harassment. Keeping this in mind, sifting through
what laws pertain to your claim is a job best suited for an Employment
Attorney who handles harassment cases. Employees have the right to work
in an environment where they feel safe and should not have to worry
about feeling like they are being violated via forms of sexual
harassment. An Employment Attorney may be able to shed light on a
situation that may seem complicated and overwhelming. Call an
Employment Attorney that offers free consultations like Stevens &
McMillan. Every case has unique facts which is why an Employment
Attorney endeavors to specialize in sexual harassment cases. An employee
who feels uncomfortable in their workplace should provide the
Employment Attorney with as much information as they can in order to
obtain quality legal advice.
Do you know What is Women's Rights in the Workplace? "We hold these truths to be self-evident, that all men are created equal." These word's that are located in the United States Declaration of Independence
are strong and powerful, but when taken literally they leave out a
crucial point. What about the women? Throughout the years it has been a
struggle for women to rise and be seen as an equal with their male
counterparts in the home and work life. President John K. Kennedy
said regarding discrimination, "Difficulties over segregation and
discrimination exist in every city, in every state of the union,
producing in many cities a rising tide of discontent that threatens the
rights have been suppressed by letting them be allowed from certain
areas of employment to not receiving equal pay and benefits just because
of their gender. Although the opportunities that women can pursue
compared to men has improved and increased over the years,
discrimination is still a large problem in the workplace. In 1964, the
law named Public Law 883-52 was passed by Congress that would no longer
allow discrimination "based on race, color, religion, sex, or national
origin" when "hiring, promoting, and firing" of workers.
Congress first brought this bill to be passed, a representative known
as Howard Smith who was a Democrat from Virginia, added this word
arguably to no longer get the bill passed. It is interesting and
showing that a large moment in the women's rights
wasn't even originally passed for their best interest. Instead, women's
rights and issues were used as a political battlefield. Title VII of
this bill which provided equal employment opportunities to individuals
who are seeking employment prohibited against discrimination on the
basis of sex and race subsequently created the Equal Employment Opportunity Commission (EEOC) as well.
act, title, and commission were very large monumental stepping stones
for the promotion of women's civil rights and equality, but the fight is
far from over.
There are thousands of sex discrimination
claims in the workplace filed every year. Looking back to when this law
was in its infancy every single claim that was filed between 1964 and
1966 had been ruled against the women who filed the claim.
raises the large question of has anything improved from then to today?
The enforcement of Title VII has gone through the court system countless
times, and in every instance, that title has gotten stronger. The
enforcement has been able to provide more protection to women, but the
largest battle has also been changing the mindset of women and
discrimination as well. Women who are thought to be ambitious are also
described as selfish and cold. Women in careers who show aspirations of
having a family are automatically stereotyped as not wanting to pursue
or continue their careers as well. Title VII protects women from being
discriminated against regardless of where they are in their family life,
or what their family planning might be in the future. A woman cannot be
discriminated against for being pregnant, have young children, or a
possibility of future pregnancy. For example, women who had young
children who yet were yet at a school attending age were protected from employment discrimination unless the employers established the same rule for men as well.
in the sixties were fighting for many issues that are similar and
different than what women are fighting for today. This goes to show that
the discrimination issue is constant and every adapting. In the
sixties, women were fighting to be able to obtain degrees and enter
fields that once were not allowed to them. While women today are
fighting for equal pay and promotions as well. Women are a considerably
large portion of the modern-day workforce, however, in the same position
with the same criteria as men earn on average twenty percent lower.
wage gap has been a large controversial issue that should not be
ignored. It seems that most aspects of employment were kept from women
at some point, and they have to continue to fight for equality on every
detail. The Title VII
has been historical because it now provides a legal precedent that
individuals can use to build upon for substance of their legal fights.
