Orange County Employment Lawyers Blog

Abercrombie Workers Win Wage Settlement

February 13, 2018 | by Nassiri Law

According to a report last year by CareerBuilder, research conducted on behalf of the site shows 78 percent of American workers live paycheck-to-paycheck. The number breaks down further: 38 percent responded they sometimes live paycheck-to-paycheck, 17 percent said usually and 23 percent answered always. The overall percentage goes up for women (81 percent).

CareerBuilder’s chief human resources officer described these employee financial struggles as a problem for employers, citing that stressed out workers are less focused and less productive. Still, while a happy workforce can help financial standing long term, many employers can’t help but focus on immediate gains made by keeping wages as low as possible. Others may go as far as to dig into those already low wages even further to pad out their bottom line by making employees cover expenses related to the job.

This is what about 250,000 former and current employees of Abercrombie & Fitch, Hollister, and other affiliated stores are claiming happened to them, as far back as 2009, according to a report from The Columbus Dispatch. Workers alleged they were forced to buy and wear clothing from their stores on the job, though the company denies these claims. Continue Reading ›

Race Discrimination Accusations Hit Connecticut Agency

February 11, 2018 | by Nassiri Law

When employees work in helping professions, they generally expect their supervisors and co-workers to share values of compassion and empathy. Unfortunately, racial discrimination, harassment and bullying can rear their ugly heads nearly anywhere, even among people who do good for a living. These in turn give rise to employment lawsuits.

The Department of Mental Health and Addiction Services in Connecticut is currently grappling with a flood of such accusations among its staff. Recently, 40 employees came forward to share their stories during a forum, hosted by members of the Commission on Human Rights and Opportunities. After hearing a myriad of accounts of targeted attacks against staff members, State Sen. Len Suzio (R-Meriden) called for the state to open a formal investigation into reported systemic discrimination practices, according to an article from Record-Journal. Most of the accusations detailed instances of discrimination based on color, race, ancestry and national origin.

Title VII of the Civil Rights Act of 1964 explicitly forbids discrimination of employees based on “race, color, religion, sex, and national origin.” U.S. Equal Employment Opportunity Commission defines one aspect of race discrimination as treating someone unfavorably because he/she is of a certain race or because of personal characteristics associated with that race. This applies to all steps in the employment cycle, including the hiring process, training, promotions, and dismissals. Continue Reading ›

Looking at Sexual Harassment Policies of State Legislatures

February 10, 2018 | by Nassiri Law

In the wake of the influx of employees coming forward in the past year to report workplace sexual harassment, the rally cry of “me too” has evolved into a steady hum of “what now?” Many citizens look to lawmakers to fortify harassment laws and create harsher punishments. However, those legislative bodies meant to govern are finding they have their own house cleaning to tend to.

A closer look at each of the nation’s state legislatures by the Associated Press showed nearly all had at least a minimal sexual harassment policy in writing. However, many state bodies may see big changes to policies in 2018 as the various chambers go beyond the minimum and dig deeper into establishing punishments and setting up prevention strategies. According to the U.S. Equal Employment Opportunity Commission, sexual harassment is a violation of Title VII of the Civil Rights Act of 1964 because it is considered a form of sex discrimination. This act applies to the conduct of state and local governments. Continue Reading ›

State of Washington Looks to Reinforce Workplace Harassment Laws

February 5, 2018 | by Nassiri Law

The events of 2017 surrounding Hollywood producer Harvey Weinstein and the many sexual assault and harassment allegations against him are continuing to cause a ripple effect far beyond his region and industry. From people opening up a national dialogue with the #metoo movement to businesses fortifying their sexual harassment policies and training to investigations and stronger laws against predators, this past year has truly been an awakening to the pervasive inappropriate and dangerous behaviors in the workplace and the general public.

The state of Washington is among those examining proposals in response to these revelations that would bolster workplace protections in regards to sexual harassment and bullying and empower victims to come forward.

According to a report from WNPA Olympia News Bureau, among the bills under consideration by the Washington State Legislature is SB 5996, which would dismantle the practice of employers using non-disclosure agreements to restrict the abilities of employees to report misconduct in the work place. The bill outlines that such an agreement would not hold up as a protection in court for accused employers. Continue Reading ›

State Senate Sexual Harassment and Retaliation Accusations Move Forward

January 31, 2018 | by Nassiri Law

The explosion of the #Metoo movement has rocked the country, advancing the fight against sexual harassment farther forward than ever before. This has, of course, led to an influx of workplace sexual harassment lawsuits. But it also has caused ripple effects, including lawsuits for retaliation in the workplace, born from reporting of harassment to superiors unwilling to address issues.

