Articles Posted in gender discrimination

In many ways, our Rancho Cucamonga employment attorneys understand we cannot address the rampant problem of sexual harassment in the workplace without also addressing retaliation. That’s because historically – and even often today – exposure of harassment, assault and other bad behavior almost always has consequences for victims and allies alike. We refer to these as “retaliation” because they are acts taken by the employer or management as “punishment” for bringing the wrongdoing to light. sexual harassment lawyer Rancho Cucamonga

This is part of what is alleged in a recent Rancho Cucamonga sexual harassment lawsuit, filed by numerous young female workers say they were targeted for gender-based harassment – and then retaliated against when they reported it. This is according to a California employment lawsuit filed by the Equal Opportunity Commission against Del Taco chain restaurant, as the Daily Bulletin reports.

Filed in the U.S. District Court for the Central District of California, the sexual harassment and retaliation claim asserts that the fast food chain broke federal law firstly when no fewer than three male workers (including at least two in supervisor positions, such as shift leader) targeted plaintiffs with sexual comments and physical touching that were both unwanted and inappropriate. These incidents occurred at a single restaurant dating back to at least 2014, and many of the female workers who suffered these episodes at work were minors at the time, according to the complaint. Continue reading

The future of California sexual harassment lawsuits hangs in the balance, as the public is closely monitoring word of Governor Jerry Brown’s decision whether to sign the controversial AB 3080. The bill would result in direct impact to workplace harassment and gender discrimination claims by impeding an employer’s ability to limit disclosure and discussion of such agreements with mandatory arbitration agreements signed as a condition of employment.

As our L.A. sexual harassment attorneys recognize, the bill if passed would amend a portion of California Labor Code (specifically adding a Section 432.4) outlawing forced arbitration agreements barring job-seekers (employees or independent contractors) from speaking out publicly or pursuing civil court remedy agL.A. sexual harassment attorneyainst employers who fail to protect them from sexual harassment or gender discrimination. (The bill doesn’t specifically use the term “arbitration agreements,” but those policies are what is targeted and would be affected.)

Some have argued that what’s in the bill is already largely covered within provisions already existing in the California Fair Employment and Housing Act (FEHA), which is the state’s anti-retaliation law shielding employees from retaliation if they have a reasonable belief of victimization from unlawful employment practices. Others say the bill, if passed, will be widely open to judicial challenge. In 1987, the U.S. Supreme Court ruled in Perry v. Thomas (and again in 2011 with AT&T Mobility LLC v. Concepcion) that the Federal Arbitration Act requires arbitration contracts generally be on equal footing with other types of contracts and that state law can’t interfere with federal policy.  Continue reading

When an employer sets out to recruit young people, men, white people, Christians, those without disabilities or other groups, this can be a violation of federal and state labor laws against employment discrimination. Specifically, such claims might be filed under the following umbrellas:

  • Age discrimination
  • Gender discrimination
  • Racial discrimination
  • Religions discrimination
  • Disability discriminationemployment discrimination attorney

A number of lawsuits filed recently against social media giant Facebook and numerous employers who advertise and head-hunt for workers on its platforms accuse the defendants of discriminatory advertising and hiring. If a person in a protected class is denied opportunity in the workforce because of their membership in that class, this is illegal.

In California, state law (specifically the Fair Employment and Housing Act and the California Family Rights Act) prohibits employment discrimination in the process of hiring, promotion/ demotion, transfers, wages, termination and other aspects of employment. Los Angeles employment discrimination law firms work to combat these types of acts by holding offenders accountable.  Continue reading

A number of former female employees of sportswear powerhouse Nike are alleging in a gender discrimination lawsuit they were systematically maligned and denied key professional opportunities simply because of their gender.gender discrimination attorney

The gender discrimination lawsuit, filed in a federal court in Oregon, alleges the maker of sports apparel willfully and intentionally discriminated against female employees with respect to their wages, promotions and other conditions of employment, causing and fostering a work environment that was hostile. The women are seeking class action status, with the two primary claimants having previously worked at the company’s headquarters in Oregon. One now works for the firm’s primary rival. The women say females at the firm were judged significantly more harshly than their male counterparts, which in turn resulted in lower wages, reduced stock options and less in bonuses. When they reported the disparate treatment to human resources, their allegations (including those involving sexual assault and harassment) were mishandled or else blatantly ignored.

