Orange County Employment Lawyers Blog

2015 California Laws and Employee Protections

December 6, 2014 | by Nassiri Law

Every year, California businesses need to learn and adjust to new employment and labor laws and regulations. As the end of 2014 draws near, corporations and small-businesses alike will be shifting gears to implement new policies in accordance with California laws slated to go into effect in 2015. In addition to employers learning their new obligations, employees should consider their rights and take legal action in the event of a violation. Not surprisingly, the regulations cover a variety of issues including wage and hour law, discrimination, and leave of absences. The following is a brief summary of many of the laws that will take effect in 2015:

Expanded Coverage for Emergency Duty: Under current California law, employees are protected from discharge or discipline when they take time off to perform emergency volunteer service. The new law expands its definition from “emergency rescue personnel,” to include all individuals who perform services for government agencies.

Expanded Definition of Protected Individuals: Under the Fair Employment and Housing Act (FEHA), new law will cover employees as well as unpaid interns and volunteers, employees receiving public assistance, and driver’s licensed persons who are otherwise undocumented.

Age Discrimination Lawsuit Filed Against Zillow

December 3, 2014 | by Nassiri Law

Companies that are liable for one employment law violation are often liable for many. Failure to protect employee rights or illegal policies will often result in multiple lawsuits and class actions. In a recent sweep of litigation, Zillow has been sued for sexual harassment and age discrimination. In the most recent lawsuit, an employee filed a lawsuit alleging that employees engaged in illegal age discrimination. According to the complaint, the 41-year-old was targeted by a sales manager who asked if she was “too old to close.” He also joked that she should “try to keep up.”

Office cultures that promote discrimination or unequal treatment can create a hostile work environment. For victims of discrimination, this can mean ongoing and repetitive abuses. In this case, the complaint alleges that the plaintiff was a victim of a “pervasive culture of retaliation and harassment.” The lawsuit was filed by the same firm that represented other in employees in three other cases, including a sexual harassment case. Though the company has challenged the allegations, it also claims to be taking the case seriously and will initiate an internal investigation.

Many discrimination cases will also include allegations of retaliation, in the event that the employee suffered adverse employment action, including demotion, lost pay, or termination of employment. In the recent age discrimination case, the plaintiff has also filed a claim for wrongful termination. According to the complaint, the 41-year-old was fired after she took time off to recover from injuries she sustained in a car accident. Managers made her stand and perform regular sales calls duties, even though she requested to take breaks as a result of her injuries. After she took her complaints to the human resources department, she needed additional hospitalization to deal with the injuries that were exacerbated by ongoing work duties.

LinkedIn and the Rise of “Big Data” Discrimination Cases

December 1, 2014 | by Nassiri Law

The use of social networking websites, contact sharing, and data collection on the internet, unscrupulous companies should be aware of the potential liabilities that come with using big data. LinkedIn, the well-known professional social networking site, is facing a federal class action lawsuit for violating the Fair Credit Reporting Act (FCRA). According to the complaint, the company sold information about user’s employment history to potential employers without consent. This kind of information has the potential to be extremely damaging to employees, resulting in adverse employment action, including failure to hire, demotion, or termination of employment.

Under the FCRA, employers must follow strict guidelines about how they use employee credit, employment and insurance history. These protections are in place to ensure that employees are not wrongfully targeted or discriminated against during the application process. Employers must follow strict requirements related to consent to access data. They must also supply notices to applicants before they take any adverse action against an employee, including failure to hire, demotion, failure to promote, or termination of employment. Employees who lose opportunities as a result of their employment, credit, or other history must be given notice and the opportunity to contest the information provided by a reporting agency.

According to the lawsuit filed against LinkedIn, the company violated the FCRA by selling “profiles” on millions of users without verifying that the information would be used for legal purposes. There is some speculation that the case will turn on whether the company qualifies as a Consumer Reporting Agency and is held to the standards of the FCRA. Regardless, employees should be aware of the information that could be used against them, whether online and available to the public, or provided by third-party reporting agencies. Employers who use information illegally, including medical documents, credit card history, or credit reports, criminal records, as well as other personal information can be held liable.

EEOC: Testing Applicants for Carpel Tunnel is Illegal

November 30, 2014 | by Nassiri Law

With an increasing number of Americans making a living at their computers, carpal tunnel syndrome had been a rising diagnosis—as well as a concern for employers. In addition to workers’ compensation claims that have been tied to the repetitive stress disorder, employers have lost work time and productivity because of the condition. According to a recent lawsuit filing by the Equal Employment Opportunity Commission (EEOC), companies are prohibited from screening employees for carpal tunnel during the hiring process. The lawsuit was filed against a manufacturing company that allegedly used physical test and health histories to identify those who had a history of carpal tunnel syndrome.