In the 1980's the federal courts prohibited sexual harassment under the
Act stating that sexual harassment is sexual discrimination.
there is a foundation and legal path that women can continue on, it all
began with this trailblazing act in 1964 and the individuals who passed
it. One thing that has been shown over history is that women will not
stop fighting or back down until equality is achieved.
all the current challenges that take place over the years and today,
the Civil Rights Act of 1964 with Title VII is important for every
person. This Act has provided women with the positive changes that have
pushed them towards no longer being discriminated against because of
their gender. Better yet, it provides legal protection against that
discrimination. While the legal standing of discrimination is much more
substantive than 50 years ago, discrimination is still existing and
women are still being suppressed in the workforce. While this fight is
strong, it will probably never fully be won and will exist in some form.
What should now be don't to help provide protection of equal rights
under the law? By continuing to back Title VII and creating a strong
precedent, discrimination will be harder to get away with legally. The
Federal Government should also continue to work with state and local
governments to enforce and create local laws that protect against
infringing on these rights. Continuing to pursue legal rights of women
and the discrimination of sex will help fight this issue to every extent
possible, and will provide everyone with the opportunities and rights
The State of California is full of employment opportunities and
chances to improve your quality of life by obtaining the job that is
right for you. The sun-kissed state is marveled for numerous reasons,
but for employees and applicants, it truly stands out for the many laws
which protect individuals in the workplace. In California, it is
unlawful to discriminate against employees or applicants based on
belonging to a protected class. A protected class means race, religion,
sex, gender, age, national origin, color, marital status, medical
condition, gender identity/expression, and or military or veteran
status. If you belong to one of these classes or possess certain
characteristics of one of these classes, you are protected by California
State law from being discriminated against based on belonging to the
particular class or having one of the characteristics. This article
discusses three forms of discrimination
that may not seem obvious to the unfamiliar employee or applicant and
with this knowledge and the guidance from an Employment Lawyer, you
might be able to identify if you have a case.
Exclusion From Training
employer who chooses to exclude an employee or applicant from training
that may lead to employment, advancement, or an internship opportunity
just because the employee or applicant belongs to a protected class, may
be engaging in illegal business methods.
example, Jim, a 25 year old male, who had a passion for working in
retail and fashion, was seeking a job in the particular industry. Jim
found a listing online to apply for a sales position at a women's
lingerie store in which offered training. He went into the store to
hand in his application. When Jim arrived, he asked to hand in his
application to the manager. While waiting to meet the manager, Jim
noticed that all employees on site were female and on the employee
backroom entrance a sign read "Girl's Club". Feeling self-assured in
his communication skills and his unique resume, Jim did not let the
feminine environment shake his confidence. The manager Susan, who was
also female, took one look at Jim and said: "I'm sorry, but we are only
considering female applicants, there is no room for a man in this
place". After Jim was denied consideration for the training that would
lead to employment, a female applicant with the same qualifications as
Jim applied and was selected for training. Here, it would seem that Jim
may have been discriminated against based on his gender which is a
protected class. Overall, it would appear that Jim was refused
consideration for an employment opportunity based purely on the fact
that he was male. This was demonstrated through Susan the manager's
comment that the store was only hiring females and that they did not
want any men at the establishment. In addition to Susan's comments, the
fact that all current employees were female on-site and the sign on the
employee door that read "Girls Club" are strong indicators that the
store has a pattern of engaging in unlawful practices of gender discrimination.
Lastly, the fact that the store hired a female employee who had the
same qualifications as Jim strongly suggests that he was passed over for
an employment opportunity based on his gender. Therefore, in gathering
all of this information, Jim might have a claim for gender discrimination against the lingerie store.
an employer decides not to select a particular employee or applicant to
pursue training that may lead to additional employment opportunities
solely based on the fact or presumption that this employee belongs to a
protected class, this may be a form of discrimination. Speaking with an Employment Lawyer would shed further light on a situation that may be similar to Jim's issue.
Preventing Success, Progress, or Advancement
employer may be considered as engaging in illegal practices if it
hinders an employee's career from flourishing because the employee is a
member of one of the protected classes recognized in California. It is
against the law for an employer to discriminate against an employee by
means of unfair treatment, depriving the employee of advancement,
benefits, and or preventing an employee from employment privileges.
In order to bring a claim for discrimination in the workplace
via adverse treatment, the employee must provide evidence that the
treatment which he or she endured was both substantial and detrimental.
