Mon, 10 Sep 2012 11:38:03 -0800WeeblyTue, 19 Oct 2010 18:17:35 -0800http://legalservicesinlosangeles.weebly.com/2/post/2010/10/age-discrimination-in-employment.htmlFederal and state laws have long protected people from discrimination of any form, which includes age discrimination, or also known as ageism. Age discrimination is considered a violation that keeps a person, whether young or old, from being employed or from advancing within the workplace that he is qualified to pursue.

Age discrimination is a common practice, which includes denying applicants during hiring or promotion simply because of their age. Such practice does not take into consideration the abilities and competency of the individual, and just places emphasis on his calendar age and how it may limit his capacity to work effectively. There may be legal age limits that prohibit people under a certain age from being employed, but limitations that were imposed to prevent a competent, young person from being considered for a job is unethical and can even be grounds for litigation.

However, a more blatant example of age discrimination practice is the exclusion or bypassing of older qualified people such as in promotion or wage adjustment. In ageism, an older employee may possess the necessary background and job skills, but he will likely resist new and supposedly better methods or procedures. Another concern is that older employees may not be able to provide long term of service enough for the company to get back the expenses incurred during training.

In a personal level, an older employee may be told that he is too old to engage in certain physical activities unlike a younger person. While the younger one may be told that he is too young to engage in some social activities.

The primary law that protects people from Age Discrimination in employment is the ADEA (Age Discrimination in Employment Act of 1967). The law protects individuals who are 40 years old or older from employment discrimination based on age, and applies to both employees and job applicants. Covered employers are those with more than 20 employees, including federal, state and local government, employment agencies, and labor organizations.

Aside from prohibiting discriminatory acts because of age, ADEA also makes it unlawful to retaliate against an employee for opposing discriminatory employment practices of for being involved in an age discrimination charge against the employer. Also, the ADEA permits employers to favor older employees even if doing so becomes unfavorable to the younger workers who are 40 or older.

Age discrimination is a recurring issue in the workplace. However, few people know how to deal with this kind of problem. If you are being discriminated against at work because of your age, just seek a Los Angeles discrimination lawyer to help you.
]]>Wed, 06 Oct 2010 19:15:00 -0800http://legalservicesinlosangeles.weebly.com/2/post/2010/10/factors-to-consider-before-filing-sexual-harassment-charges.htmlA sexual harassment charge is a serious accusation against a supervisor or employer. Before you make up your mind in filing such a complaint, make sure you have with you all the necessary documents and evidence to prove the defendant’s harassment actions. You should seek legal assistance immediately in these kinds of situation to conduct an effective investigation.
You can file sexual harassment charges against an individual if he continuously committed one of these actions:

• Making offensive statements regarding your clothing and physical appearance – Statements that can affect an employee’s performance at work is considered offensive or adverse. If you are experiencing this kind of action, be bold enough to tell your supervisor or employer to stop.
• Making physical contact with an employee such as touching the back, waist, or sensitive parts of the body – Any uninvited contacts that are taken by the employer or supervisor is a sexual harassment act. On the other hand, if the employee allowed the employer to do such things, they would not be considered as harassment.
• Continuously asking an employee for dates – If these kinds of actions are taken continuously, they may become damaging to the victim.
• Posting images and sending emails that contain sex-related content – This type of harassment often results to hostile work environment and may cause traumatic effects to the employee.
• Showing of sexual objects and devices – Even if they are not given to the employee, the display of such objects is still a form of harassment.

If your supervisor or employer has taken these actions toward you, then you can proceed in filing the sexual harassment lawsuit. An employment harassment attorney would play a crucial role in your case, so do not forget to hire one. In large cities like Los Angeles, you can find a Los Angeles harassment lawyer in almost every street.

After preparing plans for the case, you can submit the complaint to an employment agency such as the Equal Employment Opportunity Commission (EEOC). While EEOC’s main concern is on anti-discrimination policies, it is also allowed to conduct employment investigations in harassment claims.

