Orange County Employment Lawyers Blog

Recent Age Discrimination Case Likely Bound for U.S. Supreme Court

February 2, 2017 | by Nassiri Law

Federal law prohibits age discrimination by employers. It protects people who are 40 and older from facing rejection from employment or the denial of certain employment-related benefits solely on the basis of their age.

But recently, a federal appeals court considered whether it’s ageism to discriminate against people over-50 compared with those who are between 40 and 50? It’s a question that hadn’t before been raised in the U.S. Court of Appeals for the Third Circuit until Karlo v. Pittsburgh Glass Works, LLC.

According to court records, the complaint centers on alleged violations of the Age Discrimination in Employment Act (ADEA). The workers who are named plaintiffs in the claim all worked for the defendant, which supplied materials to the auto industry. In 2008, when the industry started to tank, defendant engaged in numerous reductions in its workforce. The company ultimately fired about 100 salaried employees at some 40 locations/ divisions. The individual directors had a great deal of individual latitude in deciding who should stay and who should go. The company didn’t train directors in how to implement the reductions in force, and there were no written guidelines or policies. Plaintiffs in question were each let go and each was over the age of 50. Continue Reading ›

Male Officer: Female Boss Sexually Harassed Me

February 2, 2017 | by Nassiri Law

The U.S. Equal Employment Opportunity Commission reports that of the thousands of complaints of sexual harassment it receives every year, 17 percent are filed by men. Meanwhile, more than half of women in the workplace report enduring some form of sexual harassment. Although there is no denying that sexual harassment is unacceptable no matter the victim or offender’s gender, instances involving men are beginning to garner more media attention. Although men are less likely to endure sexual harassment, they sometimes have an even steeper uphill battle in getting their employer to take it seriously because certain stereotypes would suggest males welcome this kind of attention. The fact is, they do not and the law makes no distinction.

Recently, a county sheriff’s officer in Michigan filed a federal employment lawsuit alleging his female boss sexually harassed him and that his male supervisors laughed it off. In one case, an undersheriff told him to, “Take one for the team.” Instead, he took it to court.

Rather than suing his alleged harasser, though, he is taking on his employer for reportedly failing to act on his plea for help. According to court records, his boss reportedly taunted him for more than a year with comments that were sexually-charged an inappropriate. She advanced on him with unwanted behavior of a sexual nature. In one instance, he alleges she offered to give him oral sex. In another instance, she suggested to him getting his wife intoxicated and engaging them both in a sexual act. She also allegedly gave his work partners phony assignments so she would have opportunities to be alone with him. She also reportedly texted his personal cell phone and made it a point to drive by his home. Continue Reading ›

EEOC Updates Guidelines on National Origin Discrimination

January 31, 2017 | by Nassiri Law

National origin discrimination is not something that tends to get as much media play as, say, sexual harassment or disability discrimination. But in terms of employment law cases, it accounts for more than 1 in 10 of those filed with the U.S. Equal Employment Opportunity Commission (as of 2015). That figure is even higher in states like California (16.6 percent) where populations are more diverse. It comprises more than 18 percent of EEOC complaints generated in new Mexico.

The prohibition on national origin discrimination is spelled out in Title VII of the Civil Rights Act of 1964, a federal law applicable to all companies with 15 or more employees. It extends to all employees – and applicants – for jobs in the U.S.

National origin discrimination isn’t always obvious, but given its increasing pervasiveness, the EEOC updated its enforcement guidelines, which supersedes the previous compliance manual. These guidelines are meant to serve not only as a road map for the EEOC, but also as a clear warning to companies and a notice to workers of what is acceptable and what is not. Continue Reading ›

Gay Teacher Sues Over Firing From Catholic High School

January 30, 2017 | by Nassiri Law

A teacher who is gay has filed an employment lawsuit against his former employer, a Roman Catholic high school, which he alleges terminated his employment because he announced his wedding to another man.

The LGBT employment discrimination lawsuit alleges the Charlotte Catholic High School in North Carolina ran afoul of federal employment law in firing him from his substitute teaching position three years ago, following his revelation of his wedding to another man in a Facebook post. The statute doesn’t reference any state law, but it does come amid a bigger fight over a law in that state that limits protections for lesbian, gay, bisexual and transgender people.

According to the Associated Press, plaintiff taught full-time English and drama at the school for more than 10 years and even earned the “Teacher of the Year” title back in 2012. Afterward, he transitioned into a less demanding role as a regular substitute teacher, and usually worked more than 12 weeks in a year. Then, in the fall of 2014, he posted details of his upcoming wedding to another man. Several weeks later, seemingly without warning, he was informed by the school’s assistant principal that he was no longer welcome back to continue teaching. Continue Reading ›

Asbestos Clean-Up Workers Allege Unpaid Wages, Benefits

January 28, 2017 | by Nassiri Law

Workers hired to clean up asbestos are dealing with one of the most dangerous substances in the world. Asbestos exposure is known to cause latent diseases such as lung cancer, asbestosis and mesothelioma. These conditions can be aggressive and, in the case of mesothelioma, is terminal. The substance was used in so many building and construction materials in the last century, and its removal in renovation and demolition requires specially-trained crews who must be meticulous in their safety precautions.

Now, prosecutors are alleging that a group of these workers was denied proper wages and benefits. The case is emerging from the Boston, Mass. area, where many of the older buildings are riddled with these cancerous fibers. The region is going through a construction and renovation boom, and that means asbestos removal and demolition contractors are very busy right now. But the U.S. Justice Department asserts that is no excuse for cutting corners when it comes to workers’ wages.

