Articles Tagged with gender discrimination

The pandemic had sweeping effects on California workers and the economy at large. Some companies saw increases in demand, but for many workers, the impacts were both adverse – and lasting. According to the new study released by the AARP, older women saw some of the worst effects, and they don’t appear to be subsiding. Fair employment advocates say age discrimination and sex discrimination play no little part in the phenomenon. Workers who believe they have been discriminated against on the basis of their age or gender should reach out to a long-time, trusted Los Angeles employment law firm.Los Angeles age discrimination lawyer

Some of the primary takeaways from the AARP study,

  • About 40 percent of mid-career and older women workers experienced at least one job interruption during the pandemic.
  • Of those who are still unemployed, roughly 70 percent have been out-of-work for six months or more.
  • Among those who are still employed, most remain concerned about their financial future and potential unemployment.
  • More than 25 percent report their financial situations have worsened over the course of the pandemic.

One common thread for all employed women was the implication of caregiving. It was reported that 1 in 3 took care of a child or grandchild home during the pandemic for remote schooling. For many, that meant they could only work certain shifts or hours or reduced hours. Nearly half of employed women at some point during the pandemic were caring for either a child, grandchild, or adult family member or friend.

Then factor in that age discrimination in hiring has long been a stubborn problem in America’s workplaces for years. Older and mid-career women are often the most significantly impacted. The AARP’s survey of nearly 34,000 women workers found that almost a third who were job hunting believed age discrimination had been a hurdle in their efforts to secure a new position. Continue Reading ›

Stronger protections against California workplace harassment and discrimination are on the way, with Gov. Gavin Newsome’s signing of the “Silenced No More Act,” or SB 331. The measure builds on the protections established in 2018 with the Stand Against Non-Disclosures (STAND) Act, targeting non-disclosure agreements in sexual harassment cases in the wake of the #MeToo movement. Los Angeles Employment Lawyer

As our Los Angeles employment lawyers can explain, SB 331 amends both the California Fair Employment and Housing Act (FEHA) and the California Code of Civil Procedures, Section 1001. It imposes major restrictions on both employment settlement agreements and severances. Continue Reading ›

A new California sexual harassment lawsuit has rocked the gaming world, with an avalanche of dissent and claims of “frat boy culture” dominating descriptions of Activision Blizzard, the video gaming company that own games like “Call of Duty,” “Candy Crush” and “World of Warcraft.” Los Angeles sexual harassment lawyer

The upheaval and high-profile exit is reminiscent of what our Los Angeles sexual harassment lawyers have noted in the culture of the gaming industry (long noted for its misogyny), but some are speculating this could have reverberations throughout the tech world and even corporate America.

This all started with a California sexual harassment lawsuit filed last month by the state’s Department of Fair Employment and Housing. According to the complaint, multiple female employees were subjected to gender discrimination, sexual harassment and unequal pay. Company executives reportedly were aware of the harassment and other problems, but failed to take reasonable steps to halt illegal conduct. Instead, the lawsuit alleges, the company retaliated against the complainants. Continue Reading ›

Nearly a dozen women are suing the Walt Disney Company for California gender discrimination, saying the corporation systemically denies fair pay to its female employees and that pay secrecy is integral to that inequality. gender discrimination lawyer Los Angeles

As our Los Angeles gender discrimination lawyers can explain, pay secrecy is a policy long used by employers that prohibits employee discussions about how much they earn. While silence over salaries tends to be the societal norm, it’s not the law. What’s more, it’s been shown to perpetuate gender pay disparity against women because it deprives female employees of the information they need to demand equal pay.

According to California Labor Code section 232, employers are banned from these types of secrecy policies and cannot discipline workers on the basis of wage disclosures. It hasn’t been a commonly litigated provision historically (it’s been a state law since 1985), but there has been somewhat of an uptick in these sorts of claims over the last several years. California law stipulates that employers cannot require employees to refrain from disclosing wages, require employees to waive this right or take averse employment action against workers who do. Employers who violate this provision (usually in conjunction with some other type of employment discrimination claim) can be compelled to pay substantial damages, including for lost wages and benefits, emotional distress and punitive damages.

