A court decision recently may help women in California and the other West Coast states get equal pay for doing the same work as their male counterparts. In that opinion, a federal appeals court held that employers cannot use a woman's salary history as a justification for offering her a lower wage.
A previous post on this blog talked about how the Department of Justice recently reached a settlement with a nursing home facility that forced a woman either to submit to a flu vaccine or face termination. While the ostensible purpose for the nursing home's rule was to ensure patient safety, the government asserted it was in fact religious discrimination given the woman's sincerely held views about vaccines.
An Italian restaurant enterprise in California now faces a federal civil lawsuit filed by the United State Equal Employment Opportunity Commission, or EEOC.
It is important for workers and their families to be aware that they are protected from unlawful discrimination in the workplace and are also protected from unlawful harassment, such as sexual harassment, in the workplace. In addition, if employees face a demotion, or wrongful termination in retaliation by an employer for reporting workplace discrimination and harassment, they are also protected.
When the topic of employment law comes up, the natural tendency is to think of people that are already employed being discriminated against, sexually harassed, neglected financially, and wrongfully terminated. What many people won't consider is that a prospective employee -- a job candidate -- has rights too under the legal umbrella of employment law. The hiring process is a critical time for both the company and the people who want the job. So today, let's talk about this critical process.
A pregnancy is usually a joyful event in a woman's life. However, for working women who are victims of discrimination based on their pregnancy, this time can be fraught with anxiety and extreme stress. What many in Southern California may not realize is that the topic of pregnancy discrimination is taken seriously by the law and has even been addressed at the national level.
Employment discrimination and harassment can happen through the creation of a hostile work environment or the occurrence of an adverse employment action as a result of an employee's reporting of illegal activity. It can consist of improper treatment by an employer or their improperly speaking to or about an employee in a negative manner.
Most Los Angeles residents probably believe that discrimination in many different areas of life is on the decline in America. Our country certainly has come a long way from the days of slavery or Jim Crow laws. However, racial discrimination is unfortunately alive in many aspects of day-to-day life. One place where it can be easily seen is in employment discrimination.
Unnecessary conduct, such as offensive comments or jokes, slights and annoying behavior, should not be encouraged in the workplace. However, this type of conduct often occurs. Some employees may be sensitive to this behavior and feel that co-workers or their employer is harassing them as a result. For this reason, many California residents may be curious as to what conduct actually constitutes harassment in the workplace.
As residents of Los Angeles may know, federal law prohibits discrimination against any worker by his or her employer if he or she is a member of a protected class. These classes include race, religion and gender, among many others. These protections may be governed further with regards to specific types of discrimination. For example, female employees that are pregnant are protected from discrimination by the Pregnancy Discrimination Act.