But what does this mean? This means the employee has to show that the
employer treated him or her in such an unfair manner that would likely
significantly debilitate a reasonable employee's work achievement and or
functions in the same way. This means that the way in which the
employer prevented the particular employee from carrying out his or her
duties would also have impacted a reasonable employee in the same way.
In other words, it did not affect them in a trivial way, rather it
effected the employee substantially. So if an employee is merely annoyed
or disappointed with the way in which he or she was treated, he or she
would most likely not have claim in discrimination via preventing
success, progress, or advancement.
Again, an Employment Lawyer would need to analyze the facts of the particular case in order to decide if they should pursue legal proceedings.
The Little Things Can Add Up
previously mentioned, an employee might not have a claim if the adverse
treatment which they endured merely annoyed them, the treatment must
significantly cause damage or disrupt the employee from doing his or her
job. However, an employer's unfair treatment of an employee although
minor, if it is frequent, may in fact end up being substantial. For
example, Linda, an employee at an insurance company, was open about her
same-sex marriage to her partner Beth. Linda had been working at the
company for three years and felt comfortable having her framed wedding
photo of her and Beth on her desk. A new manager, Lisa was hired to
oversee Linda's department. Lisa saw the picture on Lisa's desk and
reprimanded her for having "obstructions in her workspace", even though
other employees were not reprimanded for having family photos on their
desk. A few weeks later, Lisa had Beth transferred to another desk,
which annoyed Linda but she complied. Days after her transfer, Lisa
accused Linda without evidence of falsifying her time sheet and had her
suspended from work for two weeks, which damaged Linda's career working
in insurance. No other employees were treated the same as Linda by
Lisa. Here, these occurrences may add up to Linda having a sexual orientation discrimination
case against her employer, especially because no other employees were
treated the same as Linda, and Linda was singled out because of her
Employment Lawyer would look at all the incidences that accumulated
against an employee to decide whether there is a discrimination case at
in the workplace is the impetus of fear for new applicants when
applying for jobs in superficial corporate America. Applicants with
names that are laced with the negative stigmas of a racial minority
existence are left perplexed and fearful of being rejected by a
prospective employer prior to even being extended an invitation for a
formal interview solely based on prejudices invoked by their ethnic
sounding names. Job-seekers within the LGBTQ community are troubled by
the thought of appearing for an interview and being judged harshly by
the interviewer as an immediate reaction to their seemingly insufficient
level of conformity to societal norms. Race, sex, and religious forms
of discrimination have been the focal point for present day social and
political protesters. Issues concerning the aforementioned topics of
discrimination have historically plagued the job-hunt and sabotaged
promotion opportunities for a myriad of American citizens. With these
issues of discrimination in the forefront, we may find it somewhat easy
for one to overlook forms of discrimination that may occur against the
nation's elderly population.
the average American Life-span expanding into later years, more
employees are remaining in the workforce. With this in mind, many of
these employees have children later in life and therefore their families
depend on them financially. For example,
up in a single parent household, Tammy and her sisters and depended on
their mother to provide consistent financial stability. It never
crossed their minds that sexism, racism, and/or ageism could creep into
the hiring process, and hinder their mother's ability to provide that
financial security that they sought from her. During the junior year of
Tammy's undergraduate studies, her mother was terminated from her job
of ten years. It was during the period of her job search that Tammy
discovered the extent of her mother's concern for discrimination during
the hiring process. As Tammy attempted to comfort her worries, Tammy's
mother exclaimed "…it's easy for you to be calm, because you're young.
People will hire you in a heartbeat". Immediately Tammy realized that
it was not the possibility of being under qualified for the job postings
that worried her, but it was the constant fear of being discriminated
against because of her old-age and lack of youthfulness that triggered
her apprehension. The complexity of her present situation forced her to
consider the potential for unwanted strain and hardship caused by an
inability to manage and fulfill all of her responsibilities. Worry
endlessly circulated through her mind as the gravity of having to
singlehandedly maintain the household bills and welfare of her children
weighed down on her tense and stressed shoulders. Tammy understood her
reluctance towards returning to the applicant pool in her mid-forties,
as well as, the perplexities surrounding the undesirability she imagined
would plague her image during her attempts to gain employment. As her
daughter, it was extremely disheartening for Tammy to see the usually
confident, smart, and courageous woman whom she so vastly admired become
so dispirited by this circumstance.