According to the complaint, the company asked its applicants whether or not they had a history of carpal tunnel syndrome. In addition to inquiring, the company went so far as to conduct a nerve text, even though medical authorities do not support the use of these tests or medical records to determine whether an individual has or is susceptible to carpal tunnel syndrome. After conducting medical inquiries and subjecting applicants to testing, the company refused to hire the plaintiff and another fifty or more applicants because of a history of carpal tunnel or the alleged potential to develop it in the future.

The EEOC alleges that the testing and adverse employment action is a violation of the Americans with Disabilities Act (ADA) and filed a lawsuit against the manufacturing company. After failing to reach a pre-litigation settlement, the EEOC filed the suit with the U.S. District Court for the Southern District of Illinois. The EEOC is seeking to end the discriminatory hiring practices, as well as collect back pay and additional damages for those who were denied employment as a result of the medical inquiries and testing.

Settlement in Foreign-Born Worker Discrimination Lawsuit

November 27, 2014 | by Nassiri Law

Worker discrimination comes in many forms, including adverse employment action, disparate treatment, and other illegal and unlawful employer activities. In a recent case, the Justice Department has announced that it reached a settlement with a San Francisco bakery involving discrimination against foreign-born workers. According to the compliant, the bakery was in violation of the Immigration and Nationality Act (INA) by improperly rejecting a worker’s valid work authorization documents. The case was investigated by the Office of Special Counsel for Immigration-Related Unfair Employment Practices.

In accordance with the settlement agreement, the baker will pay $26,000 in back pay and additional compensation to the employee who suffered damages as a result of the discrimination. In addition to the financial compensation owed to the individual employee, the company has agreed to modify its hiring practices and has agreed to external monitoring of those practices for the next two years. Immigrants and other non-native workers may face a number of challenges in the workplace, but every worker in the U.S. has rights and can take legal action—even without citizenship. Employers are prohibited from making assumption about the validity of employment documents based on stereotypes and unfounded assumptions.

Employers who want to insulate themselves against civil rights violations can inquire about how to review and accept I-9 documentation to prevent discrimination investigations and penalties. The Immigration and Nationality Act protects foreign workers from discrimination in the workplace. These laws prevent employers from placing additional burdens on applicants who are authorized to work because of their national origin or citizenship status. The law also protects workers from discrimination based on citizenship status and national origin in hiring, firing, or recruitment of employees.

AIDS Discrimination in the Workplace

November 24, 2014 | by Nassiri Law

In addition to personal health consequences, those who have contracted HIV or AIDS may face additional challenges in the workplace including discrimination. Under federal law, discrimination against individuals who have been diagnosed with AIDS is illegal. The Americans with Disabilities Act (ADA) prohibits employment discrimination based on disability and courts have found that even asymptomatic HIV is protected under this law. Workplace discrimination against HIV/AIDS applicants and employees may take the form of failure to hire, demotion, or termination of employment.

Those with AIDS may also face complications related to finding healthcare, a barrier which is addressed by the Health Insurance Portability and Accountability Act of 1996 (HIPAA). HIPAA gives AIDS patients with group coverage new protections against discrimination. It makes health care coverage more accessible to small businesses and their employees. After termination, HIV/AIDS patients are entitled to Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA), health insurance after their own employment is terminated. For most employees who must cease employment for health related reasons, COBRA benefits extend from 18 to 36 months.

Workers with AIDS may encounter discrimination at any stage of employment. From hiring to seeking paid leave and medical care, through termination or job loss. Those who have suffered from discrimination in the form of adverse employment action, health care denial, or under the Family Medical Leave Act (FMLA), have the right to take action against an unlawful employer. The FMLA allows employees to take leave for serious medical conditions or to care for a loved one who suffers from HIV/AIDS. Those who are eligible are entitled to 12 weeks of job-protected unpaid leave during any 12-month period.

Jury Awards $186 Million in Pregnancy Discrimination Case

November 21, 2014 | by Nassiri Law

Pregnancy discrimination is considered an ongoing threat to workers in California and nationwide. Though the EEOC has recently issued new guidelines to minimize discrimination in the workplace, additional legal action is often necessary to hold illegally acting companies responsible. A San Diego jury has also spoken out, awarding $186 million to a store manager who was fired after she was told that pregnant women can’t do the job. The manager’s employment was also terminated after she gave birth to her child. According to Reuters, the 43-year-old plaintiff will be awarded $873,000 in compensatory damages and $185 million in punitive damages. The groundbreaking verdict is considered the largest verdict ever awarded to an individual in an employment law case.