If you have enough evidence, and an expert LA sexual harassment lawyer handles your complaint, you may be able to win the dispute case. Some of the rewards you would receive include lost wages, pain and suffering, and legal fees. These are some of the factors that would help you recover from your bad experience. 

]]>Mon, 04 Oct 2010 18:03:07 -0800http://legalservicesinlosangeles.weebly.com/2/post/2010/10/employment-non-discrimination-act-will-it-be-helpful-or-not.htmlThe Employment Non-Discrimination Act or ENDA is one of the more controversial proposed bills in the United States today. Its goal is to protect employees from discrimination on the basis of gender identity or sexual orientation. Some of the groups that are covered by ENDA include lesbians, gays, bisexuals, and transgenders (LGBT). Once this law is enacted, employers and employees would not be allowed to discriminate against LGBT employees.
ENDA has been proposed in Congress since 1994 and was introduced by House representative Barney Frank in 2007.  However, while the bill has not been passed yet, it has already caused a stir among religious organizations. Some of them believe that its terms would support same-sex marriage. To know more about the ENDA, here are some things that it does and does not do:
 
What ENDA can do

• It can extend the coverage of anti-discrimination laws to LGBT employees.
  
• It would prohibit employers and supervisors to make any employment-related decisions based on an employee’s sexual orientation.
  
• Discriminated employees who are covered by ENDA can also file charges against the responsible parties. Protected employees can hire Los Angeles discrimination lawyers who can help them.
  
• However, its legal remedies are much more limited than procedures permitted by the Title VII of the Civil Rights Act and the Americans with Disabilities Act (ADA).
  
• It covers the Congress and federal government, as well as state and local government employees.
  

 
What ENDA cannot/does not do

• ENDA does not cover businesses with only 15 employees or less.
  
• It cannot be applied to religious organizations or assemblies.
  
• It does not cover the uniformed members of the armed forces.
  
• It does not allow a non-intentional discrimination or disparate impact claim. This means that an employer is not required to justify his actions that may have affected a group of LGBT employees.
  
• If ENDA will be passed, it would not cover past issues and violations of its statutes.

Based on the things it can and cannot do, ENDA appears to be a good idea to protect the rights of employees who are discriminated against because of their gender identity. However, a significant number of groups have already criticized it. If you want to know more information about the ENDA, you can consult a legal expert in your location. If you live in Los Angeles, you can call an Los Angeles Employment attorney and ask additional details about the ENDA and other anti-discrimination laws. 


]]>Thu, 30 Sep 2010 19:03:09 -0800http://legalservicesinlosangeles.weebly.com/2/post/2010/09/liability-of-employers-in-religious-discrimination-cases.htmlYou are entitled to choose your own religion and have personal beliefs. If you were unjustly treated in the workplace because of it, you may sue your employer for religious discrimination.
 
Under Title VII of the Civil Rights Act of 1964, employers cannot discriminate against an applicant or employee because of his religion. This means they are prohibited from using this factor as a basis when deciding if an individual will be hired, fired, promoted, or given additional benefits.
 
Title VII applies to employers who have at least 15 workers, including both local and state government, as well as employment agencies, labor organizations, and the federal government.
 
Although religious discrimination is strictly prohibited by the law, some employees are still subjected to illegal employment practices because of their beliefs. In fact, about 3,273 religious discrimination complaints were filed with the Equal Employment Opportunity Commission (EEOC) in the Fiscal Year of 2008.
 
The agency was able to give at least $7.5 million in monetary benefits to the victims and charging parties after resolving about 2,727 complaints. 
 
Employee Rights
 
As an employee, you should be aware of your rights so that you can protect yourself from religious discrimination. You can take immediate action with the help of a Los Angeles Discrimination attorney if your employer violated your rights or prevented you from exercising them.
 
