Articles Posted in gender discrimination

A prominent, national law firm is facing a growing number of lawsuits pertaining to its secretive compensation system that former attorneys say hides systematic pay discrimination against women. Some of those include claims, filed in 2018, included plaintiffs who worked for the firm in California, as the ABA Journal reported. gender discrimination

In that case, the lawsuit alleges there was an enforced “code of silence” with regard to pay and productivity wherein partners kept compensation information confidential. That left female attorneys out in the cold, unable to discover or attempt to equalize their pay. Guidelines at the firm were reportedly changed to discourage – but not outright forbid – discussions of pay among partners and employees.

Recently, a U.S. District Court for the District of Columbia denied the law firm’s motion to dismiss these lawsuit, though the court did dismiss several of the pregnancy discrimination claims. Continue Reading ›

The 1963 Equal Pay Act mandates that employers must provide equal pay for equal work. The express purpose was to eliminate the practice of paying women less simply because of their gender. The law does allow employers to offer an affirmative defense to the law if they can show that some factor other than one’s gender played a role in lower pay. The question recently before the U.S. Court of Appeals for the Ninth Circuit in Rizo v. Yovino was whether a California math teacher/consultant’s past salary qualified as a “factor other than sex” that allowed the school district to legally pay her less than her male counterparts. On remand from the U.S. Supreme Court, the appellate court ruled that it is not. California Equal Pay violation

In other words, the school district can’t use one’s prior salary as an excuse to pay them less. The court ruled that to allow employers to pay workers less solely based on the pay of a previous employer would essentially defeat the purpose of the federal Equal Pay law and perpetuate gender inequities in pay. As our Los Angeles equal pay lawyers can explain, fact that women have been paid less ion the past isn’t justification to continue paying them less.

Several other federal appellate courts have held that if defendants in an equal pay case present a “factor other than sex” defense, that factor has to be job-related. Only one court, the U.S. Court of Appeals for the Seventh Circuit, has held that the defense can involve any number of essentially limitless other factors, so long as none of them involves the employee’s gender. Continue Reading ›

Pregnancy discrimination remains an ongoing problem in workplaces throughout the U.S. and California. Women make up half the workforce, and almost 85 percent of them will become mothers at some point during their careers. And yet, as our Los Angeles pregnancy discrimination lawyers have seen time and again, pregnancy and childbirth are treated as if they are some kind of deviation from the norm. That’s because many workplaces are constructed around the arcane idea that the ideal worker is male. Los Angeles pregnancy discrimination lawyer

An employer commits pregnancy discrimination when taking adverse action on the basis of an employee’s pregnancy, childbirth or condition related to pregnancy or childbirth. Some pregnancy-related medical conditions may include:

  • Gestational diabetes
  • Hyperemesis gravidarum
  • Preeclampsia

Pregnant workers with these conditions are entitled to reasonable accommodation under the Americans with Disabilities Act.

Food Service Industry Pregnancy Discrimination

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As an employee in California, you have rights under both state and federal law that protect you from harassment and discrimination based on your belonging to a protected classification. For example, if you are a woman paid substantially less than male colleagues doing the same work, that’s a form of gender discrimination on the basis of sex – a protected class. Los Angeles employment lawyer

In fielding hundreds of inquiries over the years from California workers whose rights are being violated on-the-job, our Los Angeles employment attorneys want to ensure as many people as possible understand what exactly harassment, discrimination and retaliation is and how to best address it.

What is Workplace Discrimination? 

Discrimination is adverse treatment by an employer against workers who fall into a protected class. California employers are prohibited from discriminating against employees on the basis of:

  • Race
  • Color
  • National origin
  • Religion
  • Gender (including pregnancy, childbirth and related medical conditions)
  • Disability
  • Age
  • Citizenship status
  • Genetic information
  • Marital status
  • Sexual orientation
  • Gender identity/expression
  • AIDS/HIV
  • Military/veteran status
  • Status as a victim of domestic violence, stalking or assault

This is much more extensive than the federal law, and some cities in California have their own rules that extend protections even further. Continue Reading ›

A new study published in the New England Journal of Medicine reveals that sexual harassment, verbal abuse and gender discrimination are the catalysts mostly responsible for the high rates of burnout among female doctors.doctor gender discrimination

Physicians in general have high rates of burnout, defined just this year by the World Health Organization as a condition characterized by cynicism, emotional exhaustion, physical fatigue and reduced productivity resulting from unmanaged job-related stress. What this new study suggests is the problem is even greater for doctors who are women, and surgical residents in particular.