When the feelings of pessimism and rejection consume a job applicant during their job search
anti-discrimination Acts like The Age Discrimination in Employment Act (ADEA) need to be enforced by Employment Lawyers. The Age Discrimination
in Employment Act (ADEA) "…is a federal law that protects workers and
job applicants age 40 and over from age-based discrimination in all
aspects of employment." Encouragement can be felt by a number of aging
Americans in the market for a job or currently employed knowing that the
federal law is on their side in the workplace. Notably, Section 4
Clause 1 of the ADEA prohibits employers from discriminating against
someone solely based on age. With further analysis of this clause by an
Employment Lawyer it is equally important to note that the term "all
aspects of employment" is not narrowly tailored to only protect from
discrimination during the hiring process, but the ADEA ensures that "an
employer may not fire, refuse to hire or treat an employee differently
than other employees because of age". The protection of this law does
not conclude with the applicant's ability to obtain a job, but it
continues to protect the employee throughout the life of their
employment. This aspect of protection is further dissected and
thoroughly defined in the opinion of the case by District Judge Robert
Taylor in his ruling of James G. Gill v. Union Carbide Corporation.
Taylor states that "The purpose of the Act under which this action was
instituted is to promote employment of older persons based on their
ability rather than their age; to prohibit discrimination on account of
age; and, finally, to aid workers in meeting the impacts that come with
age. 1 Section 623(a)…". His analysis of section 623(a) of the ADEA
forces the reader to consider the significant impact that age can have
on one's ability to perform job-related duties that were much easier to
execute in their youth. Furthermore, this clause of the Act makes it a
necessity for the employer to provide adequate accommodations for an
employee to aid them in successfully fulfilling their work-related
obligations. Again, in order to have these rights enforced if they are
violated, an employee would need to have an Employment Lawyer represent
them in their case against their employer.
The facts of each case are unique and need the close analysis of an Employment Lawyer
laws that regulate age discrimination vary in their application because
they are mainly based on behavior, therefore an Employment Lawyer is
needed for analyzing the unique facts of a case.
anti-discrimination laws for age are established to regulate adverse
patterns or behavioral trends that previously occurred on a more
consistent basis. These adverse patterns and/or behaviors have or can in
some way, shape, or form inflict harm on another human being. To focus
on numbers and productivity instead of appreciating the human being that
is working diligently to produce the product, then to subsequently
devalue elderly employees and prospective applicants are unethical and
appalling. Cases in which an employer chooses to fire an employee based
solely on their aging status, and not on their lack of work ethic are
morally wrong and corrupt. Furthermore, refusing to promote, hire, or
professionally consider someone as a consequence of their age is equally
is a part of life, therefore, a culture in which an aging person is
afraid of not being able to provide for themselves due to their
undesirability in the workforce in unaccepted. Idealistically longevity
in a position should demonstrate to an employer that an employee is
reliable, dedicated to the company, and (more than likely) encompasses a
wellspring of knowledge about the company. An individual with this
set of characteristics is clearly an asset to a business and not a
burden. The fear that can overcome any employee over 40 that the
thought of re-entering the applicant pool while over the age of 40 is a
feeling which no American should have to endure. Knowing that the
lawmakers of this nation see the value in workers aged 40 years and
above should provide a sense of comfort for individuals that find
themselves in predicaments. The ability to provide for yourself and/or
your family is a luxury that should never be compromised by judgmental
ideologies of what it means to be "useful".
If you have an employment situation that involves issues with your age, you should reach out to an age discrimination Lawyer.
a majority of employees in California struggle with work-life balance.
An individual may be striving for that promotion at work, finding time
to go to their kid's soccer game, praying they will finally pay off
their student loans, and still finding a moment to hit the gym so they
can stay in good health. The average Californian tries to do it all. But
what happens when a serious illness gets thrown into the mix for the
employee himself or an immediate family member? Or, what if an employee
is injured and needs surgery which will require time off from work to
recover? More importantly, what if you take a leave of absence and as a result, you are fired? A leave of absence resulting in a termination might mean you were fired for an illegal reason. An Employment Lawyer
is the type of lawyer who handles these types of situations. If you are
thinking you may need an Employment Lawyer, here are some points to
consider that you may not have known.
