A Look at Workplace Discrimination Affecting Women

A Look at Workplace Discrimination Affecting WomenOver the years, from the district courts to the U.S. Supreme Court, numerous decisions have been made that protect women against various employment practices that are considered discriminatory. In effect, females are considered protected classes, and thus are afforded protection against discrimination in all aspects of employment, from hiring to termination. But despite the fight that women in the workplace have to do to recognize their rights over the last four to five decades, they continue to suffer discrimination.

When talking about workplace discrimination affecting women, it is not just about the harassment and assault that some female employees or applicants endure. It is also about the bias that women workers face, especially on account of industries that are predominantly male, as well as certain aspects of employment such as pay. Indeed, in today’s world, the female worker continues to seek parity within the workplace.

Why women get discriminated against in the workplace

For employers who engage in unfair employment practices, particularly in the hiring process, they see women as only capable of doing the work of a secretary, an administrative assistant, or any job position which is traditionally handled by a woman. In other words, they lean on what history dictates women should be doing in a typical office setting. These employers believe that they don’t have the necessary qualifications to perform jobs that are not traditionally handled by women, as well as give them the chance to earn higher pay than the pay they receive as secretaries.

Also there are employers who, despite hiring or promoting women to managers, supervisors, or any other related positions, prevent them from getting up higher into the top of the ladder. They believe that women aren’t suited for the role of becoming a chief executive officer (CEO) or any other related positions with increased responsibility and potential to influence other people within the organization. These employers believe that men are more suitable for such.

Equal pay?

Even with the existence of the Equal Pay Act of 1963, which aims to abolish disparity on wages on account of sex, a lot of women continue to experience unfair treatment in the workplace on the aspect of pay. While there are women who perform jobs in almost all categories, they receive less than what their male counterparts earn with the same jobs in these categories. Some employers have this line of thinking wherein women, despite performing substantially the same roles and responsibilities as men do in certain jobs, are considered the “weaker sex,” thus the reason why women are paid less than their men.

What discriminated women employees need to do

The issue of gender in the workplace is still an ongoing issue that needs to be taken seriously. Women in the workforce have their rights, too, and given that they are protected against discrimination, they can always assert their rights if they think they have been subjected to actions that go against what the laws enforced by the Equal Employment Opportunity Commission (EEOC) provide. As such, aggrieved female employees must be able to consider airing their grievances with their respective employers, and if the latter did nothing to address the situations, then female workers must consider seeking an expert Los Angeles employment lawyer who can help them establish claims of discrimination.

If you are seeking for a workplace discrimination attorney in Los Angeles, you can simply visit this website: http://www.mesrianilaw.com/specialties/employment-law.html

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California School District Faces Discrimination Lawsuit

California School District Faces Discrimination Lawsuit

Discrimination in the workplace is prohibited in California under the state’s primary employment and labor statute, the Fair Employment and Housing Act (FEHA). According to a Los Angeles employment lawyer, it covers not just private businesses, but also public entities, including those that are responsible for operating public schools within a certain county or state. While it is expected for school officials to treat each other fairly within their daily operations, some of them go through the ordeal of being discriminated against and even being harassed because of their protected characteristic.

Such was the case of a former school official who filed a lawsuit against Santa Rosa City Schools, the largest school district in Sonoma County in California. Anastasia Zita, the plaintiff in the lawsuit which she filed last month, alleged that she was wrongfully terminated from her post as assistant superintendent last year after suffering from workplace discrimination, harassment, and retaliation. She named the seven members of the school board, as well as 50 others who are yet to be named, as the defendants in her suit.

According to the suit, the 52-year-old woman worked for the position of assistant superintendent for the said school district, a post she held since 2005. Her main duty is to oversee curriculum and instruction of Santa Rosa’s secondary schools. During her tenure, she experienced various forms of discrimination and harassment; in the lawsuit, she alleged that she was verbally harassed by her immediate superior. Likewise, she was passed over an opportunity for employment advancement due to age and race. She was also not allowed to take a leave of absence from work in order to attend to her ailing mother. The suit even mentioned that other co-workers also suffered maltreatment at the hands of the school officials.

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Employment Rights Entailed within Labor Laws

Employment Rights Entailed within Labor Laws

To create a harmonious relationship between the employer and the employee, both must first agree on a certain set of laws. Also, a governing body must uphold these laws to avoid abuse from both sides.

Fortunately, lawmakers have long thought of this, which prompted them to create employment rights that comprise some parts of the labor law. The main goal of such laws is to create a progressive environment that would benefit both the employee and his or her employer.

The employment rights specifically contain the privileges and the limitations of the company owners as well as their employees. These rights now also act as the protection of employees from abusive employers, a scenario that is prevalent across the country.

One of the main states that have such problem is California. Los Angeles, a major city with a notorious reputation for its high rate of employee complaints due to violated rights or discrimination, is a hotbed of employee harassment and discrimination issues.

A worker who may be curious towards the specifics of his or her rights may consult experienced Los Angeles employment lawyers. These professionals could explain in simple terms certain ideas enshrined within the labor laws.

Legalities are often complex and through such people, employees will have the opportunity to understand things better than they used to. As a sample, a lawyer may explain that the labor law has two broad categories and they are the following:

1.      Individual labor law – Administers the rights of the employees within workplaces and those stated under their contract.

2.      Collective labor law – Refers to laws that govern the tripartite or three-group relationship between the worker, the company owner, and the union.

