Orange County Employment Lawyers Blog

Protections Against National Origin Discrimination Strengthened in California

May 27, 2018 | by Nassiri Law

California is once again leading the way in establishing protections for all people from discrimination and bias. This time, California Office of Administrative Law has expanded protections under the Fair Employment and Housing Act on the basis of national origin, including for those who are undocumented. Ancestry and national origin were already among statuses protected under the rules, but according to a National Law Review report, the new regulations clarify and broaden the meaning applied to these categories.

Previously, national origin could be defined as place of birth, national or geographic origin, or ethnicity, whether actual or perceived. For example, if someone could be mistaken as being a part of one nationality or ethnicity and is treated unfairly for that reason, their actual ancestry is irrelevant in determining whether discrimination occurred. The modifications delve even deeper into the realm of perception and how one judges another person based on their association with national origin. Continue Reading ›

Workers Say “Time’s Up” for Sexual Harassment

May 24, 2018 | by Nassiri Law

Time’s Up, an organization that has made a mission of creating a safe work environment for women of all kinds, is changing the landscape for sexual harassment lawsuits in the country. Thanks to generous donations from celebrities and regular citizens alike, the Time’s Up Legal Defense Fund has a pool flagged for subsidizing employee lawsuits. Recently the group backed 10 former and current McDonald’s employees who filed complaints against the company for sexual harassment, according to a Fortune article.

The 10 women worked for franchisees in seven states, and both the franchisee owners and parent company McDonald’s Corp. were named in the complaints, recently filed with the Equal Employment Opportunity Commission. Accusations include groping, indecent exposure, inappropriate comments, and sexual propositions. In addition, women alleged when they reported the incidents, they faced ridicule and sometimes retaliation afterward. Continue Reading ›

Supreme Court Takes Shot at Employee Class Action Lawsuits

May 21, 2018 | by Nassiri Law

In a 5-4 decision, the U.S. Supreme Court made it significantly harder for workers to join together to stand up against their employer. The highest court in the land determined it is permissible for employers to include language in hiring contracts banning employees from joining class-action lawsuits, according to an ABC News report. This disheartening revelation flies in the face of the 1935 National Labor Relations Act, which was drafted to protect employees’ rights to organize and take collective action to fight for their own interests.

The supporting justices seemed to favor instead the Federal Arbitration Act of 1925, which validates arbitration clauses, making it legal for employers to bind an employee’s right to sue their employer as a term of employment. This forces employees who have signed an arbitration agreement to address their grievances without filing a lawsuit. Instead, they would have to handle disputes individually through a third party arbitrator, often hired by the company whose actions are in question. Continue Reading ›

Skies are Not So Friendly for Flight Attendants

May 18, 2018 | by Nassiri Law

A recent survey from Association of Flight Attendants has revealed some disturbing statistics about sexual harassment in the field. According to the survey, 68 percent of respondents said they have experienced sexual harassment during their career. Even when isolated to just the past year, 35 percent reported verbal harassment and 20 percent physical harassment. This is a significant jump over a nationwide poll, which shows 38 percent of respondents experienced workplace harassment in their careers, according to an SF Gate report. The survey that addressed all women, released by Stop Street Harassment, Raliance, and Center on Gender Equity and Health, showed 81 percent of women have experienced sexual harassment in general, whether inside or outside the workplace.

This could explain why the number is much higher for flight attendants than other workers. In other work environments, workers are often interacting with other employees. There is more oversight and potential consequence for sexual harassment. Employees see each other every day, so there is no anonymity. If the company acts with integrity, there are strict rules and prevention strategies already in place. Even with all of those factors, a shocking number of people still face harassment. But on an airplane, attendants are interacting with strangers every day. They are in tight quarters and sometimes serving drinks to guests. Not to mention, flight attendants have long been sexualized in media and advertising, adding fuel to the fire of people who think they are entitled to harass others. Continue Reading ›

Former Chipotle Employee Awarded $8 Million in Wrongful Termination Lawsuit

May 15, 2018 | by Nassiri Law

After injuring her wrist on the job, being accused of theft, and having her employment terminated after 14 years, one former Chipotle employee finally has been vindicated. A jury awarded her nearly $8 million in damages as the result of a wrongful termination lawsuit plaintiff filed in Fresno County Superior Court after she was fired in 2015. Managers accused her of stealing $626 from the chain restaurant, and went so far as to tell her they had surveillance footage of the incident. When plaintiff denied the theft and demanded managers produce the video, they claimed it was deleted, expecting her to be satisfied with eye witness testimony of other employees who claimed to have seen the video, according to a report from The Fresno Bee.

