Orange County Employment Lawyers Blog

L.A. Call Center Sued for Sexual Harassment

October 13, 2014 | by Nassiri Law

The U.S. Equal Employment Opportunity Commission will often be the first to intervene in the event of discrimination or another violation against an employee. In a recent case, the federal agency has filed a lawsuit against the Los Angeles call-center company for continued and pervasive sexual harassment as well as retaliation against those employees who voiced their complaints. The lawsuit against VXI Global Solutions was filed in federal court and seeks to stop behavior and compensate those employees who suffered from harassment.

Sexual harassment in the workplace may take different forms. In some cases, an employee may suffer from lewd comments or sexual advances from a superior. In other cases, an employee may have been approached with a “quid pro quo” offer for a career advancement or threats against a current position. Our Orange County employment law attorneys are dedicated to raising awareness to protect the rights of our clients. In addition to advocating for Southern California employees, we are also abreast of employment disputes throughout the state and nationwide.

According to CBS Local reports, the defendant company provides call services for Verizon, DirecTV and other communications companies. The complaint details egregious behavior against employees, many who were groped or shown pornographic images. Other employees endured sexually explicit comments about their bodies and innuendos from their superiors. According to a male employee, a female supervisor tried to give him a lap dance. The complaint, filed by the EEOC, alleges that the inappropriate and illegal behavior was known to management because of the open design of the office. The plaintiffs also assert that when they filed complaints they were disciplined and some were fired.

EEOC Files Lawsuit Over Mandatory Arbitration Clause

October 11, 2014 | by Nassiri Law

New hires are often required to sign contracts and some employers will include a mandatory arbitration clause in these agreements. A recent case highlights some of the legal issues that may come arise when an employee is forced to sign a contract with a mandatory arbitration clause. The Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against Doherty Enterprises, Inc., a company that owns and operates over 140 franchise restaurants in multiple states. According to the lawsuit, the company violated employee rights to file discrimination cases with the EEOC. The lawsuit, (EEOC v. Doherty Enterprises, Inc.) was filed in the U.S. District Court of Florida.

Under the employee contract, mandatory arbitration agreements were conditions of employment, requiring that any claims, including those involving discrimination or retaliation, be submitted and resolved through binding arbitration. In effect, the contract interfered and conflicted with employee rights to file discrimination charges, according to the EEOC lawsuit. Our Orange County employment law attorneys are dedicated to protecting the rights of our employee-clients throughout Southern California. We are also committed to raising awareness of the legal issues and complications that impact the rights of workers.

Employment related disputes may arise before an employee is hired, during the course of employment or after termination. Under Title VII of the Civil Rights Act of 1964, employers are prohibited from patterns or practices that conflict with the rights protected under the law. Section 707 also gives the EEOC the ability to seek immediate relief and does not require the same administrative processes as issues involving discrimination allegations.

CA Unpaid Interns Extended Protection Against Sexual Harassment

October 10, 2014 | by Nassiri Law

Unpaid internships have been increasingly under scrutiny for taking advantage of new college graduates and the unemployed. Though new regulations have been implemented to help protect young workers and to hold employers accountable, it appears that interns have more at stake that just not getting paid. Due to the legal arrangements between employers and unpaid interns, it was difficult for interns to take legal action in the event of discrimination or sexual harassment. Now California legislators have passed a law to extend protections against sexual harassment to unpaid interns. Governor Jerry Brown signed a bill that was introduced by Berkeley Assembly Member, Nancy Skinner to offer legal protections to unpaid interns and volunteers against sexual harassment in the workplace.

Under the new law, the 1964 Civil Rights Act will be extended to include those members of the workforce who are unpaid to prevent sexual harassment in California. The law is a step in the right direction to protect workers whose rights are undermined and mired by complicated legal definitions. Our Orange County employment law attorneys are dedicated to protecting the rights of interns and workers throughout the state of California. We are committed to staying abreast of changes in state and federal law and are prepared to take on legal action on behalf of employees.

Advocates in favor of the new sexual harassment prevention law say that it extends a basic civil right to all workers, including those who are offering their services in lieu of education or in the name of volunteerism. The California bill was introduced shortly after a federal district court in New York ruled that the Civil Rights Act does not apply to interns because they are not technically employees. The original case involved a Syracuse University student who was groped, kissed and harassed at her media company internship. The student also suffered retaliation after she refused the sexual advances of her superior.

EEOC Files First Transgender Discrimination Suits

October 6, 2014 | by Nassiri Law

Making legal history, the Equal Employment Opportunity Commission (EEOC) has filed two lawsuits against companies accused of transgender employee discrimination. The lawsuits were filed under the Civil Rights Act of 1964, offering protections against sexual discrimination. This is the first time the EEOC has taken action since federal law was extended to protect transgendered workers from discrimination by private employers. According to the L.A. Times, the employees suffered illegal discrimination by their employers based on their gender identity.