There is also the California Fair Pay Act, which goes even further to shield employees’ right to discuss their own pay openly with co-workers. Beyond that, the National Labor Relations Act of 1935 prohibits employer retaliation against workers who talk wages with their co-workers.

And yet, some employers persist with policies like these. Continue Reading ›

Unlawful gender and racial bias against women and Asians in the hiring process at Google will cost the company $2.6 million. Additionally, the U.S. Department of Labor is requiring the tech giant to review its practices for hiring and pay, fund an independent study on is own gender pay equity and provide the government routine updates on its efforts to reduce gender pay equity.employment attorney

The lawsuit came about as part of a federal government contractor audit of numerous Google sites in California, Washington state and New York. That analysis revealed numerous indicators that the company was not in compliance with an executive order that prohibits discrimination in federal contractor hiring and wages.

The analysis indicated that over a three-year span starting in 2014, the company paid female engineers in numerous offices (including in California) substantially less than male engineers for the same jobs. Further, evidence indicated the company discriminated against women and Asian applicants applying to be engineers at several California sites. Continue Reading ›

As we usher in a new year, many will remember 2020 as a year of significant challenges. In the arena of employment law, we recognize that America’s workplaces have long been plagued by discrimination and harassment. In the last 20 years, virtually all of the country’s biggest companies have paid to settle at least one claim of sexual harassment and/or discrimination. That’s according to Good Jobs First, and bear in mind: Those are only the cases that were publicly reported.gender discrimination lawyer

Federal and state laws prohibit sex-based harassment and discrimination. Despite this, companies in the U.S. still only pay women $0.082 on average for every dollar men are paid. Black women are paid even less. This wage gap has budged very little since 2000.

The U.S. EEOC in 2019 received more than 70,000 complaints of discrimination on the basis of sex, age, religion, race and disability. More than 7,500 complaints of sexual harassment were made during that time.

One positive thing about 2020 was that it gave further rise to the #MeToo and #BlackLivesMatter movements, empowering workers to increasingly turn to courts for employer accountability for violations of civil rights, discriminatory work practices and work environments. Some of those claims over last three years have involved huge companies paying multi-million dollar settlements in cases that made big headlines.

Here, we take a look back at the highest profile sexual harassment and gender discrimination cases of 2020.

Amazon. Amazon was hit with numerous employment lawsuits in 2020. In February, a former manager in charge of hiring sued after she says her boss asked her to comb applicants’ Facebook and Instagram accounts to glean information about their race and gender. When she complained, she says, she was fired. The company was also accused of harassment and retaliation after demoting and later denying promotion to a transgender man after he revealed his pregnancy.

Bloomberg LP. The media company was accused of allowing the longtime and widespread sexual harassment of ex-CBS host Charlie Rose. Eight women worked for or aspired to work for the host in the 90s, 2000s and 2010s. Rose’s show aired on both PBS and Bloomberg TV. Although some of the plaintiffs in the case against Bloomberg have already settled with CBS, they allege Bloomberg was complicit. Rose owned his own production company, but operated within Bloomberg headquarters. Many operations for Rose’s company (including payments and benefits) were managed by Bloomberg. The employees now suing Bloomberg say they were jointly employed both by Rose and Bloomberg, a point likely to be hotly contested.

Disney. A gender-based pay discrimination lawsuit filed in 2019 is still ongoing, and was joined by several other former employees last year. Ten executives in all allege rampant gender pay discrimination as of March 2020. The newest claim alleged that her $75,000 starting salary at the company was far less than a male colleague’s starting salary. She further alleged she was passed over on promotions, given smaller raises on average and dissuaded from discussing gender discrimination complaints with the CEO by a top female executive.

