LGBT Community Celebrates Over Historic Court Decision

In this day and age, members of the Lesbian, Gay, Bisexual, and Transgender (LGBT) community are widely accepted in different sectors of society. However, this does not mean that they are completely safe from different kinds of discrimination based on their gender. That is why the government has put in place anti-discrimination laws to help protect every worker in America from different kinds of abuse and discrimination.

 

Transgender victory

The courts made history as it made a ruling in favor of a transgender plaintiff. Mia Macy, a transgender woman filed discrimination charges against one federal contractor in Maryland after she has been discriminated because of her gender. According to Macy, she applied for a job and got notified that she would be receiving a position at the company’s laboratory. However, after disclosing that she would be transitioning from a male to a female, the company later on said that the position for her was cut. Not long after, she received information that the job was awarded to somebody else.

 

LGBT community celebrations

Tico Almeida, president of the LGBT organization “Freedom to Work” lauded this historic decision by the courts, proving that transgender people like everybody from all genders are equally protected by the Title VII of the Civil Rights Act. He added that this is the first time that a case of anti-transgender harassment was investigated where a court ruling was made in favor of the transgender employee. This is a landmark victory for the LGBT community as this proves that you should not let yourself fall victims to these kinds of discrimination as the laws and the courts will be there to defend poor victims to uphold and fight for their rights.

 

In California, employment discrimination has no place in the workplace. That is because the state has many employment and labor laws to protect the rights of every worker in the state. So if you have been a victim of such forms of abuse, harassment, discrimination, and retaliation, you should consult a lawyer in California and prepare a discrimination claim against those who violated your rights. People, no matter what their gender preference is, deserve the same amount of respect as everybody. That is why you should be the first person to defend and protect your rights against those who plan to trample on it.

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Dating Company Settles Sex Discrimination

Usually, when one mentions the term “discrimination based on sex” a person would probably think that the victim of such act is a woman. Why is that so? It probably has something to do about women being treated as second-class citizens back in the day. Actually, there are still countries in some parts of the world where women are treated differently from men. But in the “land of the freeare there still victims of sex discrimination?

 

Men being the subject of sex discrimination

 

What many people don’t know is that sex discrimination is not limited to women. While more women come forward as victims of discrimination, men actually do fall victims for sex discrimination as well. Just recently, a man filed a sex discrimination claim against a company offering matchmaking services. Through the help of the US Equal Employment Opportunity Commission (EEOC), the man filed a sexual discrimination lawsuit against the company for refusing to hire men as dating directors and inside sales representatives. Moreover, the firm retaliated against one of their former human resources director as retaliation for her opposition to the discriminative hiring policies of the company. Through the assistance of the EEOC, the male victim was able to settle the case with the company. Moreover, this settlement paved the way for the company to change its ways and stop discrimination in the firm.

 

The EEOC’s helping hand to victims of

discrimination

 

The EEOC is working very hard to be able to adhere to its mandate of putting an end to gender discrimination in the workplace. Any form discrimination whether on the basis of one’s sex, race, national origin, color, disability, age, or religion is a violation of the Title VII of the Civil Rights Act. With that being the EEOC’s main reason for existence, this recent settlement is one great victory not just for the agency and the complainant, but for all the victims of discrimination.

 

If you have been a victim of age, race, disability, national origin, religion, or sex discrimination, do not just stand there and do nothing. Get the help of a good Los Angeles lawyer to help you. Do not let these employers take advantage of you and trample on your rights.

California Bill Protecting Domestic Violence Victims from Workplace Discrimination Advances in State Assembly

The California State Assembly’s Committee on Judiciary last week passed a measure that would provide employment protections for victims of domestic violence, sexual assault, or stalking. The Senate Bill 400 was already referred to the Assembly Appropriations Committee after a 6-1 vote last June 25.

 

The proposed bill, which is sponsored by Senators Hannah-Beth Jackson (D-Santa Barbara), Mark Leno (D-San Francisco), and Kevin de León (D-Los Angeles), would require employers to make “reasonable efforts” to provide protection to victims from their abusers or stalkers by changing a work phone number or implementing a safety plan in the workplace, among others.

 

If signed into law, California will become the seventh state to have a legislation that will make it illegal for employers to discriminate or retaliate against victims of domestic abuse or sexual assault in any aspect of employment, following Connecticut, Hawaii, Illinois, New York, Oregon, and Rhode Island. However, California Gov. Jerry Brown is yet to make a stand on this proposed bill.

