Orange County Employment Lawyers Blog

Addressing Intersectional Discrimination in California Employment Lawsuits

December 21, 2022 | by Nassiri Law

Discrimination against employees on the basis of race or gender is illegal under both California and federal law. And yet, the U.S. Equal Employment Opportunity Commission (EEOC) reports those are two of the top three most common types of employment discrimination claims filed. Racial discrimination on-the-job accounts for about 33 percent of all employment lawsuits, while gender discrimination accounts for 32 percent of claims.

As our Los Angeles employment attorneys can explain, where workplace discrimination exists, it’s fairly common for there to be more than one protected status on which it’s based. When different types of unfair treatment at work overlap each other, it’s referred to as intersectional discrimination. It’s common because discrimination is rarely about a single person, but rather an entire workplace culture that clings to the familiar and eschews any type of “otherness” – actual or perceived.

A recent example of intersectional discrimination at work was laid out in a federal employment lawsuit against a Los Angeles food company.

Do Employer-Mandated AA Meetings Violate Employee Religious Rights?

December 18, 2022 | by Nassiri Law

Both California and federal statutes protect employees and job applicants from religious discrimination. Employers are expected to provide reasonable accommodations for the religious beliefs and related practices of workers, unless doing so would impose an undue hardship.

This may seem pretty straightforward, but as one recent case revealed, religious discrimination can take many different forms. In a federal employment discrimination lawsuit out of New York, an Buddhist airline pilot and recovering alcoholic sued his employer over medical clearance stipulation that required regular attendance at AA meetings.

AA stands for Alcoholics Anonymous, and it’s a widely-known 12-step alcohol addiction recovery process that’s been around for 80+ years. Those familiar with the tenets of AA will recall that one of those 12 steps involves faith in a higher power. Specifically, it involves the “belief that a higher power greater than ourselves can restore us to sanity.” According to alcoholicsanonymous.com, while a significant part of the AA model draws from belief in a higher power, which higher power is not actually defined. Members are encouraged to “define a higher power based on their own personal understanding of the concept.” But as the plaintiff argued in this case, there’s little denying that the entire AA program has strong Christian overtones.

As our Los Angeles employment discrimination attorneys can explain, this aspect of the program can be problematic if/when employers mandate participation in the program as a condition of employment. Continue Reading ›

California Job Seekers With Disabilities Should Know Their Workplace Legal Rights

December 12, 2022 | by Nassiri Law

As of last year, about 19 percent of people in the U.S. with a disability were employed – a notable increase from just a few years ago, according to the U.S. Bureau of labor Statistics. That’s a notable increase from just a few years ago, though companies in California and throughout the country still have a ways to go when it comes cultivating inclusive workforces.

For job applicants with disabilities, knowing the basic foundations of your rights is important. The ability to clearly identify unfair treatment in the workplace is important, as is knowing what recourse may be available and who you can turn to for help.

Our Los Angeles disability discrimination lawyers recognize that most disability discrimination claims are going to be rooted in The California Fair Employment and Housing Act (FEHA), the Unruh Civil Rights Act, the Disabled Persons Act, and the federal Americans With Disabilities Act (ADA).

FEHA applies to California employers with 5+ employees, and prohibits disability discrimination of job applicants and/or employees. The Unruh Civil Rights Act, California Civil Code Section 51, provides protection from discrimination against all business establishments in the state on the basis of disability (among other things). The ADA prohibits discrimination on the basis of disability in employment, and applies to all government employers and any workplace with 15+ employees.

Understanding Disability Discrimination and Employee Rights

Our state-level provide greater anti-discrimination protections for workers with disabilities compared to federal law. Continue Reading ›

California Pay Discrimination Claims Insight

December 5, 2022 | by Nassiri Law

Federal and state laws prohibit California pay discrimination, which is a workplace disparity in pay based on an employee’s gender, race, color, religion, age, disability, and national origin. Plaintiffs in California pay discrimination lawsuits do not need to prove there was discriminatory intent. In other words, it doesn’t matter if the employer didn’t mean to be discriminatory; the impact is what matters.

Pay discrimination claims in California are primarily based on one of a few laws:

The California Equal Pay Act, Labor Code section 1197.5. This state law has been in place for decades, and aims to ensure equal pay regardless of race or gender. In 2016, lawmakers expanded these protections to workers who do “substantially similar work.” It also eliminated the requirement that comparative workers be operating in the same establishment. The law also explicitly states retaliation against employees who seek enforcement of the law is illegal, as is punishing workers for discussing or asking about co-workers’ wages.
The Equal Pay Act of 1963. This federal statute requires employers to compensate men and women equally for doing the same work at the same workplace.
The California Fair Employment and Housing Act. FEHA prohibits discrimination of applicants and employees of companies with 5 or more employees. Pay discrepancies based on gender in violation of FEHA.

