Articles Tagged with sex discrimination lawyer

As the #MeToo movement has proven, it’s tough being a woman in the workplace, particularly working in a male-dominated field. Evenage discrimination tougher, it seems, is the discrimination women face as they get older and try to maintain their standing in their professional careers. Many face a different set of standards as they age than their male counterparts, according to an examination by Forbes. Men’s age is often seen as a symbol of experience, status, wisdom, and leadership capabilities. Even if they lack the modern skills some younger people bring to the workforce, they are typically valued for the knowledge they can share with those inexperienced in the field. For women, though, their age can be construed as a sign that they are outdated, out-of-touch, and lacking technical abilities. Sadly, physical appearance is frequently a factor is these discriminatory practices, with men’s appearances being viewed more favorably as they age.

Ageism and sexism run deep in our society, so some might not even be aware they are mentally perceiving their employees differently. But hidden biases are not an excuse to give employees unequal treatment. The Age Discrimination in Employment Act of 1967, Sec. 623 clearly states it is unlawful to fail or refuse to hire someone because of their age, or to discriminate in any way including compensation or terms, conditions, and privileges of employment. The law also prohibits classifying or segregating an employee in such a way that deprives them of opportunities other employees enjoy as a result of his or her age. Reduction of wages due to a person’s age is also illegal. Of course consideration of a person’s sex was already prohibited in workplace hiring, firing, and promotion matters based on Title VII of the civil rights Act of 1964.

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wrongful terminationTwo cheerleaders have filed lawsuits against the National Football League for what they say was wrongful termination, discrimination and harassment. One cheerleader for the New Orleans Saints was dismissed after she posted a bathing suit photo of herself online, and another for the Miami Dolphins left after she was allegedly harassed for publicly discussing her choice to remain abstinent until marriage.

What do they most hope to get out of the lawsuits? Change.

In a surprise turn of events, their attorney recently offered to drop the lawsuits in exchange for a $1 settlement and a face-to-face talk with NFL Commissioner Roger Goodell, according to an article from The Nation. They want a good faith conversation about how to set clear guidelines going forward that are fair to all employees. The two plaintiffs have very different stories that they allege concluded with the same result: discrimination and loss of their dream jobs. Continue reading

Here in California, there are strong statutes protecting employees from pay-based discrimination. Our employment attorneys recognize,sex discrimination though, that much of the country fall short of these standards. Luckily for the people of New Jersey, those changes are coming sooner than later (and even giving California labor laws a run for their money) thanks to recent actions by the state’s new leader.

Gov. Phil Murphy has signed into law Bill AI/SI04, which sanctions employers for gender pay disparities between employees with the same responsibilities. This move was counter to those of previous Gov. Chris Christie, who vetoed a similar bill, according to a report from the Associated Press. Throughout his term, Christie vetoed pay equity bills three times.

Previously, the state’s Law Against Discrimination only allowed those seeking damages to collect back pay for two years. The new legislation raises that number to six years. As our employment attorneys can explain, this not only is a huge step to rectifying wage disparities for women, but also acts as a heavy deterrent for companies, ideally forcing them to evaluate their decisions on pay before they become an issue. The new legislation also establishes that employers must pay equally for “substantially similar work,” not just simply the same title, similar to the California Equal Pay Act. Continue reading

Fair pay has been a long and hard fought battle, and it’s not over yet. For instance, the U.S. Department of Labor Women’s Bureau reported in 2015, the gender earnings ratio (women’s earnings as a percentage of men’s) for full-time, year-round workers was 79.6 percent (up from 60.2 percent in 1980). White, non-Hispanic women as well as Asian women out-earn Black and Hispanic women.

A bill recently introduced in the California State Senate, ifrace discrimination passed, will continue to push even further to equality. SB-1284 was recently introduced by Senator Hannah-Beth Jackson (D-Santa Barbara) with the intent of more closely monitoring pay data at companies with 100 or more employees, and theoretically keeping companies more accountable for disparate wages

The bill would establish an annual check-in in which California incorporated employers that fit the total employee requirements would submit a pay data report to the Department of Industrial Relations. The department operates within the Labor and Workforce Development Agency and is designed to “foster, promote, and develop the wage earners of California, to improve their working conditions, and to advance their opportunities for profitable employment.” The report submission period would happen every September beginning in 2019. Continue reading