Asbestos abatement jobs in the state totaled nearly 26,000 last year, which was a 65 percent uptick just over what it was five years ago. This boom will continue so long as renovations and demolitions of older structures continue. Continue Reading ›

Man With Autism Sues Restaurant for Disability Discrimination

January 27, 2017 | by Nassiri Law

A man with autism has filed a disability discrimination lawsuit against a fast-food restaurant chain and its parent company, alleging he was denied a job due to his disability.

The lawsuit, filed in Illinois where the incident occurred, alleges the 25-year-old had recently completed a work-study program at a different restaurant in late 2013. The manager who oversaw his duties reported he worked capably and diligently, but the employment ended when the work-study program had finished. At that point, plaintiff hired a job coach to help him find a full-time job. The following summer, both he and his job coach went to a Chick-Fil-A restaurant and requested an application for employment. At the time, the manager was not available.

Later, the job coach went back to the restaurant and talked to the manager. It was at that time she allegedly informed the job coach that the restaurant was, “Not interested in hiring people with disabilities,” adding that those with challenges such as what plaintiff faced “do not succeed” in their company atmosphere. Continue Reading ›

Pregnancy Discrimination Results in $65K Payout

January 25, 2017 | by Nassiri Law

A business in Hawaii has agreed to settle a pregnancy discrimination lawsuit filed by one of its former employees who alleged she was terminated from the company as a result of becoming pregnant.

The company agreed to pay $65,000 in a resolution announced by the state’s Civil Rights Commission, which as part of the agreement also required the company to develop and implement a non-discrimination policy, including a policy that would provide training to managers and supervisors. The commission declined to reveal the name of the business or the complainant. However, according to the Hawaii Herald-Tribune, the company discriminated against the woman after refusing to reinstate her back to her position after she was on a pregnancy-related disability leave. The company also allegedly refused her a reasonable accommodation for her pregnancy-related disability and then ultimately fired her.

Plaintiff alleges she was also subject to derogatory comments about her pregnancy and the inconvenience it would cause the firm, and these began immediately after she disclosed her condition to her supervisor. Her manager informed her there were not enough temporary employees available to cover her pregnancy-related leave. Continue Reading ›

Employer to Pay $300k to Settle Claims From Workers Fired for Refusal to Vaccinate

January 24, 2017 | by Nassiri Law

A Pennsylvania health care provider agreed to settle with six of its former employees who alleged they were fired because they were denied a religious exemption from the company’s policy that required mandatory vaccination. The company agreed to pay $300,000, which will cover back pay and damages to the half dozen workers.

The company required workers to receive a mandatory flu vaccine, starting in 2013. The policy spelled out that workers who declined to receive the vaccine, either due to medical reasons or for religious purposes, could opt to wear a face mask instead while interacting with patients throughout the season when flu is the most prevalent.

The Equal Employment Opportunity Commission (EEOC) filed an employment lawsuit on their behalf, asserting that for the 2013-2014 flu season, the workers in question asked for a religious exemption to the policy, and yet were denied their request. Meanwhile, the facility did grant 13 vaccination exemptions that were requested by others on the basis of medical issues. Continue Reading ›

Down Syndrome Discrimination Alleged Against Chain Retailer

January 22, 2017 | by Nassiri Law

The nation’s largest chain retailer is facing a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission on behalf of a former employee with Down syndrome, who had worked for the company for 15 years prior.

Of course, disability discrimination isn’t limited to those who have this diagnosis, but it is one of the more visible conditions. Most people can tell right away when someone has the condition, and it’s often used as a basis to deny employment or refuse advancement opportunities – even in cases where the individual is qualified for the essential functions of the job. In fact, employment discrimination of people with Down syndrome was common until fairly recently. Much of these discriminatory actions are based on misinformation and prejudice.

Down syndrome is a genetic chromosome 21 disorder that causes a wide range of developmental delays and disabilities. Those who have Down syndrome share a distinct facial appearance, and generally all have some level of intellectual disability and developmental delays. They may also suffer from thyroid or heart disease. But again, it is a range. Although some with Down syndrome suffer profound disabilities, others are more than capable to work and live independently. Companies that discriminate against these workers solely on the basis of their condition can face legal consequences, including a court order to pay both compensatory and punitive damages. Continue Reading ›

California Garment Industry Wage Theft Rampant, Say Officials

January 21, 2017 | by Nassiri Law

When we see a product that says, “Made in the USA,” we assume that means the workers who brought that product into being were treated and paid fairly. But unfortunately, as a recent study by the U.S. Department of Labor reveals, that is not necessarily true – especially if the product we’re talking about is clothing made in L.A.

The report notes that there are more than 40,000 people – mostly immigrant women – who work in clothing factors to the east and south of downtown Los Angeles. The U.S. Labor Department’s report indicates that many of those workers are paid far less than what they are legally entitled to receive. The government agency says long hours by workers typically don’t amount to overtime, as required by federal law for any worker who toils more than 40 hours weekly. Additionally, some worker are paid by the piece, which means they sometimes earn far less than even minimum wage. In some cases, factors, including TJ Maxx, Forever 21 and Ross, are paying worker as little as $3 an hour for their work.

The report indicated that 85 percent of the garment industry companies studied were in violation of federal record keeping and minimum wage laws. There were more than 660 investigations that involved some 5,160 workers over the course of three years. That amounted to an estimated $8.1 million in stolen wages. Continue Reading ›