FOX News. Former host Ed Henry was accused of a violent sexual assault of a former producer. Another employee alleged Henry sexually harassed her, as did several other high-profile hosts. The network was reportedly made aware of these claims, but did nothing to intervene or stop them. Henry is no longer employed by the network. It was just a few years ago that the network settled with Gretchen Carlson for $20 million over claims of sexual harassment by the company’s former chairman, Roger Ailes.

Continue Reading ›

The 1963 Equal Pay Act mandates that employers must provide equal pay for equal work. The express purpose was to eliminate the practice of paying women less simply because of their gender. The law does allow employers to offer an affirmative defense to the law if they can show that some factor other than one’s gender played a role in lower pay. The question recently before the U.S. Court of Appeals for the Ninth Circuit in Rizo v. Yovino was whether a California math teacher/consultant’s past salary qualified as a “factor other than sex” that allowed the school district to legally pay her less than her male counterparts. On remand from the U.S. Supreme Court, the appellate court ruled that it is not. California Equal Pay violation

In other words, the school district can’t use one’s prior salary as an excuse to pay them less. The court ruled that to allow employers to pay workers less solely based on the pay of a previous employer would essentially defeat the purpose of the federal Equal Pay law and perpetuate gender inequities in pay. As our Los Angeles equal pay lawyers can explain, fact that women have been paid less ion the past isn’t justification to continue paying them less.

Several other federal appellate courts have held that if defendants in an equal pay case present a “factor other than sex” defense, that factor has to be job-related. Only one court, the U.S. Court of Appeals for the Seventh Circuit, has held that the defense can involve any number of essentially limitless other factors, so long as none of them involves the employee’s gender. Continue Reading ›

A new study published in the New England Journal of Medicine reveals that sexual harassment, verbal abuse and gender discrimination are the catalysts mostly responsible for the high rates of burnout among female doctors.doctor gender discrimination

Physicians in general have high rates of burnout, defined just this year by the World Health Organization as a condition characterized by cynicism, emotional exhaustion, physical fatigue and reduced productivity resulting from unmanaged job-related stress. What this new study suggests is the problem is even greater for doctors who are women, and surgical residents in particular.

Another recent survey conducted by physician staffing firm Merritt Hawkins showed that more than three-quarters of female physicians responded in the affirmative when asked whether they had experienced gender-based discrimination in the workplace. Continue Reading ›

Working mothers in California will soon have stronger support for workplace lactation accommodation. Starting Jan. 1, 2020, employers must provide lactating mothers with a place that is private, secure and close to their workstation in order to pump. Additionally, the room must be equipped with a chair as well as a table or shelf to store their pumping equipment, along with access to electricity, running water and a refrigerator or cooler in which to store their milk. These must all be close to their workstation. lactation accommodation lawyer

As our Los Angeles employment attorneys have been made aware, too many new mothers have been forced to express milk in a restroom, closet, vehicle or other location that isn’t ideal. Research shows that lack of a proper lactation space is especially a hardship among lower-income workers of color.

This new measure mandates companies to inform their workers of their right to express breast milk on-the-job, as well as provide the space and adequate time for it. Any violations of these rights must be reported to the state’s Labor Commissioner’s Office. Continue Reading ›

A proposed class action lawsuit alleges banks, insurance companies, investment firms and loan officers were able to discriminate against older, female prospective new hires and customers using Facebook Inc.’s targeted ad platforms. The complaint, filed in San Francisco federal court, insists the company allowed financial service and other advertisers target their ads to certain consumers on the basis of age and gender – even though the company has already been taken to task for similar discriminatory ad practices.employment discrimination

If it’s proven that this violated civil rights and employment rights laws, Facebook could be vulnerable to paying billions in damages to users across the country.

An attorney for the plaintiffs told Reuters the relative novelty of the internet doesn’t usurp the civil rights and employment law protections that Americans enjoy. A spokeswoman for Facebook said the company is taking the time to review the complaint, and expressed pride with the gains the social media giant has made on this front over the last few years. Continue Reading ›

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