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Law Provisions to Guide Employers against Sexual Harassment Complaints

Law Provisions to Guide Employers against Sexual Harassment ComplaintsThe Fair Employment and Housing Act (FEHA) define sexual harassment as the maltreatment founded on actions that are sexual in nature. It is also considered as a form of gender harassment, and the sexuality of the harasser or job position is considered irrelevant once the case is filed in court.

In other words, the harasser can be either male or female and from any position within the place of work; at times, they could be even customers of the company.

In relation to this, one of the states with many sexual harassment complaints is the state of California. Under California employment laws, this kind of violation is strictly prohibited, yet many companies are still prosecuted in court by harassed employees. It seems that many employers are not fully informed of the laws that they are supposed to follow.

Regular workers may find an ample amount of articles regarding sexual harassment that would equip them with the proper knowledge if they were subjected to it in the future.  However, there seems to be limited reading materials that cater to the owners of companies, which is rather disadvantageous to them. To help owners out, here are some of the strictly implemented law provisions that could help them in preventing the possibility of sexual harassment within their companies:

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Proving Company Violations

Businessman in wheelchair using laptop in modern lobby

Disability discrimination is one of the most prevalent issues debilitating the state of employment in United States. It is still prevalent these days, even though the government had already created agencies that will handle solely such concerns. One of these government agencies is the Equal Employment Opportunity Commission (EEOC).

The EEOC has handled cases before, which reflects how the rights of workers are deeply violated. One of these includes that of a construction worker with neck impairment who was not provided with reasonable accommodation. This male employee worked for two and half years, but was terminated just after asking for a reasonable accommodation. Imagine the devastation that this employment decision has brought to the life of that worker.

This kind of treatment towards people with disabilities shows that some companies still think that they could escape the hand of the law. Sometimes, owners, supervisors or managers believe that they can be acquitted from doing a crime just because they hold a high position within a well-known business. This is where these people are wrong, since the justice system is impartial and would prosecute anyone who commits acts against its provisions.

More than this, employees should realize that for them to be protected from possible acts of disability discrimination, they must first know what the law states. To aid them, here is the simplified definition of the Americans with Disabilities Act of 1990 (ADA):

This act states that it is against the law to discriminate an applicant or an employee with a disability. One of the agencies tasked to implement this is the EEOC. Some of the establishments where the EEOC disallows cases of discrimination include the following:

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The Prohibited Act of Religious Discrimination

The Prohibited Act of Religious Discrimination

Religious discrimination is one of the most peculiar types of workplace bias that employers commit. It is described as the unfair treatment of a worker due to his or her religious beliefs and practices. To combat this, the federal government signed into law the Title VII of the Civil Rights Act, a landmark piece of legislation that protects employees from various types of workplace discrimination. Aside from this, the law also protects the spouses of these people who might be subjected to maltreatment due to their affiliation with their loved ones.

California can be cited as an example of a state that implements this kind of ruling over its residents and labor force. Religious discrimination is very likely to happen in California since it is highly urbanized and is considered as a cradle for most American industries. More than that, people of different cultures have opted to reside in this area, and there might be a clash of beliefs.

Under the Title VII of the Civil Rights Act, every citizen of the United States has the freedom to choose and perform his or her religion. Also, employers with 15 or more employees are prohibited by the law to make discriminatory acts or policies. And one of the possible actions that employers might commit is through creating policies that will single out employees with a different faith.

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The Issue of HIV/AIDS in the Workplace

The Issue of HIV/AIDS in the Workplace

Since it became known to the world in the 1980s, the human immunodeficiency virus (HIV) that causes acute immunodeficiency syndrome (AIDS) has become one of the world’s greatest health concerns. Not only is the research for the treatment of the disease a continuous medical saga, but also the recurring social implications of having such a dreaded disease.

The stigma associated with having HIV or AIDS is still a lingering problem among individuals, groups, and communities. This is still happening in some aspects of people’s lives despite the knowledge of most people towards the disease.

The social stigma related to HIV or AIDS is usually done in a variety of ways for both persons perceived and infected of the disease. These include discrimination, rejection, and violence, as well as compulsory testing for HIV without consent or protection of confidentiality and quarantine.

The realm of employment is an area where discrimination and fear for people with HIV or AIDS are widespread. Over the recent years, the virus and the disease has since been an issue in the workplace. While workers aged 20 to 45 and with HIV/AIDS are able to work in small- and medium-scale businesses, many are quizzical about an employer’s ability to make reasonable accommodations to them.

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How to File a Discrimination Charge with the EEOC

How to File a Discrimination Charge with the EEOC

Employment discrimination is still a rampant problem these days. Many applicants and employers are still discriminated against in all aspects of employment, including hiring and termination. Good thing there is one federal agency that is ready to lend a helping hand on discrimination victims by enforcing federal anti-discrimination laws against erring employers. This agency is called the EEOC, or the Equal Employment Opportunity Commission.

 

A person who believes that his or her rights as an applicant or an employee had been violated may file a discrimination charge with the EEOC. Not only can one person do it; even an organization or an agency can do so. Collective effort in filing a charge may be done on behalf of the victim. This is to help protect his or her identity.

 

In filing a charge with the EEOC, the person or the group may first fill out an intake questionnaire. Complainants who need accommodation, such as a sign language interpreter, must immediately inform the EEOC so that arrangements can be made accordingly.

 

In the actual filing of the discrimination charge, the complainant or the complaining party must provide the following information:

 

  • The complaining party’s name, address, and telephone number
  • The employment agency, respondent employer or employment agency’s name, address, and telephone number
  • The number of employees or union members involved, if there is any
  • The date, location, and a short description of the alleged violation of employment rights

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