Orange County Employment Lawyers Blog

Sexual Harassment by Customer Results in $250k Damage Award to Costco Worker

January 19, 2017 | by Nassiri Law

There is a saying that is particularly pervasive in retail that, “The customer is always right.” But this is not true when the customer behaves in a manner that is threatening or hostile to store employees. This includes instances of sexual harassment.

Sexual harassment is a serious and pervasive problem in American workplaces. It also is not limited to interactions with co-worker or supervisors. Sexual harassment can occur in the context of other professional relationships, including those between customers and suppliers.

Further, sexual harassment in those situations does not need to consist of any outright demand for sex or sexual favors in exchange for business. It can take on a wide range of inappropriate behaviors or unwanted advances, including dirty jokes, repeated sexual innuendo or the use of offensive language. Although business owners may not be protected under sexual harassment laws, they do have the option to end the contract. Employees, however, are considered more vulnerable and they may be covered under sexual harassment laws. Continue Reading ›

Trump’s Labor Dept. Pick Previously Broke Wage-and-Hour Laws

January 18, 2017 | by Nassiri Law

Donald Trump will be officially sworn into office in just two days. On that very same day, Senate committees will either vote to approve his top cabinet nominees or vote to advance the appointment to the full Senate. Other nominees may be considered in the following days. One of those will be fast-food executive Andrew Puzder, who has been a vocal critic of increases in minimum wage and an opponent of rules that would make more workers eligible to receive overtime pay. Trump has nominated him to serve as Secretary of the Labor Department.

Puzder is the CEO of CKE restaurants, which is the parent company that oversees burger chains Carl’s Jr. and Hardee’s. He is a staunch supporter of lowering corporate taxes and taxes on the wealthy, as well as loosening regulations for businesses in the hopes of job creation. He also strongly opposes the Affordable Care Act.

Now for some, these all sound like good ideas. For others, the fear is they will collectively be disastrous for the average American worker. But no matter where you stand on the political aisle, it should be of some concern that Puzder, who will be in charge of enforcing the Department of Labor’s rules, was a violator of those rules not so very long ago. Continue Reading ›

California Employment Lawsuit: White Men Paid More for Same Work at Tech Firm

January 16, 2017 | by Nassiri Law

A California technology company is facing down claims of racial discrimination against employees, who are the subject of a lawsuit alleging white men were given preference over minorities with similar qualifications.

USA Today reports the U.S. Department of Labor is suing Oracle America, a technology systems company that is accused of paying its white, male workers more than others and discriminating against non-white applicants in the course of its hiring and recruiting efforts. The DOL asserted the company is barred from engaging in discriminatory practices, especially because it receives hundreds of millions of dollars as a contractor for the federal government.

The company vehemently denies the allegations, arguing they are wholly without merit and motivated by politics. The firm is responsible for manufacturing much of the hardware and software utilized by federal government agencies. Continue Reading ›

Report: Sexual Harassment, Rarely Reported, Knows No Occupational Bounds

January 15, 2017 | by Nassiri Law

In mid-2016, the U.S. Equal Employment Opportunity Commission’s sexual harassment task force released a report revealing some troubling findings:

One-third of complaints to EEOC during fiscal year 2015 included an allegation of workplace harassment, including on the basis of sex.
The EEOC recovered nearly $165 million that year from companies where workplace harassment persisted.
Much of the current training methods are ineffective at prevention, as they focus mostly on sidestepping legal liability for workplace harassment.

Sexual harassment in particular is a serious concern – and a pervasive one. Continue Reading ›

Black Employees are Suing CNN for Racial Discrimination

January 13, 2017 | by Nassiri Law

Current and former employees at CNN, based in Atlanta, are suing the company, as well as Turner Broadcasting and Time Warner, for alleged racial discrimination.

Employment attorneys are seeking class action status for the lawsuit, which they assert was spurred after several employees came forward after DeWayne Walker filed his employment lawsuit in January 2016. Those stories involved allegations of nepotism, abuse of power, discrimination, retaliation and revenge.

Walker was a CNN producer who sued the company last year for $50 million, alleging racial discrimination and later retaliation for his filing a complaint with the U.S. Equal Employment Opportunity Commission. He asserted that CNN refused to promote him for more than a dozen years because of his skin color. He says he was skipped many times over for promotions that instead went to white employees. Walker currently works at the company has an integrated marking manager. Continue Reading ›

Racial Discrimination Against Black Temp Workers Alleged

January 11, 2017 | by Nassiri Law

A major national job placement company is accused of discriminating against black workers in favor of Hispanic workers in factories, on assembly lines and in low-skilled positions. The claim was made in a federal class action lawsuit recently filed on behalf of numerous African American workers, who say companies favored Hispanic workers because it was believed they would be less likely to complain about poor working conditions and pay.

The lawsuit, filed in a federal court in Chicago, alleges a temporary employment agency called Personnel Staffing Group LLC and its clients used code words to conceal hiring decisions that were racially motivated and in violation of federal civil rights law. For example, they would refer to black hires as “guapos,” which is Spanish for , “pretty boys.” This was intended to mean they would not be open to doing “dirty work.” Meanwhile, they referred to Hispanic workers either as “feos,” which is Spanish for, “ugly ones,” or sometimes as, “bilinguals.”

