Los Angeles Employment Law Blog

You and a co-worker might have started off sharing some innocent-seeming banter, the occasional joke that made you blush and even some light-hearted flirting. Now, however, your co-worker’s behavior seems to be gradually escalating, and you are starting to get uncomfortable with the jokes and flirtatious touching. You might have told your co-worker to back off, only to have him or her ignore your requests or continue the behavior after a few days or weeks. Like many other Californians who are going through the same thing, you might wonder if you are a victim of sexual harassment.

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.

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.

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.