California has many administrative agencies that protect all employees and allows them to pursue claims against their employer when their legal rights are violated. These agencies are often referred to as “labor law boards”, even though there is no agency in California with such a name. These boards treat, manage, and investigate certain workplace disputes and complaints similarly to a court, and most complaints against employers are brought before these agencies. This post will take you through the major agencies in California that are involved in labor and employment disputes, and also offer resources on how you can file a claim with them.

IDENTIFYING THE RIGHT LABOR LAW BOARD TO FILE YOUR COMPLAINT

Although California has many agencies, there are two major agencies used for workplace disputes. They include:

• The Department of Fair Employment and Housing
• The Office of the Labor Commissioner

Each of these two labor law boards has a distinct process for filing claims or complaints, and the types of issues they handle are generally specific. To choose the right agency, employees need to correctly identify the best labor law board for their case and ensure it is within the jurisdiction of the agency for proper complaint procedure. This is the first step in bringing a claim against the employer.

THE CALIFORNIA LABOR COMMISSION AND THE CLAIM YOU CAN FILE WITH EACH

The California Labor Commissioner’s office works to enforce minimum labor standards in workplaces across the state. The Labor Commissioner and their deputies are appointed by the governor of the State of California and have a legal right to visit all companies in California to help the board investigate, resolve, hear all claims under its jurisdiction and enforce California labor laws. Perhaps most importantly, the Labor Commissioner has the power to give a ruling on disputes that involve wages and hour complaints. Some of these claims include:

• Unpaid wages
• Unpaid commissions
• Unpaid vacation wages
• Unpaid minimum wage
• Failure to be paid for agreed benefits
• Unpaid overtime
• Distribution of pay stubs
• Rest and Meal break violations
• Failure to pay wages on time after employment’s termination
• Unpaid split shift pay (this is necessary when two(2) different work periods are separated by more than an hour meal break)
• Unlawful deductions from a paycheck
• Un-reimbursed business operating costs
• Late payment or failure to pay final wages

To sum up, the office of the Labor Commissioner manages wages and penalty claims as well as other employees’ demands for compensation from their employer. Furthermore, the Labor Commissioner’s office can also hear certain types of whistleblower and retaliation/discrimination claims. However, they must involve claims that the employer took unfavorable employment action against the worker (or any job candidate) probably because they are involved in some protected conducts. The office of the Labor Commissioner can give a ruling some whistleblower claims, but not all types of whistleblower claims. The detail of this is beyond this post.

THE DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING AND THE CLAIMS WITHIN THEIR JURISDICTION

The department of fair employment and housing may be the best place to file a complaint if an employee feels they have been discriminated against. Discrimination usually arises when some protected people or protected class are treated differently based on certain characteristics or attributes. A few instances of discrimination may include unwanted touching, jokes that are inappropriate, unjust compensation, poor working conditions, and job assignments.

The California’s Fair Employment and Housing Act (FEHA) offers the most protection to employees (regardless of their numbers working in a company), and eliminates discriminatory employment practices. Under the California Fair Employment and Housing Act, employers are prohibited from discriminating against or harassing employees, job applicants and certain groups of people on the basis of their color, race, sexual orientation, religion, ancestry, age (40 and above), medical condition, disability, harassment, sex (including pregnancy), marital status, genetic information, origin (including language constraints), military and veteran status. Any other issues that involve unfair treatment or treating an individual differently fall under their jurisdiction. Most times, retaliation usually follows discrimination and harassment.

WHAT IS RETALIATION ALL ABOUT

Retaliation arises when an employer or an agent acting on behalf of the employer react unfavorably or engages in unlawful behavior against an employee for filing a claim about some sort of discrimination/harassment or worker’s compensation, or for helping other employees in these complaints. Retaliation can also arise when an employer or an agent acting on behalf of the employer takes adverse actions against a worker for reporting unlawful behaviors by their employer – an act also known as whistle blowing.

Retaliation can come in many forms. For instance, if the employee files a claim and the employer or an agent acting on behalf of the employer then fires the employee because of the claim, then that would be retaliation. At times, the employee does not have to be fired to prove retaliation. Another instance is when an employee takes days off to look after an injury sustained in the workplace and the employer penalizes the employee, maybe through wage reduction. Under California law, this is prohibited. To prove retribution, an employee must show that:

1. The employer engaged in an unfavorable employment action, like firing the worker
2. They engaged in behavior that is protected under the California labor code (filed a worker’s compensation claim) and

• There was a connection between (i) and (ii) above.

