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Los Angeles Wrongful Termination Law Blog

Workers should be familiar with racial discrimination protections

In general, race discrimination in the employment process is not permitted but it can sometimes be difficult to detect. The employee or job applicant, however, may know it is going on. It may outwardly seem more subtle when an employer fails to hire or promote an employee because of their race when the employer is unlikely to state racial discrimination as the reason. Racial discrimination in the workplace is strictly prohibited by both federal and state laws.

Ways to establish racial discrimination in employment, hiring and promotion practices, for instance, include if the employer inquires about the applicant's race but then refuses to hire them. Additionally, it may be possible to establish patterns of racial discrimination in hiring decisions or if an individual who is less qualified is promoted instead of the individual that is suffering racial discrimination.

Older workers are protected from age discrimination

Employees over the age of 40 are protected from employment discrimination on the basis of age. Workers are protected under The Age Discrimination in Employment Act of 1967 (ADEA). The ADEA protects employees and job applicants. Generally, it is unlawful to discriminate against an employee or job applicant in regards to any term, condition or privilege of employment. Employees and job applicants cannot be discriminated against based on age related to hiring, firing, promotions, layoffs, compensation benefits, job assignments and training.

The ADEA applies to employers with 20 or greater employees and state and federal governments. Except in rare circumstances, it is unlawful to include in job notices or advertisements age preferences, limitations or specifications. Additionally, requests for an applicant's age or date of birth are closely scrutinized. Also, in general, apprenticeship programs are not permitted to discriminate on the basis of age and benefits, except in limited circumstances when they may be reduced, cannot be denied to older workers.

Knowing the facts about sexual harassment is important

This blog recently discussed the serious nature of sexual harassment in the workplace. It can be helpful to be armed with the facts concerning sexual harassment if a worker is experiencing it or concerned about it. Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Title VII applies to companies with greater than 15 employees, state and local governments and some others. It protects workers in the workplace from sexual harassment.

Sexual harassment includes unwelcome sexual advances, requests for sexual favors and other physical or verbal conduct that is sexual in nature when the conduct impacts the individual's employment; unreasonably interferes with the individual's work performance; or creates a hostile, offensive or intimidating work environment. It is important to keep in mind that sexual harassment is illegal and victims have remedies.

Sexual harassment lawsuit brought against California start-up

Harassment of the sexual nature is not permitted in the workplace, and victims have legal protections to be aware of. It is often a difficult predicament to be involved in, sometimes causing employees to fail to timely report these acts. Nonetheless, employees have rights and the ability to assert them to ensure a safe work environment and protected civil rights.

Based on recent reports, a California virtual reality media company is facing a lawsuit for sexual harassment, sex and gender discrimination and wrongful termination. The lawsuit was brought by the company's former Director of Digital and Social Media. The virtual reality start-up company has offices in Los Angeles and Northern California. It provides co-working spaces, training course and media publication. The company has received several sources of funding.

Workers are protected in circumstances of unpaid overtime

Workers who do not receive the overtime pay they have earned can struggle to support themselves and their families. It is important they are familiar with their rights and how to enforce them. Workers who work overtime have a reasonable and understandable expectation that they will be compensated for their efforts and hard work.

When overtime work goes unpaid or underpaid, it can be problematic for workers. It is important workers are fairly compensated for the work they put in. Workers who work more than 40 hours per week and do not receive overtime pay may have the right to receive it. It is important for employees to be familiar with when they qualify for overtime pay and that they do not simply rely on their employer to tell them if they qualify or not for overtime pay because the employer may not be correct. Workers in movie theaters, computer programmers and marketing and business professionals, among others, are workers that may all qualify for overtime pay.

Trial begins in L.A.-area sexual harassment and retaliation claim

Workers are protected in several different ways in the workplace. These employee rights extend to various situations, involving both employees and employers. And in cases where a worker believes his or her rights have been violated, it is possible to assert these rights.

According to reports, a sexual harassment and wrongful termination lawsuit recently began in the Los Angeles area. Apparently, this claim is related to the termination of a city council aide who is asserting she was fired for reporting sexual harassment from a colleague and reporting other potentially illegal activity in the workplace. A representative for the woman in the lawsuit asserted the woman was retaliated against for reporting the sexual harassment of the coworker.

What protections are there against age discrimination?

Both federal and state laws provide protections that prevent employers from discriminating against employers on the basis of age. The Age Discrimination Employment Act or ADEA provides protections that prohibit employers from discriminating against applicants that are 40-years-old or older on the basis of age. The ADEA applies to different situations and stages of the employment process, such as the application process, job advertisements, apprenticeship programs, hiring and firing.

The ADEA seeks to protect older workers from age discrimination in several ways. The ADEA prohibits employers from discriminating on the basis of age throughout the employment process including application, interview, hiring, promotions and termination. ADEA protections are thorough and apply to the manner in which employers advertise open positions, conduct the application process, including the interview, conduct the hiring process, compensate workers, perform work evaluations, offer promotions or extend demotions, assign job duties; administer discipline in the workplace and terminate employees.

McDonald's required to pay unpaid overtime in California

Whether you were just hired or have worked with a company for years, each and every employee are afforded certain rights. Many of these rights relate to the protection from discrimination and harassment; however, employees are also afforded rights regarding wage and work hours.

It has been determined that the corporate`-owned McDonald's in California owe employees unpaid overtime wages. A trial to determine how much is owed is scheduled to begin soon. Damages in the case may reach into the millions of dollars. A California court recently ruled that the fast food company violated state law when it failed to credit night workers the full amount of overtime pay they were owed.

What is Title 7 and what protections does it provide?

Protections against discrimination in the workplace are important, but many workers may wonder exactly what protections they enjoy and what the legal basis for those protections is. Title 7 of the Civil Rights Act of 1964, commonly referred to as anti-discrimination laws, prohibits employers with 15 or more employees from engaging in discrimination based on race, national origin, gender or religion.

Based on the employee's race, national origin, gender or religion, the employer is forbidden from refusing to hire, from firing, from failing to promote, from paying less or demoting, from denying training, from disciplining or from harassment. Discrimination based on pregnancy is also prohibited and employers are not permitted to adopt procedures or policies that have a significant impact on one group of workers protected by Title 7.

Discrimination and harassment are not tolerated in the workplace

Discrimination and harassment in the workplace may make every day a challenge for workers facing such treatment. On a daily basis, victims in these situations may face a hostile work environment and concerns related to a demotion, wrongful termination or retaliation from an employer for reporting the illegal conduct they are subjected to. It is illegal for an employer to fire an employee in retaliation for reporting illegal conduct or to treat them differently.

Discrimination in the workplace is illegal and may be based on race or ethnicity, national origin, gender, pregnancy, religion, age, sexual orientation, disability and military service status. Victims in these protected classes who have experienced discrimination in the workplace can bring a claim to receive compensation for the emotional damages they may have suffered in addition to financial damages, such as lost wages, among other types of damages that may be available.

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Law Offices of Allan A. Sigel, P.C.

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