Los Angeles Employment Law Blog
Employees in California and throughout the country generally have a right to a workplace that is free from harassment. Yet roughly one-third of Native Americans say that they have been subject to harassment while on the job. The harassment comes in many forms, such as hearing slurs or other offensive comments or being threatened with violence. The survey was conducted for National Public Radio as well as other parties such as the Harvard T.H. Chan School of Public Health.
Many Californians have been the victims of sexual harassment, and some may have participated in the online #metoo campaign. As stories abound in the media about powerful figures being accused of sexually harassing and assaulting women, some victims might wonder what they can do if they are being harassed at their jobs.
Workplace sexual harassment is a prohibited form of sex discrimination under both California and federal law. Despite the prohibitions against it, sexual harassment remains as a pervasive problem. People who are the victims may also not know what they can do when they are being harassed.
In California and elsewhere, the tech industry has skewed towards Millennials. While older engineers are often highly-qualified, many are concerned that they could lose their jobs. According to a study that surveyed 1011 U.S. tech workers who are currently employed, those over the age of 40 were worried about age discrimination because so many tech workers are significantly younger.
Not every worker has rights to protections under the federal Family Medical Leave Act (FMLA). Rather, the benefit derives as such a right after a worker puts in some work time for a particular employer. Whether they are for medical issues that need healing time or the birth of a child or adoption where bonding time could be a grounds for FMLA leave, planning for meeting the time-worked requirement is key. The same is true of the California Family Rights Act.
Thirty percent of all college-educated employees who work in white-collar jobs have a disability that is listed under the federal definition. According to a study conducted by the Center for Talent Innovation, only 21 percent of workers who have disabilities actually report them to the human resources department at their place of employment.
Job hunting in California and throughout the country is often a nerve-racking experience. In addition to having to sell oneself to an employer, job hunters are frequently asked a number of personal questions, including queries about previous salaries.
In California, companies will soon be required to file information about gender wage differences. Starting on July 1, 2019, this information will be submitted biennially, and it will be published online for public viewing once proper protocols have been established. Specifically, employers required to comply with this requirement must show the difference between mean and median wages between male and female exempt employees.
Wage discrimination based on the gender of employees is illegal in California. People whose jobs require similar work must be paid equal amounts as those of the opposite gender unless an exception applies. Under the Fair Pay Act, both private and public employers are prohibited from discriminating against workers in their pay on the basis of their genders.
Most older employees in California work hard to further their careers. Yet, despite putting forth their best efforts while on the job, these workers aren’t able to secure promotions, raises, or other opportunities. While there are many reasons that a career may stall, age discrimination is sometimes a factor. Unfortunately, some companies have developed a youth-oriented culture that can translate into an ageist workplace.
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