Another recent survey conducted by physician staffing firm Merritt Hawkins showed that more than three-quarters of female physicians responded in the affirmative when asked whether they had experienced gender-based discrimination in the workplace. Continue Reading ›

Working mothers in California will soon have stronger support for workplace lactation accommodation. Starting Jan. 1, 2020, employers must provide lactating mothers with a place that is private, secure and close to their workstation in order to pump. Additionally, the room must be equipped with a chair as well as a table or shelf to store their pumping equipment, along with access to electricity, running water and a refrigerator or cooler in which to store their milk. These must all be close to their workstation. lactation accommodation lawyer

As our Los Angeles employment attorneys have been made aware, too many new mothers have been forced to express milk in a restroom, closet, vehicle or other location that isn’t ideal. Research shows that lack of a proper lactation space is especially a hardship among lower-income workers of color.

This new measure mandates companies to inform their workers of their right to express breast milk on-the-job, as well as provide the space and adequate time for it. Any violations of these rights must be reported to the state’s Labor Commissioner’s Office. Continue Reading ›

A proposed class action lawsuit alleges banks, insurance companies, investment firms and loan officers were able to discriminate against older, female prospective new hires and customers using Facebook Inc.’s targeted ad platforms. The complaint, filed in San Francisco federal court, insists the company allowed financial service and other advertisers target their ads to certain consumers on the basis of age and gender – even though the company has already been taken to task for similar discriminatory ad practices.employment discrimination

If it’s proven that this violated civil rights and employment rights laws, Facebook could be vulnerable to paying billions in damages to users across the country.

An attorney for the plaintiffs told Reuters the relative novelty of the internet doesn’t usurp the civil rights and employment law protections that Americans enjoy. A spokeswoman for Facebook said the company is taking the time to review the complaint, and expressed pride with the gains the social media giant has made on this front over the last few years. Continue Reading ›

A federal judge in California has ruled that plaintiffs in a gender discrimination lawsuit against Walmart Inc. must file their cases individually, rather than altogether in class action litigation. The decision wasn’t especially surprising, given a similar ruling made by a federal court in Florida earlier this year. Although this will create challenges for the individual plaintiffs, it could ultimately mean higher damage awards for some of the individuals. gender discrimination lawyer

This case, Renati v. Wal-Mart Stores, Inc., involved of a group of 18 women who had originally been part of the landmark U.S. Supreme Court case of Dukes et al v. Wal-Mart Stores Inc., which certified a class of 1.5 million workers (more than any other in history), all asserting that the retail giant was in violation of Title VII for disparate pay and benefits to female workers compared to their male counterparts. Women alleged that not only were they paid less than men, they were also overlooked for promotions and raises that were handed over to men less-qualified. One plaintiff was reportedly told that a certain position she sought was “a guy’s job.”

However, the SCOTUS reversed itself on the class certification issue in 2011, finding that while all the women shared the same cause of action predicated on gender discrimination claims, there was no common practice, policy or set of facts applicable to all plaintiffs. There was simply too much variation from case-to-case. Therefore, cases would have to be filed either individually or in smaller groups. Continue Reading ›

Female nurses at a home health care company in Wyoming will receive $50,000 as part of a settlement reached in an equal pay discrimination lawsuit. The nurses alleged a male nurse at the facility with less experience was paid more than female nurses with more experience.gender discrimination

The U.S. Equal Employment Opportunity Commission, responsible for enforcing workplace anti-discrimination laws, cited violations of both Title VII’s prohibition against discriminatory pay and the Equal Pay Act as basis for the lawsuit. As our Orange County gender discrimination lawyers can explain, both of these federal laws outlaw pay discrimination on the basis of sex. What’s more in this case, the company reportedly failed to take any corrective action even after receiving complaints from BOTH the female nurses AND the male counterpart who was paid more.

The home health care company, franchise of a national firm, is now closed, according to The Casper Star Tribune. Although this happened out-of-state, the federal laws at issue apply just as much here in California, and this problem is by no means limited to healthcare workers in Wyoming – even though it’s been 55 years since the Equal Pay Gap was passed. Continue Reading ›

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 ›

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