The Fair Employment and Housing Act prohibits employers or an agent acting on behalf of the employer from retaliating against employees on these grounds. When the Fair Employment and Housing Act is violated, employees have a right to file a complaint with California’s Department of Fair Employment and Housing (the DFEH).

DFEH Versus DLSE

The DLSE and the DFEH work in the same way in that they both have the power to look into an employee’s claims and work with the employer to resolve any unlawful or illegal activities. However, the major difference is in the types of claims that the two agencies handle.

WHO CAN FILE A CLAIM WITH THE LABOR BOARD?

Any former or current employee or job applicants can file a claim for labor law violation, in relation to any part of the labor law as established in California by the Industrial Welfare Commission. The Labor law board will not query your immigration status nor report it to other government agencies. There is also no need for a social security number or photo identification to file a report for labor law violation. If your complaint is selected for investigation, your report will be kept confidential to the maximum extent possible under the law.

WHEN TO FILE A CLAIM WITH THE LABOR BOARD

The California labor law board maintains a listing of California laws that prohibits the denial of employee’s legal rights. If you have any issues affecting your working conditions in California, or you are discriminated against and harassed or you are seeking to get your legal unpaid wages, you have the right to file a claim with the appropriate California labor law board in a timely manner. Depending on the instances, reports must be by the statutory deadline. Talk to an attorney as to when that is. If your complaint is about:

• an oral agreement, you have a deadline to file by statute to file a complaint from the violation date.
• law or regulation in place (such as a minimum wage or overtime violation), you have a statutory deadline from the date of the violation to file a complaint.
• a written agreement, you a statutory deadline from the date of the violation to file a claim

The Labor law board prioritizes and investigates wage theft and other labor law violations. If the deadline is missed, you may be able to file a private lawsuit instead of filing a complaint. You should consult with an employment attorney for more details.

HOW TO FILE A COMPLAINT WITH THE LABOR LAW BOARD

After correctly identifying the type of claim and the best administrative agency that can hear the case, the employee can go ahead with preparing their complaint. The employee must:

• Determine the laws that the employer violated
• Collect any information that shows the employer took action against them because they exercised their labor rights.
• File any change in their employment conditions after they have exercised their rights, such as demotion or pay reductions.
• Collect documents to evaluate their employment conditions before that moment, such as timesheets, pay stubs, personnel commendations, notes, or evaluations, or other r
• ecords.

Reporting A Claim

To report a claim, the employee can either take or mail the complaint form to the Labor law board that handles the particular claim for the employee’s city or location where the employee performed the work that led to the complaint. Whichever way, the employee should make sure to complete the following steps:

• Download and print out the claim or complaint form.
• Complete the form in its entirety and ensure you provide all information requested to the best of your knowledge to avoid delays in processing, then sign and date the form.
• Attach copies of any supporting documents to your complaints. Do not send the original copies.
• Mail the completed complaint form and the supporting documents to the Labor law board
• If you are filing a workplace health and safety complaint, you may have additional protections.

It is advisable that the employee consult an employment attorney before filing their complaints just to ensure all their facts are correct, the claim is feasible and timely, and that the justice system is respected.

DETERMINATIONS

The California labor board will conduct a thorough investigation after you file your claim. And if the determination finds your employer guilty of any labor law violations, the board will send you a written determination by mail and require your employer to comply with it within 30 days. Otherwise, the Labor law Board will file a lawsuit against your employer to enforce the demand for relief. The relief may include:

• Reinstatement to your former job position
• Interest payment on the back pay
• Payment of any wages lost for wrong suspension, demotion or employment termination
• Payment of penalties for each violation
• Removal of any reference to the negative action in your employee file
• Cease to violate your labor rights in the future

WERE YOU SERVED A NOTICE FROM THE CALIFORNIA LABOR LAW BOARDS?

If you receive any complaint through the labor law boards, you need to know your rights before an employee sues. Most business owners or employers often neglect labor laws or potential risks to their business until a lawsuit shows up. Employees that might have seemed satisfied may sometimes feel cheated and want to claim what they think they deserve. Therefore, they might sue their employer to see what they can get. The fact remains that employees have little  to lose for doing so, due to the way the system is set up. That is why an employer needs to have a clear understanding of their rights when they get a complaint from the labor law boards. Dealing with the labor law boards is hard and the entire process can be intimidating. Many variables and possibilities can make it difficult to get a good strategy for your case, but we can help you out.