It should be noted that religion covers the practice of certain beliefs, not protected characteristic like age, gender, or race. This means you may be required to express your faith by doing different things like wearing a hijab or eating certain foods.
 
Title VII requires employers to:

• Take precautionary steps in order to prevent religious discrimination in the workplace. They can prevent employees from performing discriminating against each other by imposing a strict anti-discrimination policy and implementing an efficient investigation procedure.
• Be fair when screening applicants. They should base their decision on the person’s qualities and work background, not on his religion and beliefs.  However, they may refuse to hire an applicant who is a member of a certain religion if the job in question requires them to do so.
• Allow employees to express their religious beliefs, provided that the company will not suffer from undue hardship because of it.

If your employer failed to do his obligations Under Title VII, he may be held liable in a religious discrimination case. Before suing him, you should first gather enough evidence against him. In order to know if you have a strong case against him, do not hesitate to consult a Los Angeles employment attorney. 


]]>Tue, 21 Sep 2010 18:21:45 -0800http://legalservicesinlosangeles.weebly.com/2/post/2010/09/eeoc-hearings-understanding-the-claims-and-appeals-process.html The Equal Employment Opportunity Commission (EEOC) is a federal employment agency that protects employees from discrimination in the workplace. Employees who experience any form of injustice may contact the EEOC to solve their problems. However, EEOC claims and hearings follow a definite legal process that all complainants should acknowledge. Here is how the EEOC goes through the claims process:

• Filing of the case by the complainant – Before filing the case, the employee should first have enough evidence against the other party. If he has enough proof, the EEOC would begin the investigation of the situation.
• The administrative judge sends the Acknowledgment of the complaint and an Order of deadlines – After the investigation, the EEOC asks an administrative judge to handle the case. Afterwards, the judge would send a letter to both parties, informing them of the case and schedules of hearing.
• Proposal of settlements – In this stage, one or both parties may propose a settlement to resolve the case without going to trial.
• Discovery stage – This is when both parties would get evidence against one another. Then, a schedule for the hearing would be released.
• Hearing – The administrative judge presides the hearing and determines which side wins the case.
• Issuance of the administrative judge’s decision – A copy of the judge’s decision would be issued to the two parties, usually days after the decision has been made.

If the decision was unfavorable, the complainant can file an appeal not more than 60 days after the receipt of the decision. The EEOC appeals process also undergoes several steps before the reviewer makes a decision. The first thing the complainant should do is to file a request for hearing. Once the EEOC receives your letter, they would let you choose your representative. Then, a notice would be sent to both parties informing them that an appeal has been requested and approved by the EEOC.

After a certain period of time, the appeals court would make their decision regarding the appeal. If the result is still not in favor of the complainant, he can file an appeal for the second time, this time to the Appeals Court, and then to the Employment Tribunal.

Going through the EEOC hearings and appeals process is a very complicated task. In these situations, what the complainant needs is a reliable and skilled Los Angeles employment attorney to back him up. With a discrimination lawyer as his representative, it would be much easier for the employee to win the dispute case.

]]>Fri, 17 Sep 2010 21:26:33 -0800http://legalservicesinlosangeles.weebly.com/2/post/2010/09/top-5-elements-of-an-effective-internal-employment-discrimination-investigation.html If there is a discrimination complaint from one of your employees, your actions following the complaint could dictate if there will be a swift resolution or if the company will have to defend itself from discrimination lawsuits.

Internal employment discrimination investigations are very sensitive in that you have to come up with a resolution that will be acceptable to the parties involved.

Now the question is how you are going to achieve that.

To help you, here are some elements that you should consider when conducting an internal employment discrimination investigation.

1.    Planned and structured investigation process

Even before any complaint has been filed, you should already have a proper grievance system where employees can file their complaints of discrimination or other employment concerns.

Once you received a complaint, there must be a planned and structured process that you can follow for the investigation.

This includes the schedule of interviews for the parties involved like the:

• Accuser
• Accused
• Potential witnesses
• ·Supervisors and managers of the accused and accuser

There must be a step by step process from the interviews up until the decision and resolution.