This was unacceptable to plaintiff, and jury members agreed. Not only did they not believe plaintiff to be a thief, but determined she was a victim in the whole ordeal. Plaintiff alleged she was framed for the theft as retaliation for filing a worker’s compensation claim. Ortiz was fired while she was out on medical leave, weeks after the theft allegedly took place. She had filed a worker’s compensation claim shortly before the alleged incident, and continued to work to the best of her abilities until she could start her leave. At the same time, plaintiff alleged that supervisors were instructing her to downplay her injury to her doctors so she would not have to take medical leave, but she refused. Plaintiff argues this set up motivation to try to defame her. Fair Employment and Housing Act prohibits an employer from retaliating an employee from asserting their rights under the law, including for medical conditions.

Age Discrimination in the Workplace Hits Women the Hardest

May 14, 2018 | by Nassiri Law

As the #MeToo movement has proven, it’s tough being a woman in the workplace, particularly working in a male-dominated field. Even 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.

What the Dynamex Ruling Could Mean for Contract Workers

May 12, 2018 | by Nassiri Law

What started as two delivery drivers fighting for their employee status has blossomed into a landmark class-action lawsuit that could have a major ripple effect on employee classification in California and the gig economy in general. In the case of Dynamex Operations West, Inc. v. The Superior Court of Los Angeles County, et al, the California Supreme Court upheld the lower court’s decision that classified a class of delivery drivers as employees rather than independent contractors, as Dynamex had been classifying them. The ruling sets a new precedent for guidelines necessary to determine a workers’ classification that expands the definition of “employee” broader than current standards, according to National Law Review.

The ruling supersedes another made by the court in the case of S.G. Borello & Sons Inc. v. Department of Industrial Relations in 1989, which established a multi-faceted test based on how much control or autonomy an employee had in regards to the company. The new three-point standard, or the ABC standard, established by the ruling is a more commonly used method that simplifies the determining process, but also broadly increases how many workers would qualify as employees across the board. The first point (A) is in line with the previous precedent, in that it speaks specifically to workers functioning outside the control of the employer for the performance of the work; B) worker has other regular work outside the company in question; and C) that they work in an occupation, trade, or business that is independently established. Under these rules, the Supreme Court sided with the former opinion that these drivers should be classified as employees, with all the benefits that come with that. “Employee” has become defined as “all workers who would ordinarily be viewed as working in the hiring business,” according to the CA Supreme Court ruling.

Jury Awards Big Payout in Wrongful Termination Case

May 11, 2018 | by Nassiri Law

California Labor Law once again has demonstrated itself to be a protector of employees, as one former Allstate Insurance Co. employee can attest. A jury recently awarded the employee more than 18 million dollars in a wrongful termination lawsuit in San Diego Superior Court on allegations that Allstate did not have grounds to fire him in 2015.

The outcome here hinged largely on CA Labor Code, 432.7, which states no employer shall determine any condition of employment on “any record of arrest or detention that did not result in conviction.” That means if an employee is arrested, but the charges were dropped or the person was found not guilty, the employer cannot use it as cause to fire the employee.

That’s exactly what plaintiff claimed happened at Allstate, according to an article in San Diego Union Tribune. Plaintiff had been arrested on two charges of domestic violence and possession of marijuana paraphernalia. Two charges were dismissed shortly after. The third charge of domestic violence disorderly conduct was also dismissed six months after the others upon plaintiff’s completion of an anger management course. Continue Reading ›

Three Cheers for Wrongful Termination and Discrimination Lawsuits Against NFL

May 6, 2018 | by Nassiri Law

Two cheerleaders have filed lawsuits against the National Football League for what they say was wrongful termination, discrimination and harassment. One cheerleader for the New Orleans Saints was dismissed after she posted a bathing suit photo of herself online, and another for the Miami Dolphins left after she was allegedly harassed for publicly discussing her choice to remain abstinent until marriage.

What do they most hope to get out of the lawsuits? Change.

In a surprise turn of events, their attorney recently offered to drop the lawsuits in exchange for a $1 settlement and a face-to-face talk with NFL Commissioner Roger Goodell, according to an article from The Nation. They want a good faith conversation about how to set clear guidelines going forward that are fair to all employees. The two plaintiffs have very different stories that they allege concluded with the same result: discrimination and loss of their dream jobs. Continue Reading ›

Teen Worker Sexual Harassment Reports May Increase Amid #MeToo

May 3, 2018 | by Nassiri Law

The story of sexual harassment in the workplace has been around since the beginning of workplaces. Yet, this past year has seen an explosion of accusations, resignations, and renewed policies thanks to the #MeToo Movement. People, particularly women, who once felt too vulnerable to speak up against sexual misconduct have been emboldened. These new voices have exposed a tragic pattern in workplaces across the country, and in doing so have revealed possibly the most vulnerable group of all workers: teenagers.

A Wall Street Journal report recently uncovered the concerns many parents face sending their teenagers into the workplace as the season for summer jobs is upon us. The fact that so many people are talking about sexual harassment in the workplace, which has led to stricter policies and more accountability, could lend some protection to teenagers who are starting their first jobs. However, our experienced employment attorneys know change takes time, and the problem is far from being solved.