CONTACT UNITED EMPLOYEES LAW GROUP FOR A FREE CONFIDENTIAL CONSULTATION

Whether you are an employee who thinks your legal rights have been violated or an employer who has received a complaint from the labor law board, the experienced team of employment attorneys at United Employees Law Group will aggressively and compassionately listen and protect your interests. We understand your request is unique and we will work to give you the best shot at a favorable outcome. Even if you do not end up hiring us, you will still have good knowledge of the next step you can take. Kindly fill the form below to schedule your free confidential consultation.

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California state legislation has been at the forefront by passing several bills that prevent sexual harassment in the workplace as well as within the state legislature. The package of bills was signed by the Governor of California, Edmund G. Brown on September 30th, 2018. These bills were put in place in support of women, children, working families in California. Many of these bills addressed sexual harassment and discrimination in the workplace and provide sexual training requirement to address professional liability, settlement agreement and enforcement, and strengthen whistleblower protections by including new protection for state legislature workers.

Key Areas Covered By The New Bills

Frequently Asked Questions

Here, we explore the commonly asked questions that might help you:

i) What constitutes harassment at work place?

Harassment at workplace includes any discrimination against age, sex, pregnancy, religion, marital status among other factors.

United Employees Law Group

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As a human being that wants to be treated fairly, you would hope you would never be put into a position as an employee that would deal with getting sexually harassed. Unfortunately, sexual harassment is something that happens every single day.

From small family owned businesses to huge multi-million dollar corporations, sexual harassment can happen anywhere to anyone.

Facts About Sexual Harassment

There are some pretty astounding stats that not only deal with sexual harassment in California but the United States as a whole.

• In 2015 The Equal Employment Opportunity Commission received over 28,000 reports of sexual harassment.

• In another survey, 25% of woman have claimed sexual harassment in the workplace – that means 1 in 4 women. However, the EEOC has taken that a step further and said that those numbers can go as high as 85%. In fact, in 2018 another survey found that the 85% was much closer to the real number than the original 25%.

1- According to this survey which was done by Stop Street Harassment, which could be filled out online, 81% of woman have been sexually harassed. Men on the other hand also saw a staggering 43% of claims.

• The EEOC has also stated that in 2015 victims of the various sexual harassment claims recovered over $165 million! These numbers were due to compensation as well as legal fees.

While all these stats are important, you should also be aware of the two types of sexual harassment that are happening, that way you can educate yourself and know if something is happening that shouldn’t be.

Quid Pro Quo Sexual Harassment In California

Quid Pro Quo is Latin and its literal translation means “this for that.” When talking about sexual harassment in California and the Quid Pro Quo type of harassment, we’re talking about a person – usually, a manager or supervisor making sexual advances, asking for sexual favors, or even hinting at anything sexual in exchange for employee benefits.

These benefits could include items such as:

• Travel Opportunities
• Better Shift Availability
• A Promotion
• Better Pay
• A Better Office

These are not the only instances of quid pro quo, it comes in many forms, it also deals with opposite-sex sexual advances as well as same-sex advances.

A Hostile Work Environment

A hostile work environment is very similar to a quid pro quo sexual harassment, but there are a couple of differences.

Instead of an authoritative figure exchanging or offering up employee benefits, the figure could just give you unwelcomed sexual comments, make advances, flirt with you even though you’ve asked them to stop, etc.

These sexual harassment acts can go from being innocent to pretty extreme, which in turn makes you or your workplace feel hostile, threatened, or offensive. A hostile work environment could also keep you from doing your job properly.

Also, in a hostile work environment, the harasser isn’t always an authoritative figure. Instead, it might be a co-worker or a 3rd party such as the cleaning crew that comes in, suppliers for the company, or even delivery people!

Examples of a hostile work environment can include:

• Repetitive dirty jokes
• Images, Videos, Memes, Cartoons, etc that are sexual in nature
• Emails that are being written with sexual undertones
• Repetitive unwanted touching, rubbing, groping or anything else that is done without your consent.

As if this weren’t bad enough, you might not have even thought about what this can do to a person. If someone is at work and going through this they could start to feel guilt, shame, anxiety, nervousness, depression or even self-blame.