2.    Objectivity and Fairness

Make sure that you pursue the discrimination investigation with an open mind and do not draw conclusions in the early stages.

Make a decision based on the consistency and cohesiveness, of the testimonies, and the evidence presented by both parties, and not from personal bias.

Assure both parties that the case will be handled in a fair manner.

The decision should also not undermine existing federal and state laws.

To make sure it does not happen, consult with an expert employment law attorney.

3.    Confidentiality

Make sure that any information gathered will not be shared with people who are not involved in the investigation.

Create a separate file for the investigation that is separate from the personal files of the parties involved.

Assure both parties of the confidentiality in the case and tell them that you expect them to do the same.

4.    Guard against retaliation

Assure both parties that they will not be subjected to any form of retaliation due to filing a complaint or just by virtue of being the subject of the complaint.

Tell them that actions will be taken against employees who commit any act of retaliation as it not only violates company policy but existing laws as well.

5.    Explanation of resolution

Whether the decision and resolution you come up with is in favor of the accused or the accuser, an explanation should always be included.

If the decision is in favor of the accused, then you have to tell the reason for the decision to the accuser.

You have to assure the accuser as well that there will be no penalty for filing a complaint against his or her colleague.

If the decision is against the accused, then explain to him/her the reason to show that whatever penalties given is justified based on existing company policies and federal and state laws.

However, before deciding on the case, consult an expert employment  law attorney to make sure that everything is legal and to makes sure that you are not opening your company to more employment lawsuits.

 

]]>Mon, 13 Sep 2010 23:06:12 -0800http://legalservicesinlosangeles.weebly.com/2/post/2010/09/frequently-asked-questions-faqs-on-severance-agreement.html A severance agreement is a contract between the employer and the departing employee.

In a severance agreement, the employer gives the departing employee financial consideration in exchange for some legal conditions.

Usually in a lay off, employers provide additional compensation to employees in exchange for agreeing not to file a lawsuit. When an employer plans to fire a worker, a severance agreement serves as a preventive measure against litigation from an angry worker.
 
Here are some frequently asked questions (faqs) on severance agreement:
Q: What are the conditions stated in a severance agreement?
A: A severance agreement may include the following conditions:
1. Upon receiving the special compensation package, the employee agrees not to file a lawsuit against the company.
2. The employee agrees not to compete against the company by working with a known competitor.
3. The employee agrees not to disclose trade secrets and surrender all information materials to the company.
4. The employee waives his other employee rights upon receiving the severance pay.

Q: What are some things to consider before signing the severance agreement?
A: An employee can use the following guidelines:
1. The amount offered should be sufficient enough
2. The employee is equally provided a release from the employer's right to sue against misconduct or harassment. The agreement must specify the provisions that related to discrimination or harassment.

Q: How much does the employer give in a severance pay?
A: The amount can vary depending on the conditions stated in the agreement. It is also affected by the following factors:
1. The number of years that the employee has rendered for the company
2. The quality of the employee's contribution
3. The reason why the employment relationship ended.
4. The financial situation of the company

Q: Are employers required to give severance pay to departing employees?
A: No, but most employers do provide severance pay. Examples of situations wherein an employer typically provide severance pay are:
1. Lay off
2. Older employees who need retirement benefit
3. Full-time employees
4. Employees belonging to a protected class

While employers are not required to provide a severance pay, it is still an effective means to prevent a discrimination or harassment lawsuit against the angry employee.

If your employment contract is terminated, and your employer offers you a severance package, you have the right to have up to two weeks of time to decide. The amount must justify the condition for giving up your legal rights.

Your employer is prohibited from threatening or forcing you to sign such waiver or agreement. It is advisable to consult an Employment Law Attorney to help you weigh your legal options carefully.