 

At the time of the passage of the bill at the Assembly Floor, a California teacher, Carie Charlesworth, testified before the committee in favor of the bill. Charlesworth, a second-grade teacher of 14 years at Holy Trinity School in El Cajon, was terminated from her position last April after a January 28 incident wherein her estranged husband went to campus.

 

The man, who verbally and emotionally abused Charlesworth for several years, was arrested following a preventive lockdown at the campus. She was put on leave, but her four children were not allowed to attend classes. She was later fired.

 

Before the committee, she explained as to why fear of termination is definitely a concern for victims of abuse like her. “Victims need to be able to speak up about what is happening so they can get the help they need to leave their abusive situation,” she said.

 

Aside from the scarcity of employment protection for abuse victims on the state level, bills are yet to make strides despite frequent introductions from federal legislators. A proposed bill called the Security and Financial Empowerment Act had been introduced in the House last March 15, but is yet to be referred to a committee.

 

Meanwhile, employment lawyers praised the SB 400’s passage in the State Assembly, saying that this proposed bill is a step on the right direction in protecting the welfare of abuse victims in the workplace.

Answers for Your Pregnancy Leave Questions

Pregnancy is such a delicate time for any expecting mother as the unborn baby inside her tummy needs the most care, to make sure that the baby will be born into this world healthy. With an abundance of women in the workplace, including expectant moms, the government is trying their best to come up with and implement laws to help protect the rights, health, and safety of pregnant women in the workplace.

 

On January 1, 2013, the state of California has come up with new CA pregnancy regulations. Here are some of the changes made to help soon-to-be moms and companies better understand these new regulations.

 

•    Pregnant women are allowed to take up to four months of leave of absence. While most employers allow up to 16 weeks of leave, the state clarified that the actual conversion of the maximum allowable 4 months of leave is 17 and 1/3 weeks. However, the total number of leave days or hours will also depend on the attendance of the employee and the leaves that she has used up during her pregnancy.

 
•    With the new regulation in place, employers should give advance written notice to their employees that concern their rights and responsibilities when taking a pregnancy leave. Employers can check two notices, Notice A (For those with less than 50 employees) and Notice B (For those with more than 50 employees) from http://www.dfeh.ca.gov/res/docs/Publications/NOTICE%20A.pdf and http://www.dfeh.ca.gov/res/docs/Publications/NOTICE%20B.pdf respectively. Also, employees must distribute the notice via posting it in a conspicuous space,  giving it directly to the pregnant employee, by publishing it in a rewritten or updated employee handbook, or by distributing it annually. If an employer must also provide a translated version of the notice if their workforce comprises of more than 10 percent that speaks other languages than English.

 
•    Pregnant women can still use pregnancy leaves before they actually give birth. According to a Los Angeles attorney, this is mentioned in the law. New regulations say that a woman can use leave credits while she is disabled by her pregnancy.

 
•    A woman who has a “perceived pregnancy” or someone who’s pregnant, or suffering from a medical condition related to pregnancy should also be allowed to take a leave.

 
•    It is the responsibility of the employer to provide the full 4 months of leave and ensure that the reason why a female employee is taking a leave is really because of pregnancy.

 
•    An employee can ask for adjustments from her employer before she takes a pregnancy is it is really needed.

 
•    The pregnant employee’s health coverage must be maintained by the employer. Also, the employer must keep the job position of the pregnant female employee as much as possible unless the employer needs to layoff workers.

 
•    It is the responsibility of the pregnant employee to provide her employer the necessary medical certification when requesting for any leave of absence related to her condition.

 

 

An employer is bound to follow the following changes in the regulation or the female employee can ask for the help of employment lawyers to file the necessary complaints against the former. With the challenges that come with a pregnant female worker, companies must extend every kind of help that they could to make this very difficult situation easier for their workers.

Restaurant Owner Sued For Sexually Harassing Female Employees

Everybody just wants to have a source of livelihood.  Sources of income that will help them get by their everyday lives. Help them make both ends meet and buy them the things they need for everyday living. While some workplaces will let you do that without much fuss, there are workplaces where doing that is not as easy. Some colleagues, or supervisors in the workplace have the tendency of taking advantage of one worker, especially the female employees.