The number of physical, emotional and psychological side-effects are crazy when it comes to sexual harassment in California.

Thankfully a lot of workplaces do have guidelines and rules to deal with sexual harassment and it can come to a stop as quickly as you speak up. Not all workplaces will have policies though, so if you find that you are going through either a quid pro quo or hostile work environment sexual harassment situation and nothing is being done about it, it’s time to hire a lawyer.

A lawyer will be aware of what your rights are and is willing to fight for you and your rights.

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In order to encourage a safe and friendly working environment, the CA state legislature has passed several bills which are meant to curb sexual harassment in the workplace. The bills were signed on September 30th, 2018 by the California Governor Edmund G. Brown Jr.

The act mainly intends to protect women and children who are at risk of sexual harassment and any kind of discrimination at their workplaces. Apart from the harassment, the bills also address a number of issues at workplaces including:

• Sexual harassment training
• Professional liability
• Encourages whistleblower protections

Discrimination and Sexual Harassment

According to the new bills, it is unlawful for an employer or any other employment agency to discriminate and harass employees. The act, which is enshrined in the Fair Employment and Housing Act (FEHA), requires employers to take drastic actions that will prevent harassment and discrimination from occurring at their workplaces.

Some forms of prohibitive harassment that have been outlined by the law include gender-based harassment, sexually-motivated harassment, and pregnancy-based harassment.

Whistleblower Protection

The new bill is also designed to protect the interest of the employees who report any form of sexual harassment or discrimination. The bill protects the whistleblowers from being intimidated, dismissed from the job, or undergoing any form of punishment because of reporting a harassment case at the workplace.

Bystander Intervention Training

The act also requires employers who have more than 50 employees to train their supervisors on the issues of sexual harassment and other forms of discrimination. The training should be done within six months after one has assumed the supervisory role in the organization. This act also requires employers to train their employees on appropriate intervention moves that can prevent further harassment. The skills may cover both physical and mental intervention moves.

The Issue of Minors

FEHA also intend to protect minors who are already working in the entertainment industry. The act requires all the talent agencies to train minors on the issues of sexual harassment and discrimination. The agencies should provide adequate materials that contain these training. The content of the training should be provided in a language that can be understood by minors. They must also be trained on how to respond to incidents of harassment.

Enforcement

The Department of Fair Employment and Housing had been mandated with the responsibility of enforcing the FEHA act. It will receive, investigate and prosecute complaints regarding harassment.

How UELG Can Help You!

United Employees Law Group (UELG) is a law firm that is dedicated to helping employees who are facing all forms of harassment and discrimination at their workplaces. You only need to consult us and we will embark on a process that will ensure you get justice. Give us a call today!

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“Sexual Harassment:…any undesirable act or conduct with sexual undercurrents that adversely affect the beneficiary’s workplace.”

We’re all acquainted with outrageous demonstrations of sexual harassment, for example, a squeeze on the backside, gazing, lecherous comments and disturbing endeavors at touching. With regards to genuine cases of sexual harassment, everybody should comprehend what to do. Report the culprit to the experts as quickly as time permits. This individual is risky and should be dealt with ASAP. Then again, shouldn’t something be said about those little examples of sexual harassment, which make everyone feel weird?

What about when somebody offers an unwelcome: ‘You look hot!’

What about when somebody looks over at you and it feels awkward?

In any case, on the off chance that somebody just discloses to you that you look delightful, is that sexual harassment? In spite of the fact that I, for the most part, vanquish the field of history, this article will look at the issue of sexual harassment in regular day to day existence, how you can separate it from negligible consideration, and what you can and ought to do regarding it.

Cultures Matter

The truth of the matter is, sexual harassment is distinctive to every one of a kind individual. What influences one lady or man to feel sexually awkward may be adequate for another. Culture plays a turn in how extraordinary individuals see sexual harassment. Western culture is more adaptable, yet what may be an ordinary basic joke to an average American may be viewed as sexual harassment to somebody from the Middle East.

The most effortless approach to recognize what is or isn’t sexual harassment is to characterize it. This is with respect to the idea of a connection between those included and to decide if the activity is unsuitable. While two individuals who are close and are companions with each other for quite a long time, which have cooperated AND associated for a considerable length of time, may be happy with sharing a dirty joke among themselves, two individuals who just know each other through work presumably shouldn’t share such a joke.