 

]]>Wed, 08 Sep 2010 20:00:59 -0800http://legalservicesinlosangeles.weebly.com/2/post/2010/09/faq-on-preventing-employment-discrimination-for-employers.html If you want to avoid discrimination lawsuits, then you have to take measures that will prevent it from happening in your company.

Preventing discrimination in the workplace starts with understanding what constitutes discrimination and what does not.

To help you, here are answers to some frequently asked questions about workplace discrimination:

How do you determine if an employment decision is considered discriminatory under the law?
You will know if an employment decision can be considered discriminatory if it is made based on the association or membership of the employee to a certain protected class.

Federal laws specify which class they protect such as:

• Article VII of the Civil Rights Act of 1964 – Protected class are race, religion, sex, and national origin.
• Americans with Disabilities Act (ADA) – Protects qualified employees with disabilities
• Age Discrimination in Employment Act (ADEA) – Protects employees 40 years old and above.
• Equal Pay Act – Protects employees of any gender from receiving less pay for the same amount of work.

California’s Fair Employment and Housing Act (FEHA) provide protection to the same classes and even include more specific classes such as gender identity and marital status.

 To be on the safe side, make employment decisions based on the employee’s performance and credentials alone.

Are small businesses included covered in anti-discrimination laws?
Except maybe for the Equal Pay Act, which covers virtually all employers, small business may be exempted from most anti-discrimination laws by virtue of the number of their employees.

Most anti-discrimination laws require an employer to have a certain number of employees to be covered such as:

• Article VII of the Civil Rights Act of 1964 – 15 or more employees
• ADA- 15 or more employees
• ADEA – 20 or more employees
• Cal – FEHA – 5 or more employees

If the employer has less the required number of employees, then they are not covered by the law.

Are English only rules discriminatory?
English only and other language restrictions such as those in regards to fluency and accents are usually considered national origin discrimination.

There are exemptions though such as:

• If the accent interferes with the employee’s ability to perform job
• If fluency in English is essential for the effective performance of the duties under the position
• English only rules can be used to promote safety or efficient operations in the workplace.

As an employer, do I have to provide all requested accommodations?
No, you just need to provide accommodations that are reasonable and will not cause you undue hardships.

A requested accommodation can provide undue hardships if it meets any of the following:

• It requires high administrative cost
• It affects other employees’ rights in the workplace
• It affects performance and efficiency
• It results in additional workload for other employees

You should also consult an employment law attorney for all your questions about preventing discrimination in the workplace.

Aside from, legal advice, an employment law attorney can also help you in creating anti-discrimination policies that is compliant with existing federal and state laws.

]]>Mon, 06 Sep 2010 17:24:56 -0800http://legalservicesinlosangeles.weebly.com/2/post/2010/09/the-need-for-reasonable-accommodation.html If you have a serious illness or a physical disability that affects your job or your work performance, your employer, under the law, is required to make reasonable accommodation to help you do the crucial tasks of a job, except for certain reasons. Failure to accommodate for disability may entitle you to file a lawsuit for damages.

Under the laws that deal with disability discrimination in the workplace, such as the federal Americans with Disabilities Act or ADA and the California Fair Employment and Housing Act or FEHA, it is prohibited to discriminate against individuals who have disabilities. These laws also require employers to accommodate the disabilities of employees, as well as applicants, when possible. If an employer failed to accommodate a disability, it can lead to damages separate from disability discrimination, under FEHA.

To further understand this issue, it is important to know some information regarding reasonable accommodation.