In a written statement, the company insisted they vehemently oppose any form of discrimination and that its pay and benefits for workers and that the “vast majority” of its workers live by values that include respect for all others. Earlier this year, a group of women at the company presented the CEO and president with information gleaned in an internal gender discrimination survey. The CEO swiftly responded with a full restructure of the team, which included announcing the president would soon be retiring. The president was largely blamed by plaintiffs for not only creating but exacerbating gender discrimination on the job. He was reportedly being groomed to take over as CEO until all this came to light. Continue reading

California is one of the few states that prohibits transgender discrimination in housing and employment. Cal. Gov’t. Code Section 12940(a) stipulates it’s unlawful for an employer to refuse to hire or employ someone or to discharge from employment or to discriminate against a person in compensation or in terms, conditions or privileges because of one’s gender identity. transgender discrimination

However, many other states lack such protections, and now, one transgender discrimination in employment case out of Michigan could go before the U.S. Supreme Court, potentially making it lawful for workplaces around the country to take adverse employment actions against workers on the basis of their sexual identity.

As reported by Lawrence-Journal World, the Kansas Attorney General is joining with officials from 15 other states, asking the U.S. Supreme Court to expressly declare transgender workers not protected by federal workplace anti-discrimination laws. In particular, they are requesting the U.S. Supreme Court reverse a ruling by the 6th U.S. Circuit Court of Appeals in Michigan, which decided the word “sex” used in the federal Civil Rights Act of 1964 – particularly in Title VII – does include transgender status and gender identity.  Continue reading

New Hampshire has joined California in protecting residents from gender identity discrimination with the passing of House Bill 1319, which gender discriminationwas signed into law by Gov. Chris Sununu. The bill added gender discrimination to the state’s current civil rights statute, which already includes age, sex, religious creed, race, color, national origin, physical or mental disability, familial status, and sexual orientation. By doing so, the updated law would prohibit discrimination based on gender identity in regards to housing, employment, and public accommodations.

 According to a report from New Hampshire Union Leader, the bill received support not only from the governor and state legislature, but also the American Civil Liberties Union, the Human Rights Commission, several health establishments, and a New Hampshire police chief association.

Gender identity primarily involves giving people the freedom to express their gender however they see fit, regardless of the sex they were assigned at birth. Transgender people, for example, would benefit from such protections. In recent years some have argued that gender identity discrimination falls under sex discrimination, including the Equal Employment Opportunity Commission and former Attorney General Eric Holder. Attorney General Jeff Sessions, however, has attempted to end this line of thinking. He released a memo last fall that expressly excluded gender identity from sex discrimination protections under Title VII of the Civil Rights Act of 1964. A spokesperson from the Justice Department claimed any attempts to extend those protections was an exaggeration of the laws Congress put in place. This has turned gender into a partisan issue with transgender citizens in the crosshairs. Continue reading

In what unfortunately is an unsurprising trend, the percentage of female coaches for NCAA sports teams is decreasing, even for women’s sex discriminationteams. According to a report from KCUR, women are actually losing ground over their male counterparts in coaching positions, despite more equal rights awareness and protections than ever.

To illustrate the trend, 20 percent of softball coaches were men in 1982 at the time of the first Women’s College World Series. The eight teams who played in the championships that year were all coached by women. Today, Division I softball programs have expanded greatly, and so has the percentage of men coaching those teams, up to 35 percent.