One individual may consider such a joke hostile or appalling. That can undoubtedly constitute sexual harassment.

Unintended Harassment

A basic, “that pullover looks beautiful” comment given by a male manager to a female representative could be misconstrued, too. While these illustrations are not genuine offenses, they can cause pressure and can yield undesirable results.

Title VII

In 1964, the government extended Title VII, explaining sex separation and sexual harassment parameters. This was a defining moment with respect to what is seen as sexual harassment. As late as the 1970’s, remarking on a lady’s appearance or shape, or a male’s sexual proclivity was acknowledged as normal and even hilarious. Presently we perceive these activities as inconceivable in the workplace.

Title VII has disengaged the working environment, characterizing that specific things are not adequate, for example, “the production of an antagonistic workplace; the conduct of same-sex harassment has been incorporated inside the preclusions; managers have been cautioned that they should embrace grievance systems; and bosses have been held subject to culpable lead notwithstanding when they guaranteed to have not known about it.”

Using HR

Certain offenses ought to be taken to administrators and revealed. Much of the time, sexual harassment can be settled inside the HR division of the work environment through a grievance hearing or a meeting and these kinds of conduct can be abridged. In the event that they don’t stop, common suits and even criminal suits can be recorded in court. These cases are usually not simple and the grievance or trial process aren’t by and large pleasant, however in instances of repeat offenses, they should be managed in an official way.

Basically, genuine instances of sexual harassment must be authoritatively managed and put on the record somehow, so the conduct can be appropriately dealt with. Then again, the less serious cases can regularly be managed on a coordinated premise to talk about any worries. Much of the time, individuals don’t understand that they are sexually segregating or sexually pestering someone else. A straightforward joke or remark to them is only that. They don’t understand that it is rude to you or that it influences you to feel bothered.

The ideal approach to manage this conduct is a direct of correspondence with the wrongdoer.

Dealing With Harassment

By going up against an associate and revealing to them that you don’t enjoy getting hit on, that you don’t consider dirty jokes amusing, or that remarks about how you dress make you to feel awkward, you can often stop the issue from developing further. You don’t need to be mean, simply firm and decided.

As a rule, you will likely get an expression of remorse, and a sincere declaration that it won’t occur again in light of the fact that they did not understand that their conduct was inconsiderate. Keep in mind everybody is distinct in the way they were raised and they might not see things the way that you take them.

By and large, you can utilize this as an instructive tool. You can likewise enable the individual to improve when they figure out how their conduct can be taken as hostile. In the event that such conduct continues legal action must be taken. You should record a grievance to deal with the issue.

Getting Help

Numerous businesses give help with such cases yet in the event that not look for proficient help. The shame of sexual harassment can’t be disregarded, or significant issues, from depression to alcohol abuse, can emerge.

As it is with most mental injuries, however, correspondence quite often is by all accounts the way to mending.

• Speaking with a wrongdoer who doesn’t understand what they’ve done wrong can improve their understanding of the situation.
• Speaking with managers or experts can help take to care of more serious offenses so they never happen again.
• Speaking with friends, family, or a mentor about how the occurrence influenced you can enable you to move beyond it.

There’s a thin line between feeling complimented on your appearance and being harassed. At the point when that line is crossed, you should seek immediate legal aid.

There’s no room in this day and age ANYWHERE for sexual harassment, and now like never before, we have the devices to put and end to such shameful conduct.

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Sexual mistreatment at a workplace is one of the most burning issues being faced by people today. It refers to unnecessary personal remarks, advances or behavior which is indulged into by employees or higher authorities. According to the law, asking for sexual favors or conducting offensive behavior at a workplace is considered as sexual harassment.

If you have been facing a similar issue, you have to take some steps and hire a sexual harassment lawyer. Fighting these things on your own is difficult. Get in touch with United Employees Law Group lawyers to discuss the problems you are facing in the workplace.

Here are some of the steps you should take if you have been facing this issue:

Know the approach
It is crucial to know and understand the person’s approach before concluding anything. As putting these allegations of sexual harassment has to be done with a strong base, try to know and understand what the person is trying to communicate to you. If the issues are related to sex or sexual favors, the person can be punishable by law. Hence, make sure you analyze things right.

Gathering the evidence
Evidence play a major role in the case where sexual mistreatment is involved. For putting your case together, you might have to follow the steps that are asked by you United Employees Law Group lawyers to follow. As everything might not be in black and white, you might have to get proof in cautious manner. That way, your case becomes stronger.