The manager at AutoZone was hired in 2000 as a customer representative and promoted in 2001 as parts sales manager, and in 2004 promoted to store manager. She became pregnant in 2005. After she told her employer that she was pregnant, it was suggested that she give up her management duties. She was then demoted to a parts sales manager in 2006 and suffered a pay cut. The new position required her to work long hours, repeat work duties for no reason, and endure abuse from her boss. After filing a lawsuit with the state, she was fired from her position at AutoZone. In addition to pregnancy discrimination, the lawsuit also alleged wrongful termination, gender discrimination, and retaliation.

A former district manager testified that the vice president of AutoZone scolded him for hiring too many women. At trial the district manager testified that the vice president asked him, “What are we running a boutique here?” He then proceeded to demand the manger to, “Get rid of those women.” According to court records, the plaintiff was told to quit, demoted, and then fired after being told that a pregnant woman wasn’t capable of managing the store. The jury ruled that the harassment was “severe and pervasive” and unanimously decided that she suffered illegal discrimination and harassment.

EEOC Settles Genetic Discrimination Case in CA

November 18, 2014 | by Nassiri Law

The Genetic Information Non-Discrimination Act (GINA) prevents employers from discriminating against employees or potential employees based on their genetic or family medical history. In a recent case, the Equal Employment Opportunity Commission settled a class action for $187,000 with a California seed and fertilizer operation for refusing to hire applicants after reviewing medical histories and the medical histories of the applicant’s family members. According to the EEOC, the class action (EEOC v. All Star Seed) was filed in September of 2013 against All Star Seed Inc. and its subsidiaries.

A job applicant filed a complaint with the EEOC in November 2012 after he was denied a position as a dispatcher for the company. According to court documents, the company rejected his application after he reported for being hospitalized for atrial fibrillation, even though the condition had no connection to job duties related to the position. The applicant also reported that the company inquired about the medical history of his relatives and he reported that at least one of his family members had the same medical condition.

Employees in California and nationwide are protected under state and federal laws to prevent discrimination in the workplace. GINA makes it illegal for employers to discriminate against applicants and employees based on genetic information. Genetic information may be accessible through medical documentation and family history. The law prohibits employers from requesting medical histories from applicants or from seeking out or purchasing the information from other sources.

McDonald’s Franchise Owner Sued by EEOC for Disability Discrimination

November 16, 2014 | by Nassiri Law

The American Disabilities Act protects individuals who suffer from physical or mental disabilities against discrimination. According to reports from the Equal Employment Opportunity Commission , the owner of a McDonald’s franchise in Oakhurst and the affiliated property management company illegally discriminated against an employee because of his cerebral palsy. EEOC reports indicate the worker suffered unlawful demotion and was forced to quit. In response, the EEOC has filed a disability discrimination lawsuit against McDonald’s.

The EEOC is the federal agency charged with ensuring compliance with federal labor and employment laws. According to the agency, the employee had worked for a prior owner of the Oakhurst McDonald’s without facing any difficulties or discrimination since he was first hired in 2006. He was a valued employee and was even promoted from a crew member to a floor supervisor after two years of working at the location. Co-workers and former supervisors regarded him as a highly capable and a good employee.

In January 2008, Alia Corporation assumed control of the restaurant. The company owns and operates over 20 McDonalds’ franchises throughout the Central California area. Within a few months of taking over the Oakhurst location, the management company demoted the employee to janitorial duties, reduced his hours and cut his wages. The EEOC reports as a result in the significant loss of wages, the employee was forced to quit less than six months after the Alia Corporation take over.

Braun Electric Settles Sexual Harassment Lawsuit for $82,500

November 15, 2014 | by Nassiri Law

When an employee suffers from sexual harassment, it can take months, even years to reach a resolution. In most cases, a company will want to settle out of court to prevent costs of litigation and public exposure. However, some companies are willing to take sexual harassment cases to a jury if they believe that they can defeat charges.

In a recent California case, Braun Electric Company agreed to pay $82,500 to settle a sexual harassment lawsuit filed by the Equal Employment Opportunity Commission (EEOC), the U.S. agency charged with ensuring compliance with federal labor and discrimination laws.

Braun Electric provides industrial electrical services for the oil and gas industry throughout the California San Joaquin Valley. According to reports and the EEOC, a manager at the Belridge location subjected female workers to repeated instances of harassment, which created an illegal hostile work environment. Employees allege that the harassment took place since 2010. The manager made inappropriate sexual remarks and explicit propositions on a continual basis. Even though the employees reported the misconduct, upper management failed to adequately address the harassment reports and supervisors failed to property document and report the incidents that they had also witnessed. According to the lawsuit, one female employment was forced to quit as a result of repeated sexual harassment and the ongoing hostile work environment.