It’s not just softball that’s affected. In 1972 more than 90 percent of all collegiate teams were coached by women. Now it’s half, according to NCAA Champion Magazine. The KCUR report showed that of Division I volleyball teams, a championship title victor has never been coached by a woman, and in women’s basketball only four of the Sweet 16 teams last year were coached by women. This isn’t even to address the obvious lack of women coaching men’s teams. Women’s sports in general have increased in respect and popularity, making coaching opportunities more appealing to men, who previously were less interested in the roles. Continue reading

As the #MeToo movement has proven, it’s tough being a woman in the workplace, particularly working in a male-dominated field. Evenage discrimination tougher, it seems, is the discrimination women face as they get older and try to maintain their standing in their professional careers. Many face a different set of standards as they age than their male counterparts, according to an examination by Forbes. Men’s age is often seen as a symbol of experience, status, wisdom, and leadership capabilities. Even if they lack the modern skills some younger people bring to the workforce, they are typically valued for the knowledge they can share with those inexperienced in the field. For women, though, their age can be construed as a sign that they are outdated, out-of-touch, and lacking technical abilities. Sadly, physical appearance is frequently a factor is these discriminatory practices, with men’s appearances being viewed more favorably as they age.

Ageism and sexism run deep in our society, so some might not even be aware they are mentally perceiving their employees differently. But hidden biases are not an excuse to give employees unequal treatment. The Age Discrimination in Employment Act of 1967, Sec. 623 clearly states it is unlawful to fail or refuse to hire someone because of their age, or to discriminate in any way including compensation or terms, conditions, and privileges of employment. The law also prohibits classifying or segregating an employee in such a way that deprives them of opportunities other employees enjoy as a result of his or her age. Reduction of wages due to a person’s age is also illegal. Of course consideration of a person’s sex was already prohibited in workplace hiring, firing, and promotion matters based on Title VII of the civil rights Act of 1964.

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Fair pay has been a long and hard fought battle, and it’s not over yet. For instance, the U.S. Department of Labor Women’s Bureau reported in 2015, the gender earnings ratio (women’s earnings as a percentage of men’s) for full-time, year-round workers was 79.6 percent (up from 60.2 percent in 1980). White, non-Hispanic women as well as Asian women out-earn Black and Hispanic women.

A bill recently introduced in the California State Senate, ifrace discrimination passed, will continue to push even further to equality. SB-1284 was recently introduced by Senator Hannah-Beth Jackson (D-Santa Barbara) with the intent of more closely monitoring pay data at companies with 100 or more employees, and theoretically keeping companies more accountable for disparate wages

The bill would establish an annual check-in in which California incorporated employers that fit the total employee requirements would submit a pay data report to the Department of Industrial Relations. The department operates within the Labor and Workforce Development Agency and is designed to “foster, promote, and develop the wage earners of California, to improve their working conditions, and to advance their opportunities for profitable employment.” The report submission period would happen every September beginning in 2019. Continue reading

Gender equality in the workplace has been a long and hard-fought struggle, and it’s not over yet. Recently, a pay equity bill passed in Washington state that will make it more clear what constitutes wage and gender discrimination, ultimately fortifying employee rights. gender discrimination

HB 1506 updates a  75-year-old wage law making it a misdemeanor to discriminate based on gender, according to a report from KING 5 News. This measure will not only make it illegal to discriminate based on gender, but levelthe playing field for all employees. This is achieved in two substantial ways.

First, the measure defines what it means for “similarly employed” workers to receive equal compensation. As our employment attorneys can explain, many companies skirt the issue of “equal pay for equal work” by giving employees different titles, even though the tasks and work load are similar. In the past, employers could argue that because the jobs technically weren’t the same, wage comparisons were not relevant. By moving the goalpost to include “similarly employed” workers as deserving equal pay, Washington has removed this loophole and made sure that those with similar responsibilities and skills remain on a level playing field. Continue reading