Reacting strongly
In a case of sexual advances, if the complaints go unheard by the management, it becomes crucial for you to react strongly. As a part of it, you must give a proof that you have been touched inappropriately. The culprit can also be prosecuted if the evidence of physical altercation is given by providing medical documents. Sometimes employees are also affected by the display of unwanted affection or inappropriate touching. If you have felt uncomfortable with such things, you must bring it to the notice of your employer at the earliest.

Apart from the problems mentioned above, employment discrimination based on race, gender, religion, disability, etc. is also faced by working people every day in the workplace. If you have been facing any such problems, get in touch with United Employees Law Group.

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Relationships within the workplace are not, per se, considered harassment; but it is plausible for those of a romantic nature to lead to situations that give rise to claims of harassment. Do note that harassment is a form of employment discrimination that involves behavior that is hostile, inappropriate or unwanted within the workplace. The following are the most common ways in which a relationship within the workplace can lead to liability issues:

• Conflict of Interest Claims – Relationships within the workplace can often lead to favoritism. Moreover, benefits, perks, opportunities and work being allocated unfairly or even inappropriately.
• Claims of a hostile work environment – Employees outside of the relationship could plausibly file a claim for hostile work environment should the relationship become the result of physical sexual or verbal behavior within the workplace.
• Claims of sexual harassment – Workplace relationships, especially those between a subordinate and a supervisor can often expose employers to sexual harassment claims. Additionally, targeting and/or coercion can be the result of a romantic workplace relationship that ends under the umbrella of bad terms. Former partners can begin to target their prior mates for humiliation or harassment in the workplace out of pure spite.

How Can Liability Be Avoided Regarding Workplace Relationships?

Liability associated with workplace relationships can be avoided via the implementation of companywide dating policies that are explicit in nature. Implemented policies should be able to prevent the vast majority of problems associated with such relationships as long as they are uniformly enforced and clear. The policies that are most often utilized are as follows:

• Management and Documentation – A policy of management and documentation requires that employees disclose any and all workplace relationships to their superiors or the human resource department. Typically, such employees are required to sign documentation that states that the relationship is completely consensual and there is a complete understanding of the company’s discrimination policies. The employer will then have to conduct a degree of monitoring in regards the ensuring that there is no abuse of power or any amount of favoritism.
• Partial Ban on Workplace Relationships – A partial ban will only prohibit relationships between subordinates and supervisors. This is a ban that is not inclusive of executive members of a company and their desire to date anyone within the company.
• A Complete Ban on Workplace Relationship – This type of ban would prohibit dating between any employee regardless of stature or tenure within a company. This type of ban does pose enforcement issues in addition to problems with how to properly discipline violators.

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The UELG (United Employees Law Group) is a California based employment law firm that is devoted to helping employees who have been subject to discrimination in the workplace. The organization provides assistance to employees through class action in recovering damages and addressing unfair treatment by employers (wrongful termination, harassment, etc.).
Over the years, UELG has incessantly grown in popularity as many of their clients come through referrals from other satisfied clients. They are reported to have handled more than 1500 employment cases, with their clients having been awarded about $250 million dollars.
UELG justly is an authority on California labor law and other California employment law issues. The organization is ever ready to go the extra mile to provide employees with the right resources, so that they may find the help they need. As an employee, you can seek their support if you have a claim under California’s or Federal Discrimination laws. Let’s have a look at cases that are protected under the workplace discrimination laws.
DISCRIMINATION BY REASON OF DISABILITY-
This includes discrimination in hiring, termination, pay rate and raises, promotions, fringe benefits, job assignment, layoffs and training requirements. Federal and state labor laws prohibit any type of harassment of disabled persons (defined under the ADA and the Rehabilitations Act.) in the workplace. This can include undue teasing and offensive comments that are persistent enough to create an unfriendly environment.
DISCRIMINATION BY REASON OF AGE-
This can be a complicated area, so make sure you can prove that the discrimination was done based on age and not just to save money. It is clear prejudice to hire people under a specific age on the pretext of “old people being slower”.
RACIAL DISCRIMINATION-
This kind of unequal treatment can have numerous features. You could be ignored for a less qualified individual of a particular race or consigned to specific employments taking into account your race. This sort of stereotyping IS DISCRIMINATION! Keeping in mind the end goal to have a case for race separation you should demonstrate the valid proofs. In any case, evidence is key.
SEXUAL DISCRIMINATION-
These cases might be brought under the two unique categories. A disparate treatment case includes an association’s arrangement which treats comparatively arranged workers in an unexpected way, in light of their sex or sexual introduction. In disparate impact cases, an individual must demonstrate that the association’s approach, has an unbalanced antagonistic effect on persons of one’s own sex or sexual introduction.