As our Los Angeles employment lawyers can explain, these statutes cover all forms of pay, including salary, overtime, bonuses, vacation/sick leave, insurance, and other benefits.

California Equal Pay Lawsuits Underscore Persistent Problems

The fight for equal pay isn’t a new one, but companies continue to violate the law. The tech industry has become quite notorious for persistent equal pay problems. In a survey conducted by Bloomberg last year, male employees received higher pay than 59 percent of women for the same work. The average disparity in pay was about 3 percent. That can amount to thousands of dollars per year for every employee. Continue Reading ›

New California Wage & Working Conditions Law Draws Big Business Ire

November 28, 2022 | by Nassiri Law

A novel California law that empowers an unelected council to set both wages and working conditions at fast food restaurants is facing fierce opposition from wealthy business and restaurant lobbyists. State labor unions want to protect the law, which they say is the most significant win for organized labor in decades.

The blowback is primarily coming from national business groups – including the U.S. Chamber of Commerce – which are seeking not only to see the law overturned in California, but to block similar movements in other states.

As our Los Angeles employment lawyers can explain, California has positioned itself as a leader in labor rights, particularly over the last few years. Lawmakers here have enacted one worker protection measure after another, and other state union and worker lobbyists have been closely watching these developments, analyzing which may work in their own regions. Political analysts are predicting these measures could soon take root in other states, particularly those majority-controlled by Democrats.

Per the U.S. Department of Labor explains that fast food workers are entitled to:

Minimum wage.
Overtime protections under the FLSA.
Food credits (employers can take credit for food provided at cost, but cannot take credit for discounts given to employees on food menu prices).
Special protections if they are minors. Those ages 14-15 can’t work more than 3 hours in a day or 18 hours in a school week. They can’t start work before 7 a.m. or clock out after 7 p.m. They are limited in the types of jobs they can do. Those who are 16 or 17 cannot perform hazardous jobs (primarily in fast food involves meat processing machines, commercial mixers, power-driven bakery machines, but also includes assignments for time-sensitive deliveries). ‘

California’s new law takes these benefits a step further.

Sweeping Protections for California Fast Food Workers

Historically, employees in the fast food industry have been sorely lacking in workplace protections. One recent Harvard study found that California fast food industry workers are on average paid $3 less per hour than workers in similar sector jobs in the state. Further, because of the somewhat unpredictable nature of the industry, many workers involuntarily get part-time schedules.

The Fast Food Accountability and Standards Recovery Act (also known as the FAST Recovery Act), was signed by California Governor Gavin Newsom on Labor Day. Sponsors of the law say the goal is to set certain baseline standards for the treatment of fast food workers – about 500,000 in this state alone, many of them women and people of color. These include certain health and safety rules, minimum wage regulations, and enforcement of employer violations. Continue Reading ›

California Pregnancy Discrimination: What to Expect (At Work) When You’re Expecting

November 20, 2022 | by Nassiri Law

Discrimination of pregnant workers is unlawful in California workplaces – an important protection given that women make up half the workforce and 85 percent of working women will become mothers at some point in their careers. And yet, research shows that over the last decade, there have been more than 50,000 pregnancy discrimination claims filed with the U.S. Equal Employment Opportunity Commission. That excludes strictly state-level claims as well as instances that occurred but were never reported.

Recent analysis of national census figures reveal women in the United States work longer during pregnancy and return to work much sooner post-childbirth than ever before. Yet employers too often fail to follow the law, which is to provide reasonable accommodations for women temporarily impaired by a pregnancy- or childbirth-related condition – just as they would any other employee with a disability.

As our Los Angeles employment lawyers can explain, the Pregnancy Discrimination Act of 1978, which amends Title VII of the Civil Rights Act of 1964, prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions. It is applicable to individuals (employees and applicants) who are disparately treated in a way that’s unfavorable in any aspect of employment. That can include hiring, termination, salary, tasks and assignments, promotions and benefits, training opportunities, promotions, and other conditions or terms of employment.

What Does Pregnancy Discrimination Look Like?

Even knowing there are laws in place to protect pregnant workers, it’s not always easy to recognize when you’re the one being impacted.

Some examples of California pregnancy discrimination: Continue Reading ›

Employee Disability Discrimination Alleged By Workers Pressed to Return to In-Office

November 17, 2022 | by Nassiri Law

The COVID-19 pandemic spurred many employers to adapt by allowing work-from-home arrangements. Now, with the risk of COVID having largely receded with the availability of vaccines, companies have been pressing staffers to return to in-person work. However, some workers have alleged the roll-out of these return-to-office plans has resulted in employment discrimination.

