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.
Because California is an "at will" employment state, your employer can fire you for any reason except those that are against the law, such as mental or physical disability, pregnancy, race or religion. Clearly, you do have some protections. You cannot be terminated, for example, because of your gender or age. Also, it is unlawful for your employer to fire you because of your political affiliation.
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.
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.
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.
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.
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.
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.
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.
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.