What is Reasonable Accommodation?
Reasonable accommodation is any adjustment or modification to a workplace or job that allows a qualified employee or applicant with disability to take part in the process of job application, to be able to carry out the essential tasks of a job, or to take pleasure in the privileges and benefits of employment equal to those that are enjoyed by employees who have no disabilities. Reasonable accommodation may include, but are not limited to, the following:

• Job restructuring
• Reassignment to an available position
• Providing interpreters and readers
• Modifying or providing devices or equipment
• Adjusting work schedules
• Modifying or adjusting company policies, training materials, or examinations
• Making the work environment usable by and readily accessible to individuals who have disabilities

Here are some examples of reasonable accommodation:

• An employer lowers the height of a desktop to accommodate an employee in a wheelchair.
• A worker with a hearing impairment may need TDD telephone equipment.
• An employer provides a quiet workplace free from distraction for an employee who has attention deficit disorder.
• A construction worker sustained an injury and becomes disabled, and as a result, cannot do the same work. His/her employer has to find another job that can be performed by that worker, or alter the existing job requirements.
• A pregnant employee gets orders from her doctor to limit physical activity and cannot be required to perform her job for eight hours a day. She has to be allowed to do light task part of a day or work less hours and still receive full pay.
• A clerical worker asks for a new ergonomic chair after undergoing back surgery as the old one causes severe pain. The employer is required to grant this request.

Employers are required to give reasonable accommodation to qualified applicants or employees who have disabilities, unless the employer can prove that the accommodation would be an “undue hardship.”

What is Undue Hardship?
You do not have to give reasonable accommodation if it would cause undue hardship, meaning it would need significant expense or difficulty.  There are a number of factors that determine whether an accommodation qualifies as undue hardship, including:

• The price of the accommodation;
• Your business’ size and financial resources;
• Your business structure; and
• The effect the accommodation might have on your business.

Failure to Accommodate for Disability
If your employer did not give you reasonable accommodation even though it does not cause undue hardship, you may possibly have grounds for a lawsuit, as his/her failure to accommodate for disability may be regarded as against the law. It is advisable to seek assistance from a competent employment law attorney t o help you in all your legal concerns.


]]>Thu, 02 Sep 2010 17:12:04 -0800http://legalservicesinlosangeles.weebly.com/2/post/2010/09/rights-of-at-will-employees-against-wrongful-termination-in-california.html Traditionally, at-will employees are not afforded the rights to contest their termination.

The employers are supposed to have the right to terminate an employment contract for any reasons.

In turn, the employee can do the same; he can leave his job for any reasons as well.

However, this also places the at-will employee at a disadvantage because they can be fired even for unjust reasons.

Fortunately, under the rights of At-will employees in California, these workers are now also protected from malicious and wrongful termination.

There are three exemptions that can be used as grounds for wrongful termination; those are:

Contract Protections

If a contract is formed between the employer and the employee that termination has to be a result of just cause, whether it is express or implied, then the terms must be followed.

Express contracts are not as difficult to prove as it is usually in verbal or written form.

Implied contracts, on the other hand, is an entirely different matter.

Implied contracts can be agreed upon through non verbal actions instead of explicit words.

One of the most common ways to prove implied contracts about just cause is to check the employment handbook or manual.

If it indicates that no employee can be fired for unjust cause then that can serve as proof of the employee’s implied contract with the employer.

Covenant of Good Faith and Fair Dealings

Under California law, employers are required to practice good faith and to deal fairly with their employees.

The courts may have different interpretations on the matter, but generally it can mean either of the 2:

·         Employment decisions such as termination should be based on just cause

·         Employee terminations that are performed in bad faith are considered illegal

Undermining Public Policy

If the employee’s termination undermines existing federal and state laws, then it is considered illegal.

Remember, federal and state laws take precedent over company policies so employees cannot terminate you for following public laws.

Some examples of this type of exemption are termination due to employee’s participation in discrimination investigations against the company.

Under federal and state anti discrimination in employment laws, employers are prohibited from retaliating against an employee for filing a complaint or participating in a discrimination investigation.

So even if the company has a policy that prevents employees from reporting discrimination complaints, that rule will be considered null and void by the courts due to its conflict with existing laws.

GETTING HELP

At-will employees are now given rights against wrongful termination but the burden of proof would still fall on him as the plaintiff.

An employment law attorney should be consulted for legal advice. You can check the profile of an employment law attorney at LinkedIn.

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