The federal government has only recently extended protection to transgendered employees from private employers. Under California law, transgendered employees can also take action against employers for discrimination. Our Orange County sexual discrimination attorneys are dedicated to raising awareness to prevent future instances of discrimination and to providing strategic advocacy to our clients. If you or someone you love has suffered discrimination based on gender identity, a sex change operation, or because of a transition from male to female, or female to male, you may have a legal cause of action against your employer.

According to a complaint filed against a funeral home in Detroit, the company is liable for a violation of the Civil Rights Act after it fired an embalmer who transitioned from being male to female. The employee had worked for the funeral home since October of 2007 before she told her superiors that she would undergo a sex change procedure. A couple weeks after the employee notified her employer of the sex change operation, her position was terminated. According to the complaint, the employee was illegally terminated for disclosing and suggesting the procedure, which the company found unacceptable. Both parties tried to reach a settlement prior to the lawsuit being filed in a Michigan federal court.

Oakland Raiders Settle Cheerleader Wage Theft Lawsuit

October 3, 2014 | by Nassiri Law

The NFL has been under scrutiny for failing to take action against players charged with violent offense, as well as additional wage and hour claims. According to the L.A. Times, the NFL settled a claim with Oakland Raiders cheerleaders for $1.25 million. The settlement is intended to cover back pay to as many as 90 former cheerleaders. The settlement is still awaiting approval from a judge. Cheerleaders who played on the team between 2010 and 2013 can recover $2,500 in back pay for the 2013 season and $6,000 for each of the other three seasons.

The lawsuit was filed against the Raiders in January, alleging that the NFL and team owners violated California labor laws by withholding salaries until the end of the season. This pay arrangement forced the cheerleaders to pay for their own employment related expenses and resulting in below minimum pay rates. The salary of $1,250 was equal to less than $5 per hour, according to the complaint. Our Orange Count wage and hour law attorneys represent employees throughout California who have suffered from an employment law violation. We represent employees in cases involving wage theft, discrimination, sexual harassment and contract disputes.

According to reports, the Raiders announced that cheerleaders would be paid the minimum wage for the 2014-2015 season. The team and the NFL also agreed to ensure that their practices were in line with California minimum wage laws. Rather than being paid at the end of the season, the Raiders have agreed to pay their cheerleaders on a bi-weekly basis. The cheerleaders will also make overtime when they are mandated to show up for celebrity appearances and other events that were once required without pay.

EEOC Files First Lawsuit Involving “Employer Wellness Programs”

October 1, 2014 | by Nassiri Law

Employers have a number of incentives to impose wellness programs. Some business owners and corporate boards argue that they can lower healthcare costs, boost morale, and improve productivity. Despite the benefits of these programs, employer wellness incentives have been criticized for imposing invasive healthcare tracking policies and charging employees extra when they don’t meet certain standards. Nearly half of large companies have wellness programs, but many are under scrutiny. According to Kaiser Health, the Equal Employment Opportunity Commission brought a lawsuit on behalf of an employee who was punished and fired for refusing to participate in a company wellness program.

The lawsuit filed in federal court was the first to challenge a wellness program under the Americans with Disabilities Act. While many Americans approve of programs that promote healthy behavior, most would also agree that it is inappropriate for companies to force those who do not participate to pay higher premiums. Our Orange County employment law and discrimination attorneys are dedicated to protecting the rights of employees throughout Southern California. We take on cases involving discrimination and retaliation and can effectively protect the rights of employees who have suffered disability discrimination or adverse consequences related to wellness program refusal.

Under the Affordable Care Act, employers can reward or penalize employees who don’t meet specific health goals, including weight loss or reducing high blood pressure. According to federal standards, the standards must also provide a reasonable, alternative standard that allow workers to qualify even if they don’t meet specific outcome. Employers have complained that this loophole makes programs subject to abuse and are unfair to those employees who do meet standards.

Wage Theft Rampant In Low-Pay Industries

September 30, 2014 | by Nassiri Law

In California and nationwide, workers who are already subjected to low wages must also be wary of wage theft, arising from failure to pay overtime and other labor law violations. In the most recent case involving wage theft, hundreds of thousands of warehouse workers stand to collect $21 million in a settlement with a national trucking company. Complaints from these workers are many and varied. Some worked overtime without receiving time and a half. Others worked 60 or 90 days straight without a day off. This case is one of many brought in California and nationwide that illustrate the widespread instances of wage theft in America.

Wage theft may occur in various forms including failure to pay overtime, denial of breaks, and failure to comply with state and federal wage laws. Unfortunately, low wage and immigrant workers are often the targets of these abuses. Fear of losing their jobs or getting deported also make it less likely that the abuses are reported. Our Orange County employment law attorneys are dedicated to protecting the rights of workers throughout Southern California. We understand the significant stress and losses faced by those who have suffered from wage theft. Our attorneys will take the time to review your case, identify the proper course of action, and fight aggressively to recover the compensation that you are due.

