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workplace discrimination Archives

Age discrimination in the tech industry

A hearing in a California federal district court on July 26 regarding a class action age discrimination lawsuit against Google revealed that 269 plaintiffs have joined the lawsuit. Software engineers aged 40 and over are alleging that they were not hired by the company because of their age. One reported that a recruiter told her to include graduation dates on her resume so Google would know her age and that she was subsequently not hired as a result.

Big 5 Sporting Goods faces race discrimination lawsuit

Residents of California who have shopped at Big 5 might be interested to know that the sporting goods company has had a lawsuit filed against it by the Equal Employment Opportunity Commission. The lawsuit claims that an African-American employee suffered discrimination at the hands of the manager and other coworkers while he was training to become a manager himself at the establishment.

Understanding religious discrimination at work

Employers in California and throughout the country are barred from discriminating against employees on religious grounds. This protection is afforded to workers by Title VII of the Civil Rights Act of 1964. Employers are generally required to accommodate an employee's religious practices or beliefs unless doing so would create an undue hardship. Examples of accommodations include a flexible work schedule or allowing a worker to transfer elsewhere within the company.

Hispanic umpire claims MLB skips him for promotions

California baseball fans know that umpires often endure angry protests over their calls, but now a Major League Baseball umpire has filed suit against the league for racial discrimination. According to his court filings, the 55-year-old Hispanic man asserts that the league has declined to give him a position umping for the World Series since 2005. Additionally, the league has not offered him a permanent position as a crew chief, instead choosing to designate him as a temporary chief.

Who constitutes an employee in discrimination cases

Whether an executive should be treated as an employee or an employer in a discrimination case is a hotly debated question. If a California executive is not deemed to be an employee, that person is not covered under anti-discrimination provisions of Title VII of the 1964 Civil Rights Act. In fact, that executive may not be covered under most anti-discrimination legislation.

Panda Express pays $600,000 for employee discrimination

Headquartered in California, Panda Express has over 1,900 locations and 30,000 employees. The fast food company was involved in an employee discrimination lawsuit involving workers' immigration status. Legal permanent United States residents were obligated to show proof of their status when their documents expired. They also had to resubmit the documents a second time despite having already done so. The case was considered discriminatory because workers who were United States citizens were not required to show proof of their status at the time.

Military service members have workplace protections too

For three seasons out of the year, the sky is blue. But, with Independence Day upon us, summer can have us seeing red and white on the horizon too. When we think back to the founding of our country, we remember the people who fought and died for our freedom. They were Minutemen - citizens ready at a moment's notice to serve our country's highest ideals.

Job search errors some older adults make

Baby boomers in California may face some additional hurdles when job hunting because some employers are biased against older employees. However, there are also some common errors job seekers may make. For example, using an older email service as an email address may make it look as though the job seeker is lagging behind from a technological standpoint. Failing to have an online profile can give a similar impression. Job seekers should set up a LinkedIn account so employers can look them up.

How Title VII and Section 1981 differ

When an employee in California or elsewhere pursues an employment discrimination case, it may fall under Section 1981 or under Title VII. While both laws are similar, Congress and the Supreme Court have considered them to be distinct from each other. The major difference between the two statutes is that Section 1981 prohibits blatant discrimination while Title VII prohibits discrimination even if there was no intent to discriminate.

The concept of the similarly situated employee

California workers who file discrimination lawsuits against their employers may need to identify a similarly situated employee who was treated differently. The idea of the similarly situated employee may differ if the case is a class action one, but for an individual complaint, a similarly situated employee is someone who is comparable in several ways. Factors such as experience level, supervisor, performance evaluations and job duties may make another worker a similarly situated employee.

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