Californians have been following one such case in our own State Senate. Several staffers of Sen. Tony Mendoza (D-Artesia) have been in the news recently after allegations surfaced of sexual harassment by the senator, with the former aides alleging they were fired for reporting the harassment.

Amidst investigations being conducted by an outside law firm, one of the former aides is taking formal steps by filing a discrimination complaint with the Department of Fair Employment and Housing against the California Senate, Mendoza, and two legislative officials. The complain alleges that she was retaliated against for coming forward with harassment allegations.

The filing of such a complaint would be a necessary first step in California should the former staffer decide to file a lawsuit. Whether a lawsuit will be filed in not yet decided, according to a report from The Sacramento Bee. Continue Reading ›

Whistleblower Rights Protected in Idaho Case

January 29, 2018 | by Nassiri Law

When whistleblowers come forward to expose wrongdoing within a company, it is important that there be protections for those reporting the misdeeds. Too often whistleblowers face retaliation, including harassment at work, threats, or wrongful termination.

Even more extreme, sometimes laws are put in place that punish whistleblowers rather than the companies accused of wrongdoing.

Such is the case in Idaho where the U.S. 9th District Court of Appeals struck down part of a law meant to prevent undercover investigations in livestock and meatpacking plants. The court determined that the law, known more commonly as the “ag gag” law, violated the right to free speech under the First Amendment by too broadly restricting the ability to record and report issues within the industry, according to a report from The Associated Press. Continue Reading ›

9th Circuit Court Investigates Policies After Sexual Harassment Claims

January 27, 2018 | by Nassiri Law

Sexual harassment claims across the country are shedding light on institutionalized sexism that has permeated our workplaces in nearly every industry. From Hollywood sets to corporate offices to government buildings, women are coming forward to put a stop to harassment. Even respected, high-profile leaders are coming under scrutiny as accusations surface regarding what happens behind closed doors.

One such case has paved the way for the U.S. 9th Circuit Court of Appeals to create a committee, consisting of an employment lawyer and four judges, that will review workplace conditions and recommend any necessary changes to better protect workers.

While never cited directly as the reason for the committee, its creation came on the heels of numerous sexual misconduct allegations against 9th Circuit Judge Alex Kozinski. The committee was formed Dec. 17, 2017, and Kozinski retired the next day, according to a report from the Los Angeles Times. Continue Reading ›

Model Behavior: Condé Nast Drafts Sexual Harassment Protections

January 24, 2018 | by Nassiri Law

Sexual harassment comes in many forms and happens to people across socio-economic spectrums. However, it has been the recent rash of reports among celebrities and public figures that has really brought sexual harassment awareness into the mainstream. The modeling industry, in particular, has had a reputation for turning a blind eye on sexual harassment in the past that could be changing for the better as a result of this movement.

Condé Nast, publisher of such famous magazines as Glamour, Vogue, Vanity Fair, GQ, and Allure, has been working on a new code of conduct since October 2017 with plans to implement early this year, according to a New York Times report.

The code of conduct aims to make photo shoots safer for models and staffers, attempting to curb sexual harassment before it begins. Continue Reading ›

Poll: African-Americans, Women in IT Top Targets of Workplace Sexual Harassment

January 21, 2018 | by Nassiri Law

Workplace sexual harassment has always been a problem. But it’s just recently that we are fully learning how pervasive harassment is. We’ve all heard the anecdotes on social media and in the news. But the data paints an even clearer picture of a problem that is out of control across all walks of life.

A recent report from Comparably explores not only the scope of harassment, but also gives us a clearer picture of demographics that are most vulnerable. Women in IT at tech companies and African-Americans topped their respective charts as key targets.

Comparably polled more than 22,000 employees over a cross section of all industries. The results showed more than a quarter (26 percent) of women report having been sexually harassed at work. In tech fields, that number goes up to 28 percent of women surveyed. Continue Reading ›

Former Disney Employee Sues for Discrimination

January 18, 2018 | by Nassiri Law

Our employment lawyers know how important it is for companies to have both strong anti-discrimination policies and enforcement of those policies. Not only are acts of discrimination against protected groups illegal, but they are also just plain bad business. Everyone wants to feel safe going to work, and no one wants to feel like they have to choose between their income and the values they hold sacred.

Disney is one company under scrutiny after a former employee of Walt Disney World in Florida filed a lawsuit (Sebti v. Walt Disney Parks and Resorts U.S. Inc.) in the U.S. District Court for the Middle District of Florida alleging he was discriminated against for his nationality.

The employee alleges he once found a noose made of duct tape in his office. He also allegedly was not allowed breaks for prayer during Ramadan. Plaintiff further says he was unfairly passed up for promotions and that the actions against him were a response to his Moroccan nationality. Continue Reading ›