Articles Posted in gender discrimination

A group of Californians are suing the state to prevent enforcement of a state senate bill signed by the governor last year that requires publicly-held corporations with principle executive offices here to have a minimum of one female on their boards of directors. That requirements is slated to go into effect by the end of this year. Then by the end of 2021, boards with five members are required to have at least two female members and boards of six or more must have at least three.gender discrimination lawyer Los Angeles

The whole idea behind Senate Bill 826 was to even the imbalance of power that exists from longtime discrimination against women in the workplace. However, the group of taxpayers now say the law amounts to a kind of reverse gender discrimination and is an overreach of government power.

In Crest et al v. Padilla, three plaintiffs assert that the law amounts to a quota system and is unconstitutional in light of Article I, Section 31 of the state constitution. As our L.A. gender discrimination lawyers can explain, this provision prevent discrimination of workers on the basis of sex. Plaintiffs are asking the Los Angeles County Superior Court to block taxpayer-funded resources that would be necessary for enforcement of the measure and initiate a permanent injunction to block enforcement. Continue reading

Temperatures in cities throughout Southern California soar well into triple digits around this time of year. For those who must brave the heat and still make it to work, many companies are seeing workers skirt the dress code rules with attire that may not meet company professional standards. But are workplace dress codes legal in California? Can a company reasonably defend them in a court of law?workplace discrimination

As Los Angeles labor and employment attorneys can explain, companies are free to implement workplace dress codes by setting standards for what is appropriate for the company or industry.

However, what they may NOT do is discriminate against workers on the basis of gender, gender identity (including transgender employees/those in the midst of a transition), religion, race or physical disability. Continue reading

Gender discrimination in California is rarely as blatant has it has been in the world of gaming.gender discrimination

One study conducted by the International Game Developers Association revealed nearly three-quarters of women in the industry work in jobs outside of actual development, meaning in turn they aren’t represented in content, character representation, styles of interaction or systems of rewards within the games. Another survey conducted by the same group two years ago revealed roughly 75 percent of those responding are male, reflecting little change in the last decade, lending credence to its reputation as a “boys club” and resulting in games that that tend to be less inclusive and misogynistic.

Now, the embattled developer of one popular game is now facing investigation by the California Department of Fair Employment and Housing for ongoing gender discrimination. This is the same company that has been named a defendant in recent litigation over its reportedly toxic misogynistic culture. Continue reading

This move comes after a legal technicality resulted in the dismissal of a gender inequality class action lawsuit brought by some 1,800 plaintiffs. Our Los Angeles gender discrimination lawyers know that it was not on merit that this case, filed in 2001, was dismissed in 2011.
But for many of those women, justice may never come. Some, including the primary plaintiff, are dead. Others have seen the statute of limitations run out on their claims. Some have been granted exception on those time limits since the case was reversed
The lead plaintiff lawyer in this case represented many of the others.
“We have unfinished business that we are determined to see to the end,” she told Law.com.

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A woman who served as chief of police in Baldwin Park, about 20 minutes outside of Los Angeles, has been awarded $7 million in a California race and gender discrimination employment lawsuit filed five years ago. The case was among the few gender discrimination claims in California to actually go to a jury trial.

Gender Discrimination in Police Departments

Federal law prohibits harassment on the basis of a person’s gender. This includes sexual harassment, of course, but also harassing a woman or making comments about females generally, as noted by the Equal Employment Opportunity Commission. Individuals of either gender can be either victim or harasser, and those involved can be supervisors, co-workers or clients/customers. gender discrimination lawyer Los Angeles

Although the law doesn’t bar “simple teasing,” isolated incidents of minimal seriousness and offhand comments, it’s illegal when it’s so severe or frequent that it creates an offensive and hostile work environment OR when the result is an adverse employment action, such as demotion or termination. Continue reading

A few months ago, Hollywood took on a depiction of the first-ever gender discrimination case argued in the U.S. Supreme Court by Ruth Bader Ginsburg, who was later appointed to that same court as a justice by President Bill Clinton. The film is about a little-known tax case, Moritz v. Commissioner of Internal Revenue, in which Ginbsurg successfully argued that a $600 caregiver tax credit shouldn’t be denied to a man solely on that basis. gender discrimination attorney

While it’s difficult to imagine in 2019 that so many laws – employment and otherwise – once distinguished so blatantly between men and women, what may be even more troubling is the fact that gender discrimination is still such a problem in practice. Our Los Angeles sex discrimination employment attorneys know that these cases still abound in all aspects of employment, including hiring, firing, wages, assignment of jobs, promotions, layoffs, benefits and other conditions of employment. Although these cases can be difficult to win, often plaintiffs – like the man in the $600 tax credit case – don’t do it looking for a windfall. They do it to ensure they and others won’t continue to face the same disparity.