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In every work environment, there are various forms of discrimination that usually take place. The most common is the sexual discrimination in the workplace. Though most people see it as a form of discrimination that only happens to female employees, sexual discrimination also happens to male employees. Another common myth is that sexual discrimination only applies between an employer and an employee. However, this particular discrimination can range from bosses to fellow co-workers or part-time employees.

Sexual discrimination within the workplace, also known as gender-based harassment, can be said to be the discrimination against an individual based on their sexual orientation. For a male dominated the workplace, the female employee might be discriminated against when it comes to allocation of duties. It’s a criminal offence to discriminate against anyone in the place of work as a result of his or her sex. This type of discrimination can be direct or indirect. Direct discrimination is where an employee gets mistreated because of their sex. The indirect sexual discrimination within the workplace occurs when the employers presume what kind of work a particular gender can or cannot do.

The different scenarios of sexual discrimination within the workplace can be one of the following. When someone within the workplace makes unwanted advances in exchange for promotions or keeping your job, using your private information so as to coerce sexual favors, or sexually charged workplace scenarios. These scenarios include offensive jokes get shared throughout the workplace, harassment through social media, or asking offensive sexual inquiries about your sexual identity. Other firms go an extra mile and have different payment rate for men and women. There are other companies that fail to promote women assuming that the male staff won’t respect her as the manager.

The consequence of sexual discrimination within the workplace in California is punishable by law. A firm that practices it might be forced to pay the damages or compensate for any losses the employee suffered. In California, there are laws that protect employees from the degradation that comes with sexual discrimination within the workplace. Though it might be difficult to measure the value on an employee’s feelings and the effect of sexual discrimination, the employment law in California tries to protect employees. The California law prohibits sexual discrimination in both private and public workplaces.

If you, or someone you know, are facing legal issues in the workplace United Employees Law Group has the answers. Call Today for your free and confidential case review. Please feel free to CONTACT US with any questions about this blog or your exact situation.

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Sexual harassment and discrimination are about as old as the workplace itself, what workers don’t know is just how important WHO commits the harassment is. Most employees know that harassment can come from anywhere within the company, but did you know that if it is committed by a manager or executive the company in its entirety can be held accountable for the discrimination or harassment. In addition if a peer or subordinate has committed the offense and management can be shown to have been aware and done nothing to stop it the company may again be held accountable.

Your company actually bares the responsibility to protect the rights and wellbeing of all employees while on the clock. This is why the EEOC takes on cases such as the here. In the case of one receptionist who was being harassed by a patient. We usually consider it the company’s issue if an employee is committing the harassment, but it is responsibility of your employer to protect you at work. The secretary working for the Virginia Community Health Systems was being repeatedly harassed by one of their patrons. Though she reported the problem repeatedly the company continued to place the customer above their employee and refused to remove him or move her to avoid contact comfortably. Because the company’s actions or lack thereof created a hostile work environment they can be held accountable for the damages.

The important detail in this case is the word “REPEATEDLY.” The EEOC stepped in because despite the repeated offenses and repeated requests for remedy the company repeatedly ignored the issue. When your company fails to do the job of protecting the rights and wellbeing of those who work for them organization such as the EEOC must step in.

Does any of this sound TOO familiar?

What are the signs that you may have a case, and what do you do next?

FIRST:  Report your issues IN WRITING as soon as you can, either to your supervisor or the harasser’s, and be sure to report ALL incidents not just one.

SECOND: Get DETAILED, the more specific you are with the incident report as well as the remedy you are seeking the more ground you have to stand on.
THIRD:  ESCALATE; if the manager fails to address the issue right away go to HR they are more likely to be impartial and act quickly.

DO NOT WAIT! If you are dealing with harassment or discrimination at work you need to contact an employment attorney right away. Do not wait for the company to have time to try and cover their tracks or create a different picture of events. CALL UELG today for a completely free, risk free consultation.

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