According to a recent report in the New York Times, state and federal officials have found that an increasing number of companies are violating wage laws than before. The agencies have had to pursue additional enforcement actions and found that many companies choose to flout wage laws simply because they are motivated by beating out their competitors for higher profits. Authorities say that wage theft is on the rise because of changes in the national business structure, including an increased dependence on subcontractors, temp agencies, freelancers and other classifications that allow employers to cut costs and wage payments.

Report: Rise in Workplace Discrimination Against Muslims

September 29, 2014 | by Nassiri Law

In the United States, many victims of discrimination have come from a wide range of nationalities, beliefs, and ethnic backgrounds. A post-9/11 America created a spike in disparate and discriminatory treatment towards the Muslim population, including racial profiling, hate crimes, and even discrimination in the workplace. According to a recent report published by the state offices of the Council on American-Islamic Relations (CAIR), there were 933 discrimination complaints filed in 2013, up from 824 in 2012. The leading form of discrimination was in the workplace, comprising of 15% of all complaints. Other allegations of discrimination included cases related to immigration and law enforcement. According to the report, many of the complaints were not actually filed by Muslims, but those who were thought to appear to be Muslims based on their skin color or dress.

Religious and racial discrimination in the workplace are illegal. Victims of discrimination should consult with an experienced advocate who can protect their rights. Whether you were denied a position, a promotion, or wrongfully terminated, an experienced attorneys should review the facts of your case and help you take action against a discriminatory employer. Our Los Angeles religious discrimination attorneys are experienced in handling discrimination cases on behalf of employees throughout Southern California. We will perform an immediate investigation, collect and preserve relevant evidence and help you achieve optimal results in your case.

There are many forms of employment discrimination that may arise involving religious affiliation. Under Title VII of the Civil Rights Act of 1964 and the California Fair Employment and Housing Act (FEHA), it is illegal for any employer to discriminate against an employee based on religion, race, sex, or national origin. Employers are also required to provide religious accommodations in the workplace. According to the report, employees have faced issues including hostility towards their Muslim beliefs, retaliation for complaining about discrimination, and wrongful termination.

CA Discrimination Watchdog Group Ends “English Only” Claims Policy

September 26, 2014 | by Nassiri Law

Non-English speaking Americans and immigrants may face a host of difficulties when seeking jobs, obtaining employment, or when filing complaints or claims related to discrimination. According to local reports, the California Department of Fair Employment and Housing has finally ended a policy that prohibited non-English speakers from filing claims. The prior policy has been blamed for chilling state-employee discrimination claims, leaving workers vulnerable and unable to seek recourse. The department director made an announcement earlier this month with other department consultants who are responsible for investigating discrimination in housing, disability, and in the workplace.

Two years ago, the department had implemented an English-only computer system that required any claimant (even those without English speaking abilities or without knowledge of discrimination law), to build their own case online and in English. The automated system produced a host of issues and challenges when sorting through allegations, making it more difficult and complicated for legitimate claims to succeed. Our Orange County employment discrimination attorneys are dedicated to investigating allegations of discrimination and helping employees recover the compensation they are entitled to.

The new program will still be paperless, however, claimants will have the option of working with a consultant. According to previous complaints, there wasn’t sufficient time to investigate claims and the system created disparities for non-English speakers. With budget cuts and a shrinking staff, the agency was required to find loopholes to manage the volume of claims. Unfortunately, the automated “Houdini” system cut corners that created significant hurdles for claimants. The system automated many functions that were time-intensive and quickly determined that some claims did not require action.

Transgender Discrimination Linked to Unemployment, Poverty

September 23, 2014 | by Nassiri Law

Sociological studies have often focused on which groups suffer most in America’s labor force as a result of demographics, education, and discrimination. Minorities and youth in today’s workforce have high unemployment rates — but nothing compared to that faced by the transgendered community. According to reports, inequalities and discrimination prevent transgendered workers from finding and keeping good jobs, maintaining benefits, and getting access to adequate health insurance. For members of the transgendered community who suffer from employment discrimination, the impact can be lasting, resulting in long-term unemployment and lost wages.

In the state of California, discrimination based on sexual identity is illegal. Victims of discrimination should take immediate action to protect their rights and recover compensation when available. Our Orange County employment attorneys are committed to protecting the rights of employees throughout Southern California. We understand the plight of the many individuals who suffer from employment discrimination and will review every case to determine whether an employer is in violation of state and federal labor laws. Our priority is to raise awareness to protect worker rights and to prevent future acts of discrimination.

Transgendered Americans have a more difficult time securing jobs and keeping them due to discrimination in hiring. Even after hiring, many individuals become targets of harassment and forced to endure a hostile work environment. Reporting of discrimination can also lead to retaliation and adverse employment action, including demotion or termination. If you believe you have suffered from discrimination in the workplace, an experienced attorney should review your case. While every case is unique and demands a review of specific facts, an advocate can apply the law to your case to determine if you have a legal cause of action.