Orange County Employment Lawyers Blog

Report: More EEOC Workplace Discrimination Cases Closed Before Investigation

June 14, 2019 | by Nassiri Law

Most employment lawsuits based on federal discrimination laws must first go through the U.S. Equal Employment Opportunity Commission, better known as EEOC. With few exceptions, these cases involve the protected statuses as set forth in Title VII of the Civil Rights Act of 1964. The EEOC launches an investigation and then gives Notice of Right to Sue when the investigation is closed, which allows permission to file your federal or state employment discrimination lawsuit withing 90 days. You can request the right to sue sooner or, if you’re filing an age discrimination claim, you don’t have to wait.

The idea was to resolve some of these matters without litigation, but also in a way that ensured maximum public good when an employer was caught unfairly treating workers. The EEOC doesn’t pursue government sanctions in every case (increasingly less so), but oftentimes information gleaned from that investigation can be helpful to your personal claim.

But apparently, the EEOC isn’t even doing much of that. In fact, an investigative co-report by the Center for Public Integrity and Vox. The report indicated an increasing number of workplace discrimination cases are being closed before they are ever even investigated. Continue Reading ›

Can Women Face Workplace Discrimination for Being… Too Pretty?

June 10, 2019 | by Nassiri Law

It’s fairly well-accepted that pretty people have an edge – greater popularity, higher grades, more job opportunities, more positive reviews, higher salaries – they’re even punished less harshly by the criminal justice system for the same crimes as people generally deemed less attractive. Some could make a fair case that, despite the designation being broadly subjective, pretty is a privilege.

Yet, is it possible for people – women in particular – to face workplace discrimination because they are pretty? And is that something you could sue for?

Beauty Isn’t a Protected Class, But Female Is

The answer is that while there have been cases where female plaintiffs alleged their good looks gave them a distinct disadvantage at work. In fact, a new study recently published in the journal Sex Roles reveals attractive women may be wrongly perceived as untrustworthy and liars.

In what we label the “femme fatale” effect, we proposed and found support for the notion that attractive female employee may be unfairly judged by what researchers called the “femme fatal” stereotype of one who is beautiful but also manipulative. Rooted primarily in insecurity of the person who is prejudiced, it can have adverse impact on a woman’s career – within insult added to injury that few believe this is an actual detriment.

But whether that rises to the level of legal workplace discrimination is going to depend. Continue Reading ›

Top California Gaming Company Accused of Unequal Pay to Women

June 9, 2019 | by Nassiri Law

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

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 ›

Top Science Research Organization to Eject Members for Sexual Harassment

June 7, 2019 | by Nassiri Law

In what is considered a major shift in policy that could go a long way toward discouraging gender discrimination and sexual harassment in scientific fields, the National Academy of Sciences – for the first time – has said it will eject members for violations of its code of conduct – which includes both sexual assault and sexual harassment.

Riverside sexual harassment attorneys see this as a potentially pivotal shift, as the agency welcomes some of the world’s most prominent scientists. When they are elected to positions, it is for life, and the current stance is that they can only be asked to leave, but there is no authority that can force them to depart.

This new policy will change that. Combined with another announcement from the influential leader of the U.S. National Institutes of Health that he will no longer speak on scientific panels that do not include women, this could go a long way toward ending sexism and unchecked sexual harassment within the scientific community, which has a long history of being traditionally male. Continue Reading ›

Alleged Contractor Misclassification Could Cost Google – or Your Company – Millions

May 30, 2019 | by Nassiri Law

Tech giant Google is facing down the real possibility of a massive contractor misclassfication lawsuit that underscores just how pervasive this problem truly is.

Workers who are wrongful classified as contractors rather than employees are missing out on hundreds, thousands or even tens of thousands of dollars in wages and benefits, including overtime compensation, travel reimbursement, benefits like vacation time and sick leave and various kinds of insurance coverage. All the protections laid out in California’s wage and hour statutes – those only apply to employees. But of course – that’s exactly why it’s so pervasive, as it’s the company that classifies the workers – and many have long gotten away with it.

Google happens to be huge and high-profile, so the sheer volume of workers potentially involved is substantial. But Los Angeles employee misclassification lawyers know this problem is far from limited to large, international corporations. It’s true that industry giants like Microsoft, Lyft and Federal Express have had to pay huge compensation to misclassified workers over the years, but we’ve seen it too in mom-and-pop restaurants, manufacturing facilities, local car washes and retail operations.