Threats to female employees

Female workers are the most prone individuals to harassment and discrimination in the workplace. Although laws mandating the fair treatment of women exist, there are still individuals who refer to women as “the weaker sex”. Despite the many contributions of women to society, some people tend to look down at women and take advantage of their weakness. One perfect example is the case that involves a female employee of a company that runs several Italian restaurants in the country. The Equal Employment Opportunity Commission (EEOC) sued the company after a woman complained of sexual harassment and retaliation that she had gone through in her previous workplace. The restaurant owner allegedly subjected her and other female employees to unwelcome and offensive sexual harassment. The suspect was alleged to have touched the buttocks, lower backs and shoulders of the victim. Moreover, the suspect was said to have rubbed his genitalia against the buttocks of the female employees. Finally, the employer-suspect made comments about the bodies of the employees, calling them “hot”, “sexy”, other sexually suggestive remarks, sexual innuendos, and even asking for massages.

Fighting for women’s rights in the office

The EEOC, among other government agencies as well as California attorneys are working together to help stop these kinds of abuse. Agencies are implementing laws to prevent the abuse and harassment of women in the workplace. However, the fight can’t be won without victims surfacing and standing up for their rights. If victims won’t do something about the injustices done against them, they wouldn’t be able to stop such acts of harassment and abuse.

A California wrongful termination lawyer reminds the victims that they should immediately approach the authorities in the event that such abuse happens to you. By being courageous enough, and fighting for your rights, you will be able to get these abusive people liable for their actions and you will get the justice that you deserve.

Workplace Discrimination Poll Finds Most Favor Law Protecting Gays, Lesbians


With the recent ruling over DOMA on most state, I would assume that this case will become inevitable. Every Americans has the right to live peacefully in their state regardless of their gender. We are never born to discriminate. Instead, accept them and live with it. This is life, moved on and let it be. Instead of wasting your time discriminating other people, try to be productive on other aspect of YOUR life.
Read the Article at HuffingtonPost

Some Things You Might Not Be Aware of About the California Tipping Laws

Aside from the regular minimum and overtime wages, people who perform work in establishments such as casinos and restaurants also receive tips from their customers. When employees, particular wait staff, receive tips, it basically means that they have offered their customers an excellent service. Such practice is tolerated in the State of California; in fact, its labor laws protect even tipped employees.

California laws on tips, unfortunately, are not recognized by many employees who work in casinos, restaurants, and other establishments. In most cases, tipped employees often disregard their employers’ actions or inaction’s regarding the matter, without them knowing that the latter has already been violating the basic provision on tipping. The basic provision of the tipping laws in California states that an employer does not have the right to obtain a share of the tips that their employees receive.

Tip Violation

If you are a tipped employee and you think the tips that you receive goes to your employer, then it is a must that you first file a complaint with your immediate superior. If your employer does not do so something about it, then you can either contact a labor attorney or file your complaint with the Department of Fair Employment and Housing (DFEH).

Meanwhile, here are some things you might not be aware of with regard to the tipping laws in California:

  • A mandatory tip pooling policy is allowed in California businesses. Under the prevailing tip laws in the state, a tip or any gratuity left for an employee in a tip pooling setup belongs to all employees “who directly contributed to the services of the customer.” It should be, however, fairly and equally distributed among the employees in order to promote peace among those involved in the tip pooling.
  • Managers who foresee the activities of the wait staff may be included in the tip pooling scheme. However, managers who have the authority to hire or terminate a member of the wait staff and do not work on the floor with them are not included in the tip pooling setup.
  • Tipped employees may receive double tips, given that the employers may add a service charge to the customers’ bill.

To know more about other provisions regarding tips, you may consult with an experienced Los Angeles labor lawyer.

What Does Your Company’s Employment Contract Should Have?

Employment contracts are among the most important documents you could have as an employee as they contain the description of your employment relationship with your employer. These documents also contain everything from one worker’s duties and responsibilities, compensation, as well as the benefits that one person should receive.

What Does Your Company’s Employment Contract Should Have?

What Does Your Company’s Employment Contract Should Have?

 

If you are an employer, you should know how to correctly and appropriately draft employment contracts. So how should you draft one and what should an employment contract contain?