The number of people you work with may be important
seems odd, but the number of people employed by the organization or
company you work for may be a significant factor in whether you have a leave of absence
claim. There is a 50/75 rule which means there need to be 50 employees
at your job-site, or 50 employees within a 75-mile radius of your job
site. For example, you may work for a company that only has 20 employees
in your building, that means you don't meet the 50 employee standard.
However, if the company has another branch 25 miles away from your
job-site and has 30 employees on-site, that may suffice to meet the
requirement. Here, the 50/75 rule is likely met because the branch is
within the 75- mile radius requirement and adding the branch's employees
equals 50 employees total.
Being sick or injured isn't the only type of recognized leave
Aside from taking time off
for their own illness or injury, an employee may take leave to care for
a member of the family who is seriously ill. Also, an employee may take
a leave of absence because they are pregnant or for the initial receiving of an adopted or foster child.
Your leave may last up to 12 weeks
As an employee, you may have the right to take up to 12 workweeks for your leave of absence.
The 12 workweek leave is permitted in a 12 -month time frame. Keep in
mind though, your employer has some discretionary power on how the
12-month period is measured. For example, an employer can decide to
measure it as a calendar year instead of measuring the 12- months
starting on the day the employee took their leave.
You get the best protection the law provides
There are multiple statutes that overlap and provide protection for an employee's right to a leave of absence.
Although multiple statutes covering leave complicates the process, the
good news is that an employee who has taken or needs to take leave is
entitled to utilize the statute that provides the best protection and
most rights for their particular circumstances.
Your employer can give you more time off than the law requires and you can hold them to it
employer has to meet certain standards the law sets out for providing
leave to employees. But, if your boss is generous, he or she is entitled
to exceed those standards and you may be able to enforce what they
promised. For example, Brad is an employee at a marketing agency and
takes a medical leave to have corrective surgery on his shoulder. Even though he was entitled to 12 weeks of medical leave
by law, his employee handbook states that he has 14 weeks. After he
took 14 weeks leave for his surgery his boss replaced him and told Brad
they no longer had a position for him at the agency. Here, even though
by law was only entitled to a 12-week leave, because he was promised 14
weeks in the employee handbook, he may have a claim against his boss
for violating the company's own standard.
In most situations, you can't be replaced or demoted
If you take a medical leave of absence
that is covered by the law, you are entitled to have your original
position restored back to you or another position that is equal. For
example, Tammy was a full-time employee at a multinational package and
delivery company working in the financial accounting sector. She took a
leave of absence to care for her child because he was suffering from a
serious illness. Upon Tammy's return, the head supervisor of the
department told Tammy he had to replace her and now she must work in
customer service as a customer service representative. Tammy was
devastated by this news because this meant a huge pay-cut for her in
comparison to her position in finance. In addition, she was over
qualified for the new position. Here, not only was Tammy replaced, she
was moved to a position that was considered a demotion from her original
position and it was not equal in pay or department. Tammy might have a
claim against her employer for violating her right to take a leave of
absence to care for her son.
is an exception if the employee taking leave or did take leave was in a
significant position such as a CEO or was high-up in management. In a
situation such as this, an employer may not be required to hold the
employee's original position.
After requesting or insisting for leave of absence
or taking a leave of absence, your boss can not demote you or fire
because you took the leave. By mistreating you, singling you out,
demoting you, or transferring you after you put a request in for taking a
leave of absence may indicate retaliatory behavior. This basically
means your boss is not allowed to punish you or make your job more
difficult specifically because you took a leave of absence. This may be
considered retaliation which is prohibited by law in California.