One such high-profile incident recently garnered a lot of headlines. Twitter Inc.’s controversial new CEO Elon Musk as reportedly notified employees (those remaining following a mass layoff) that they should steel themselves to return to in-person work – and long hours at highly intensive paces.

In response, a new class action employment lawsuit alleges this push is discriminatory against employees with disabilities. A former engineer who kickstarted the case says he was fired shortly after informing his boss of his desire to continue working from home because he’s immunocompromised (a cancer survivor) and more vulnerable to contagious illness.

Musk’s demand for in-office work wasn’t a complete shock; He’d made his plans known shortly after buying the tech firm. Exceptions, he said, would be extremely rare.

The federal employment lawsuit asserts that work-from-home is a reasonable accommodation for disabled employees who can carry out essential job duties off-site. What’s more, demands for workers to put in long hours at an all-out pace is an unreasonable expectation for disabled workers. Continue Reading ›

Show Me The Money: California’s Pay Transparency Employment Law Takes Effect in 2023

November 10, 2022 | by Nassiri Law

California Senate Bill 1162, recently signed by Gov. Gavin Newsom, is a broad pay transparency law that requires employers to include pay ranges in all job ads as of Jan. 1, 2023 – a measure that is intended to close the pay gap and prevent unlawful employment discrimination.

Pay transparency employment law is a catching trend. In addition to California, other states like Nevada, Colorado, Washington, Connecticut, Maryland, and Rhode Island do as well. New York passed a similar measure too, but it’s awaiting the governor’s signature (though New York City has its own pay transparency law).

As our Los Angeles employment lawyers can explain, publication of pay for various jobs is supposed to reduce or eliminate discrepancies in pay. It’s effective in this because it brings to light information that employers have historically wished to keep under wraps. (If you encourage employees to stay hush-hush about their salaries because it’s “impolite” or “against company policy” or a “company trade secret,” there’s less chance of them learning if some groups are being unfairly discriminated against in their pay.) It can help employee plaintiffs more easily make their case when pay disparities are clearly spelled out in black-and-white. And by posting the salary upfront in job ads, employers may be less likely to engage in discrimination by low-balling a prospective employee in starting pay on the basis of their protected status (be that race, religion, gender identity, national origin, disability, sexual orientation, age, etc.).

It is against existing law for companies to communicate with other employees about wages – per the National Labor Relations Act and California Labor Code Sections 232(a) and (b). Continue Reading ›

California Layoffs Without Notice Can Lead to Legal Trouble

November 7, 2022 | by Nassiri Law

Social media giant Twitter is facing legal action over allegedly laying off more than 950 workers without providing proper notice, as required under the federal and California WARN Act. WARN stands for Worker Adjustment and Retraining Notification Act.

Per the California Department of Industrial Relations, relocations, terminations, and mass layoffs in this state are regulated in Labor Code sections 1400-1408. Generally speaking, most large employers aren’t allowed to order mass layoffs, relocations, or terminations unless the employer provides written notice to employees 60 days prior to the order taking effect. Employers are also required to notify the state’s Employment Development Department. As our Los Angeles employment lawyers can explain, failure to do this can trigger recompense for ex-employees for back pay, the value of any benefits workers may have been entitled to during that time. Companies can obtain an exemption from the law if certain conditions under Labor Code section 1402.5 are met, but that doesn’t appear to have been the case here with Twitter.

Musk’s Rocky Start at Twitter Helm

As it’s been widely-reported, Twitter was recently purchased by Tesla CEO Elon Musk. The acquisition deal had been in the works for months, but was finally sealed Oct. 28th for a $44 billion price tag. At the time, he promised to keep employee benefits and compensation the same.

News soon began to spread that Twitter would begin mass layoffs the first week of November. In an effort to eliminate costs, Twitter axed 50 percent of its workforce, reducing staff by 3,700 positions.

The complaint, filed in the U.S. District Court in the Northern District of California, alleges the company initiated layoffs starting Nov. 1st, with several employees saying they were in the first wave of mass layoffs, despite not receiving proper written notice in accordance with state and federal employment law.

Of note: It’s not the first time Musk has been accused of violating WARN laws. Continue Reading ›

California Age Discrimination Increasingly Prevalent

October 28, 2022 | by Nassiri Law

Age discrimination against workers is nothing new. It’s not unique to California or even to America. Unfair treatment of older workers is a common thread in many societies, with ageism becoming more prevalent in economies that are advancing even as their workforce ages.It’s estimated that by 2030, one quarter of the world’s workforce will be over 55.

We’re likely to see a growing number of California age discrimination lawsuits as two of the largest generations – Baby Boomers and Millennials – cross the over-40 threshold. (Baby boomers are currently between 58 and 67, while the Millennials can be as young as 26, but as old as 41.)

What is Age Discrimination?