Black workers say they were given just one assignment, sometimes over the course of several months, despite showing up every day. They would wait hours for an assignment that never came, watching as one-by-one, the Hispanic workers were called to various jobs. Some of the black workers say that when they were given an assignment, it was often for the most dangerous, undesirable posts. Plus, they were usually the only workers who received background checks, while their Hispanic counterparts did not. Continue Reading ›

Disability Discrimination Case Settled for $75K by Wal-Mart

January 8, 2017 | by Nassiri Law

Retail giant Wal-Mart has agreed to pay $75,000 to settle a disability discrimination lawsuit that was filed by the U.S. Equal Employment Opportunity Commission after the company allegedly broke federal discrimination laws in its treatment of a worker who had survived cancer.

According to the EEOC, the worker was employed at a store in Illinois. After successfully undergoing treatment for cancer, she suffered some limitations that required accommodation at work. However, the retail company is accused of not extending her those accommodations and further not addressing harassment against her. In order to continue working, plaintiff needed a modified schedule and a chair. Management worked out a modified schedule fora time, but later revoked it without stating why. The store also refused to provide a chair in plaintiff’s work area, explaining she would have to be responsible for hauling the chair over from the furniture department to the area where she worked – a task that was next to impossible given her physical limitations. On top of this, plaintiff endured cruel remarks from a co-worker who went unpunished after calling her names like, “chemo brain” and, “cripple.”

This kind of alleged conduct is a clear violation of the Americans with Disabilities Act, which strictly bars discrimination against workers based on their disability. Discrimination can include the denial of a reasonable workplace accommodation to the employee. It can also mean subjecting them to a work environment that is hostile. Continue Reading ›

Woman Fights for Workplace Pregnancy Accommodations

January 5, 2017 | by Nassiri Law

A woman in Tennessee is fighting for workplace pregnancy accommodations for workers who may need temporary modifications, transfers or reassignments based on medical restrictions.

Plaintiff had been working for a local grocer for two years when, in the fifth month of her first pregnancy, she started to suffer sharp pains in her abdomen. As it turned out, the baby had dropped into her cervix. She was at risk of preterm labor, which could have serious and devastating consequences for her unborn child. Her doctor gave her a note to give to her employer, with instructions that she avoid heavy lifting. For two weeks, her employer acquiesced, allowing her to avoid carrying boxes of chicken or other supplies in the deli area. But then suddenly, after a follow-up doctor’s visit, her manager informed her that allowing such lifting restrictions was against the store policy. The 24-year-old was sent home, reeling, fearful for how she would pay her bills with a baby on the way.

She has now filed a class action pregnancy discrimination lawsuit, seeking a change in the store’s policy, which she says violates the Pregnancy Discrimination Act. Both state and federal laws do protect pregnant workers, though sometimes the interpretation gets muddled. The Tennessee Human Rights Act & Disabilities Act prohibits housing discrimination on the basis of familial status, but in the scope of employment, most pregnancy discrimination claims are filed under gender discrimination provisions. At the federal level, the Pregnancy Discrimination Act of 1978 is an amendment to Title VII of the Civil Rights Act of 1964, and prohibits sex discrimination on the basis of pregnancy. This amendment prohibits discrimination on the basis of one’s sex – which can include pregnancy, childbirth or related conditions. Women who are affected by pregnancy, birth and related medical conditions are to be treated the same for all employment-related purposes – including those who may not be so affected but similar in their inability to work. Continue Reading ›

California Sexual Harassment Lawsuit Filed by Former Elementary School Worker

January 2, 2017 | by Nassiri Law

A former elementary school employee has filed a sexual harassment lawsuit against the school district and her former boss, alleging her superior subjected her and another paid intern to “severe and pervasive” mistreatment based on their gender. She alleges wrongful termination and retaliation.

According to The East Bay Times, the plaintiff worked at one of the district’s elementary schools in Contra Costa County. Her boss was the director of technology with the district. She alleges that he asked her numerous times whether she was “satisfied” by her husband. He routinely commented on her appearance, making sexual comments. He also on occasion forcefully thrust his body up against hers and kissed her on the lips without consent. Plaintiff decided she had to report these incidents to human resources when she heard that a paid intern was enduring similar incidents of sexual harassment.

But when defendant supervisor learned of plaintiff’s intention, he reportedly asked to meet with her privately and at that time told her if she pressed forward with her complaint, it would “change a lot of things.” He assured a poor outcome could be avoided if she would avoid making a report. Plaintiff decided to go forward with her complaint anyway. A human resources officer concluded the allegations had merit, and the supervisor was subsequently placed on leave. But he wasn’t fired. He simply took another position as a technology coordinator for a nearby school district. However, plaintiff didn’t get such a sweet deal. Continue Reading ›

Trucker Wage Lawsuit Results in $54 Million in Damages

December 29, 2016 | by Nassiri Law

For denying fair wages to hundreds of truck drivers in California, retail giant Wal-Mart will have fork over $54 million in damages. The company may also face additional penalties from the state for violating California labor laws.

A federal jury decided a class action lawsuit recently in favor of hundreds of drivers who worked for the company between October 2005 and October 2015. They had been seeking $72 million in damages, so this verdict fell somewhat short, but legal experts agree was a plaintiff victory nonetheless. Additional penalties and damages could push the total amount owed by the firm well past the $150 million mark. The amount of those civil penalties will be determined by a judge.

The seven jurors ruled the company did not properly pay wages to its drivers in adherence to state law for certain activities, including washing and inspecting their trucks and during layovers. Most of the damages claimed by the workers were for the time spent during layovers. Continue Reading ›