If there is one good thing to come from the case, it’s that it will raise awareness of the issue. The Economic Policy Institute Estimates about one-fifth of all U.S. companies are currently misclassifying at least one worker. Continue Reading ›

Recognizing the Types of California Workplace Discrimination

May 29, 2019 | by Nassiri Law

Although many people have heard the phrase, “workplace discrimination,” not everyone recognizes exactly what it is – and what it is not. It goes beyond simply having a boss or colleagues who are unpleasant or mean.

Employment discrimination occurs when either a job applicants or employee is not treated fairly because of his or her disability, gender, age, religion, national origin, skin color/race. It can also involve retaliation against an employee who attempts to assert his or her rights under these laws.

Employer discrimination is illegal under laws such as Title VII of the Civil Rights Act of 1964 and the Age Discrimination and Employment Act of 1967 (ADEA), and it applies to any aspect of employment. That means it’s not just hiring and firing, but can apply to situations involving transfer/shift reassignment, disparate wages, demotion, promotion, benefits, reducing one’s hours or clipping one’s pay.

So for example, a company that systematically only offers white workers certain opportunities that lead to promotion, employees of color may have grounds to take action. Employers who consistently give younger workers the choice assignments, clients or travel opportunities may find themselves justly facing an age discrimination claim by an older employee. Continue Reading ›

California Sexual Harassment Reports Higher Than Average

May 27, 2019 | by Nassiri Law

In California, the incidence rate of sexual harassment is approximately 5 percent higher for women and 10 percent higher for men compared to the national average. Those at increased risk include:

Immigrants
Gay
Lesbian
Transgender

That’s according to The University of California San Diego School of Medicine’s Center for Gender Equity and Health and a non-profit dedicated to prevention of sexual assault.

The fact that California led the country on the #MeToo and #TimesUp movements makes the report findings somewhat surprising, except when you consider that we’re talking about reported cases. We live in a state where awareness has been prioritized, and that means an increasing number of workers know their rights – and are committed to fighting for them. Continue Reading ›

The Fight for LGBT Worker Rights: California and Beyond

May 23, 2019 | by Nassiri Law

Protection from workplace discrimination has expanded ten-fold in the last 70 year, reflective of our cultural progress within that time. Women, people of color, those of all faiths, ages and nationalities – are shielded under state and federal statutes from adverse employment action on these bases.

Yet even as this year marks the 50th anniversary of the Stonewall Riots, gay, lesbian, bisexual and transgender individuals still are entitled to the fewest employment protections under the law. California, at least, is known as one of if not the most LGBT-friendly states for workers whose sexuality or gender identity does not adhere to “traditional” norms.

The California Fair Housing and Employment Act expressly protects workers and applicants on the basis of sexual orientation, gender identity and gender expression. Federal law, unfortunately, does not, and many states don’t have the supplemental protections that California enjoys.

That doesn’t mean of course that workers still don’t face these challenges, but with an experienced LGBT employment discrimination attorney to help fight back, your odds of success are much more favorable. Continue Reading ›

Age Discrimination Attorney Analysis – The Damage of Lesser Damages

May 20, 2019 | by Nassiri Law

Age discrimination claims are among the most prevalent in the workforce. Yet the amount of money awarded to plaintiffs in these claims is, on the whole, less than one can expect for those involving religious or gender discrimination cases.

The effect as noted by age discrimination lawyers and elder advocacy experts is that not only are individuals deprived of justice, but these claims fail to serve as the deterrent the way lawmakers intended.

What Makes Workplace Age Discrimination Different?

A few different factors at play here: Continue Reading ›

Age Discrimination Of Older Workers Could Soon Be Easier to Prove

May 17, 2019 | by Nassiri Law

Although age discrimination is known to be extremely prevalent in California and throughout the country, it’s one of the harder cases to prove in employment litigation. It is one of the only protected classes listed under federal Title VII discrimination that doesn’t require the official EEOC sign-of to sue. (Claims can also be filed under the Age Discrimination in Employment Act.)

What really through a kink in the wrench of workers in these have to show that age was the employer’s prime motivation behind adverse employment action (hiring, firing, demotion, discipline, transfer, denial of benefits/perks, etc.). Because employer knew they only needed to come up with one other plausible, non-discriminatory reason for the action, the plaintiff would have difficulty making a case.

Now, a U.S. Senate Bill with bipartisan support would reverse that ruling, Gross v. FBL Financial Services, and make it so that workers wouldn’t have to prove discrimination based on age was the prevailing reason employer took the adverse action they did. Instead, they could prove discrimination based on age was one factor in the decision to fire, discipline, transfer, demote or not hire in the first place.