In taking all of these points into account, if you have an employment situation that involves issues with you taking a leave of absence, you should reach out to an Employment Lawyer.
word "battery" is a word you would normally hear while watching your
favorite crime drama, but it actually can occur in your very own
workplace. Under civil law, particularly in employment law, employees
are entitled to bring a claim against their employer if they have been a
victim of battery in the workplace. The tort claim requires the
employee suing their employer to prove that they were touched or the
employer caused the employee to be touched and that the touching was
intended to cause the employee harm or cause he or she to find the
An Employment Lawyer
is the type of attorney who specializes in this type of situation,
especially when a single claim may overlap with another claim. Battery
claims do not always come alone though, they are often accompanied by
sexual harassment. There are three features of battery, all of which
have the potential to have a sexual harassment element to each of them. Sexual harassment in the workplace
is prohibited by law and employees have the right to sue if they become
a victim of unwelcome touching or inappropriate comments.
Below are some of the excuses employers have in response to battery and sexual harassment claims.
"I didn't mean to hurt or offend you"
an employee follows through on pursuing a claim against their employer
for battery, they need to prove the employer had intent. On the
surface, intent would seem to mean that the employer made it his or her
goal to hurt the employee, however this is not the case. When making out
the elements of battery, intent is proven by showing the employer
intended to do the act that caused the harm. For example, person A
smacked person B's buttocks in what person A claimed was just a "love
tap" while person B suffered extreme pain in their tailbone, extreme
humiliation, and or suffered extreme anxiety from this so called "love
tap". In this example, although person A did not intend to hurt person
B, person A did intend to commit the act, smacking B's buttocks, which
caused person B harm. Therefore, in that example person B would be able
to prove intent in their battery claim against person A.
"I was just joking, you're not even hurt!"
the second element of battery can be tricky in that it is based on
contact that is harmful or offensive. Of course physical harm is more
concrete and may be easier for an employee to show if they had a bruise
or mark, but how do you prove "offensive"? The law in California says
that touching is offensive where a reasonable person would find that it
offended or wounded their personal dignity. For example, Sally was an
administrative assistant at a marketing agency. Her job required her to
spend a lot of time filing paperwork and restoring it in the filing
room. One day while she was trying to place a file box on a high shelf,
her boss Greg saw she couldn't reach and said "here let me help you" and
picked Sally up by placing his hands on her buttocks and waist. Here,
although this touching did not harm Sally, she found the touching to be
offensive and a reasonable person in Sally's position would likely find
the touching of one's buttocks and waist by their boss to be offensive.
that harmful or offensive conduct in a battery claim is negated where
the touching was unavoidable, it was for a legitimate reason, or it was a
touching that is acceptable in the course of everyday life. This means
that if the harmful or offensive touching took place during an event
that falls under one of those categories, then a claim for battery may
be voidable. For example, let's look at Sally and Greg's situation
again. This time, Sally was standing on a ladder to reach the shelf and
lost her balance but Greg caught her before she hit the ground. Here,
even though Greg may have touched her in a way that might be harmful or
offensive, the touching may be considered as unavoidable because she
fell on to Greg.
way in which harmful or offensive is identified can be complex
depending on the circumstances. It is best to have an Employment Lawyer
analyze the facts of the case to ensure you get a professional and
"You didn't say no"
is one of the elements that needs to be made out in a battery claim.
Did the employee tell the employer that he or she wanted to be touched?
Did the employee welcome the touching? Often when a battery claim is
brought against an employer, they will claim that they thought consent
was not necessary. Consent is an important factor in making a claim
against an employer in battery. Where there is no consent for the
touching, the employee's case is strengthened.
As seen in the examples above, battery and sexual harassment
often go hand-in-hand. All three elements of battery need to be met in
order to have a battery claim and in addition to the battery claim, an
employee may have a sexual harassment claim. If an employee has been
sexually harassed by unwanted touching, he or she may have a claim
against their employer for sexual harassment in addition to the battery
claim. Again, sexual harassment can be characterized as unwanted
touching which is where the battery usually ties into the sexual
all of the information and examples into account, an employee may be
able to identify similarities in their own situation at work. Of course,
every case is different and it is only with the guidance of legal a
professional such as an Employment Lawyer that an employee will know if
they have a claim worth pursuing. The Employment Lawyer will want
details of the circumstances to ensure that all elements of battery have
been met and the lawyer may also ask through questions about the sexual
harassment the employee has experienced.