Los Angeles Employment Law Blog
In response to hundreds of years of systemic racism, millions across the country are protesting. Many are protesting against police abuse and are calling for police defunding. While protesters are exercising their First Amendment rights to assemble and to free speech, it is important that you understand the difference in your rights under constitutional law and whether you have job-protected rights that stem from your protesting activity.
With COVID-19 leading to millions of layoffs and an economy in a downward spiral, some employers may be tempted to use the virus as an excuse to target particular groups of employees, hoping that their illegal actions will be masked by the current virus. If you or a loved one was recently laid off and you suspect it was because of a discriminatory reason, you may have a claim for illegal discrimination.
The U.S. Supreme Court ruled on Monday that Title VII of the 1964 Civil Rights Act protects LGBTQ employees from discrimination on the basis of gender identity and sexual orientation. In a 6-3 ruling, the majority held that such discrimination is the same as discrimination based on sex. A great step toward ensuring that nobody loses their job because of who they are and who they love!
As state and local governments across the country debate the merits of America’s grand reopening, employees continue to express concern over whether returning to their place of employment will subject them to heightened risk of contracting Coronavirus and either becoming seriously ill or spreading the disease to their families.
You cannot be treated differently from your fellow employees because of Coronavirus. You cannot be excluded, told to go home (while everyone else stays at work), told to stay at work (while everyone goes home), told to go get blood tests for the virus or treated differently because your employer “thinks” you might have, or be carrying a strain of, the virus.
There can be a lot of excitement when you learn that you are expecting a child. However, the situation might become tainted if your employer responds inappropriately to the announcement. Laws in the United States protect women from workplace discrimination for the duration of their pregnancy.
According to federal data, workplace retaliation is alarmingly common in California and across the United States. For instance, the Equal Employment Opportunity Commission reported that it received 39,469 charges of retaliation in 2018, which accounted for over 50% of all complaints filed that year.
Generally speaking, employees in California can’t be discriminated against based on their sexual orientation. A former Goldman Sachs employee says that he was terminated after making a discrimination complaint. The man was the leader of the company’s LGBTQ network and openly gay. According to the former employee’s lawsuit, poor marks were included in his personnel file by his superiors. It is claimed that these remarks were intended to serve as justification for his eventual termination.
Veterans in California are protected against job discrimination based on their military service in the same way that people are protected from discrimination based on race, national origin and other protected characteristics. There is also a law in place that allows them preferential treatment when it comes to federal employment.
California residents should be aware of a proposed law that could make it much easier for victims of workplace age discrimination to pursue monetary damages in court. While the Protecting Older Workers Against Discrimination Act (POWADA) has been proposed many times over the past decade, some analysts predict that it could be passed this year.
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