Law Offices of Lauren Abrams blog

Workplace Discrimination Archives

Cancer and workplace disability discrimination

According to a recent study, the occurrences of workplace discrimination against employees that have cancer have not been eliminated despite the changes made to the Americans with Disability Act in 2009. However, oncologists can provide valuable advice to workers and employers in California so that reasonable accommodations can be made.

Employers may be engaging in age discrimination

A study led by a professor of economics at the University of California, Irvine, indicates that older individuals may have a hard time getting hired. The researchers determined that individuals who were older were far less likely to be contacted by employers than younger applicants. Further, the issue seemed to worsen the older an applicant is.

Pregnancy discrimination and reasonable accommodation

People in California who are pregnant may not be aware of their workplace rights and what constitutes discrimination. Title VII of the Civil Rights Act makes pregnancy discrimination illegal even though in South Dakota, lawmakers voted that employers did not have to make certain accommodations for pregnant employees. However, an employer is not supposed to fire, penalize or deny a job or promotion to a woman because she is pregnant.

California law is strict on religious discrimination

The law may view an employee who is exposed to harassment or a disagreeable working situation because of his or her religious beliefs as a victim of religious discrimination. While offhand comments or incidents involving simple teasing are not considered unlawful, repeated offensive remarks about religious beliefs might be, especially when they create a hostile work environment. Claims for religious discrimination are normally filed in Federal Court, but in California, state law provides better protection for harassed workers due to its strong, clear language.

Most EEOC discrimination complaints are for retaliation

The Equal Employment Opportunity Commission helps California residents to seek appropriate compensation after they have been unlawfully discriminated against at work. While most employment discrimination cases are resolved with out-of-court mediation and settlements, some cases go to trial. In fiscal 2016, the EEOC has a 76 percent success rate for mediated cases and a 90.6 percent success rate for litigated cases.

DOJ updates and clarifies immigrant discrimination rules

The Civil Rights Division of the U.S. Department of Justice has published final rules defining protected individuals and unfair practices during hiring. This language adds clarity to laws that the federal government has established to protect foreign nationals working in California and across the country.

Understanding sexual harassment in the workplace

Are you dealing with sexual harassment at work? If you are faced with unwanted sexual conduct, including dirty jokes, sexual banter or exposure to pornography, you could have a legal basis to file a claim. However, not every sexual remark can lead to a strong sexual harassment lawsuit. Learn more about how sexual harassment in the workplace is defined so that you can take appropriate action.

Reasonable accommodation for disabled workers

The Americans with Disabilities Act protects the employment rights of many California residents who have physical or mental disabilities. According to the ADA, covered employers are prohibited from discriminating against disabled workers in hiring decisions. They are also obligated to provide disabled workers with reasonable accommodations so that those workers are not limited in the tasks that they can do at work.

Discrimination laws and bathrooms

Transgender awareness and the rights of LGBTQ individuals has increased remarkably in recent years. This is especially true in California. Transgender individuals face discrimination, which has forced a redefining of what is considered sexual discrimination and how both biological sex and gender fit as protected classifications.

"Ban the box" may lead to more racial discrimination

For California residents who have recently been released from prison, finding a job can be a challenge. They have criminal records that could be found by potential employers and gaps in their employment histories that may be difficult to explain at interviews. In an effort to help ex-prisoners avoid discrimination while they look for work, some cities and states have instituted 'ban the box" policies for job applications.

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