Recently in Los Angeles, a charter school agreed to an $8,000 settlement in a gender discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission over an alleged gender-based disparity in pay among school tutors.

It is illegal – in California and across the U.S., per the EEOC –  to discriminate against a job applicant based on their race, color, religion, gender (including gender identity, sexual orientation and pregnancy) national origin, age (over 40), disability or genetic information. Yet one of the most frequently-used forums to lure new hires has essentially been facilitating just that, according to critics and a few employment lawsuits filed by the National Fair Housing Alliance, the American Civil Liberties Union and the Communication Workers of America. Los Angeles employment discrimination attorney

Social media giant Facebook has faced years of criticism that it allowed companies advertising job listings to use key categories allowing employers to cherry-pick who their ads would be shown to based on age group, gender and race. The New York Times now reports Facebook has agreed it will stop doing this.

It’s not just prospective employees that have been complaining either. Those advertising credit and housing have also been allowed to screen their ads so that they would only show to a certain subset of social media users. (Housing and credit are also regulated by federal anti-discrimination laws that bar selection of applicants on such bases.) Continue reading

Gender discrimination lawsuits are piling up once more against retail giant Wal-Mart, with nearly 100 unfair wage and hour claims filed in Florida and more expected in both California and Ohio later this year. Orange County gender discrimination lawyers are quite familiar with a long history of allegations against Wal-Mart by female workers alleging they were discrimination against for years – in some cases decades.Orange County gender discrimination attorney

Perhaps most notable was the 2011 case of Wal-Mart v. Dukes, in which late U.S. Supreme Court Justice Antonin Scalia, writing for the 5-4 majority, reversed the certification of a national class of female employees of Wal-Mart, finding it inconsistent with Federal Rule of Civil Procedure 23(a), which requires those seeking class certification to prove the the whole class of plaintiffs has either common questions of law or fact. Despite basically being too expansive, Justice Ruth Bader Ginsburg’s dissent described the company’s corporate culture as being “suffused” with gender bias.

Since then, the namesake plaintiff of the Dukes case has died. But many of the women who were originally part of that class she filed originally in 2001 are now in this action. When Dukes case was dismissed, the remaining claims were left under the consideration of the Equal Employment Opportunity Commission. Late last year, the EEOC granted them permission to sue for gender discrimination, citing violations of Title VII of the Civil Rights Act of 1964. That federal law prohibits employers from discriminating against workers on the basis of (among other things) their gender. Disparate treatment in the workplace resulting in systemic adverse treatment of a protected class is considered grounds for a Title VII claim.

In order to be successful in claiming employment discrimination in California, employees must first assert they are part of a protected class that received unfair treatment. The U.S. Equal Employment Opportunity Commission (EEOC) explains that to discriminate means to treat someone less favorably and disparately, with federal protections extending to individuals on the basis of gender, religion, color, race, national origin, disability or age (over 40). In California, unlawful practices spelled out by the Fair Employment and Housing Act 12940 outlines protections for these classes, but also for:

  • Genetic information
  • Marital status
  • Gender identity/gender expression
  • Sexual orientation
  • Military or veteran statusemployment discrimination attorney Los Angeles

Part of the reason California’s additional protected classes matter is they go farther than federal law, giving unfairly-treated employees more options to pursue action.

As Los Angeles employment discrimination attorneys can explain, “protected classes” aren’t merely limited to minorities. But employment discrimination is often subtle – and doesn’t necessarily need to actually be a part of a protected class in order to be protected. Discrimination based on the perception of belonging or association with others in these classes can be actionable in California employment discrimination cases too.

Perceived Protected Class Employment Discrimination Continue reading

Employment discrimination can be subtle, but it is described as unequal treatment or attitudes toward one group of employees or against another resulting in unfair, adverse impacts to a protected class of employees or prospective employees. Among the most common questions our Riverside employment discrimination attorneys receive is, “How do I file an employment discrimination lawsuit in California?” One of the first things we need to determine is whether you belong to a protected class, and if so, whether they suffered disparate and negative treatment as at least partially a result of being in that class. Riverside Employment Discrimination Lawyer

The California Fair Employment Practices Act marks its 60th anniversary in 2019. The law prohibits discrimination against employees and/or applicants on the basis of one’s actual or perceived belonging or association with one of the following protected classes:

Gender (this provision also bars sexual harassment);

  • Race and Color
  • Ethnicity
  • Marital Status
  • National Origin or Ancestry
  • Religious Creed
  • Pregnancy, Childbirth or Related Conditions (including lactation)
  • Disability
  • Age (pertains to individuals over the age of 40)

Once our Riverside employment discrimination attorneys examine the facts of the case to determine whether sufficient evidence exists to file a claim, we’ll give you a detailed rundown of your legal options. Unlike other types of civil claims, the process of filing an employment discrimination claim doesn’t always go straight to court. Continue reading