  • The parties involved in the contract. First and foremost, the contract should contain information about the parties or persons involved in the contract. It should contain the contact information of the employee and the employer. Put in the legal names of both the employee and the employer or the business. Get and include the names, addresses, phone and e-mail numbers of both parties.
  • The terms and conditions of the employment. In this part of the contract, you should put in all of the terms and conditions that come with one’s employment. Here, the date of employment, the compensation one should receive, and the position, as well as the duties of the employee should be properly stated. It would be best that these things should be explained specifically to ensure that there would be no misunderstandings between the employer and employee in the future.
  • Policies and procedures. This would help guide them employee to prevent problems with his stay with the company.
  • Mention agreements, statements or clauses. Depending on the nature of one’s employment, you may need them to agree on certain non-disclosure, privacy agreements or statements that are important to the company.
  • Agreement termination. You should stipulate in the contract how the agreement could be terminated. Here the employee should see the possible causes of one’s firing. You can also add the severance packages that the company offers.
  • Signature of both parties. This is one of the most important parts of a employment contract. This shows that both parties do agree on what the contract contains. The signature of both parties makes the contract valid and the absence of one makes the contract null and void.

While it is generally easy to draft a contract, one should realize the real-world implications that every word or punctuation mark has. That is why you will need the help of a Los Angeles employment attorney in making one.

Racial Discrimination in the Workplace Explained

Racial Discrimination Act in United States

Let’s Stop Racism!

Most people think about living the American dream. Leaving their countries to go to the United States and start their career in the country. After getting their jobs though and have settled in the country, that is when they realize how life is for immigrants in the US. What’s worse is that they tend to become victims of racial discrimination by the natives. In fact discrimination in the workplace has been going on since time immemorial.

The long fought battle against discrimination
African Americans and people from other different races have been continuously fighting against discrimination. This includes especially those that are currently working and residing in the United States. However, there have been recorded incidences of discrimination despite the many laws passed and implemented by the government.

What are the legislations that are aimed to fight discrimination in the workplace?
So far, the most prominent legislation is the Civil Rights Act of 1964. Under this law, no employer or co-employee can be discriminated against in the workplace based on his race or color. This doesn’t just apply to workers but also to the applicants of a company. Furthermore, this law prohibits discriminatory decision about a personnel’s potential promotion, layoff or other job actions against one’s color or race.

How are these laws enforced?
There are agencies like the Equal Employment Opportunity Commission (EEOC) is where employees can report incidents of discrimination that they experience in their respective workplaces. Through the agency, the Civil Rights Act is implemented and these reports and the respective companies are investigated, cases are filed, and these complaints are tried. The EEOC has managed to get a lot of individuals, employers, and companies held liable for various acts of discrimination against their workers.

What are the challenges that lie ahead in the fight against racial discrimination?
A Los Angeles discrimination attorney shared that though there have been amendments made to remedy the loopholes of the existing laws, more tweaks on the various employment laws should be done to improve the effectiveness of these laws. These he believes will be beneficial in ensuring that the fight against discrimination succeeds.

So if you have been a victim of such injustice in the workplace, act quickly and talk to a lawyer. This way, you will be able to file a case against the people that have been discriminating against you.

New Disability Discrimination Regulations Adopted for California FEHA

The California Fair Employment Housing Act, the state’s chief anti-discrimination law, has adopted new disability discrimination regulations after public comment was finalized earlier this year. Here, the definition of disability is now broadly interpreted freely under the FEHA.

 

Disability Discrimination in the Workplace is Prohibited

Credits: Guardian.co.uk

 

Moreover, the FEHA Commission has also urged that any disability discrimination cases filed with the Department of Fair Employment and Housing (DFEH) should focus on whether employers have provided reasonable accommodations to employees with disabilities, as well as whether both parties have met their obligations via an “interactive process,” and whether there is an event or episode of discrimination.

 

Also, the Commission also argued that when an employee meets the definition of disability under the FEHA, he or she must not undergo “extensive analysis” in order to prove the existence of a physical or mental condition. In many cases, the status of the employee as a person with disability is obvious right at the onset.

 

One of the highlights of the FEHA amendments regarding disability discrimination cases is on the “interactive process.” Here, it is the California employer’s obligation to engage in the interactive process with the disabled applicant or employee, especially when a request for accommodation is made, or when a disabled employee uses a leave under the California Family Rights Act (CFRA) or the federal Family and Medical Leave Act (FMLA).

 

Such amendments in the definition of disability were included in the FEHA, with language and concepts adopted from the federal Americans with Disabilities Act (ADA), making sure that the principles stated in the latter are not conflicting with that of the FEHA. But then, despite the broader definition of disability, additions to the FEHA provisions would cause confusion, and, more importantly, subsequent employment cases.

 

In any case, it is important for the disabled employee to consult or seek legal advice from a top employment and labor lawyer, especially when there is an issue of disability discrimination or any Los Angeles workplace discrimination.