If you are a California employee, federal and state employment laws protect you from workplace discrimination. This means that if your employer subjects you to unlawful negative treatment based on your membership in a protected class, you may be able to file an employment discrimination claim. While federal laws protect certain classes from discrimination and harassment, California state law extends these protections to additional classes of people.
A jury has awarded a Los Angeles Police Department (LAPD) detective $1.5 million after he sued the city for workplace retaliation. The Los Angeles Times reports that LAPD Detective Jamie McBride claimed that he was denied advancement in his career because he refused to sign a false statement that was prepared by a federal prosecutor. McBride has been working for the LAPD since 1990.
The U.S. Equal Employment Opportunity Commission (EEOC) recently released its 2016 enforcement and litigation data. During fiscal year 2016, the agency secured more than $482.1 million for workers who were subjected to discrimination in private, state and local government, and federal workplaces.
The agency also released the number of discrimination charges it received by state. Of the 91,503 nationwide charges in 2016, 5,870 of them were filed in California alone.
If you are in a situation where you are being harassed or discriminated against in the workplace, it is important to know that it is possible to sue your California employer while you are still employed. Do not think that quitting your job and getting justice are two mutually exclusive options — you can remain employed and file a lawsuit against your employer.
Many workers who have faced discrimination or harassment at work get to a point where they have had enough. They may have formally complained to management or human resources, but have gotten nowhere. As this can be frustrating, some employees opt to take things into their own hands and hire an employment law attorney to file a claim against their employer.
Do you have a horrible boss? If you notice these warning signs of a hostile work environment, you should complain to HR. All employees have certain rights under California and federal employment laws, and company HR representatives are required to ensure that your boss adheres to strict policies that combat illegal behaviors in the workplace.
But before you complain about abuse or mistreatment at work, it’s important for employees to understand the proper ways to talk to HR about workplace discrimination, bullying and harassment.
Our latest infographic shares a quick checklist to help you prepare for your initial discussion with HR.
So, you have finally made the decision to sue your employer for workplace discrimination. Congratulations – no one should have to endure a hostile work environment or unfair treatment on the job. While you probably want to get the ball rolling and file your complaint with the California Department of Fair Employment and Housing, or the U.S. Equal Employment Opportunity Commission right away, it is important to understand that you must put in some legwork before filing a complaint or contacting an employment attorney.
The following tips for suing your employer will help you better prepare yourself for your initial consultation with a professional California employment attorney and give you the evidence you need to prove your case.
Los Angeles Mayor, Eric Garcetti, recently signed the “Fair Chance Initiative.” Also known as the “Ban the Box” ordinance, the new law prohibits employers from asking job applicants about their criminal history or running background checks until they are given a conditional offer of employment. The law is expected to go into effect on January 1, 2017.
‘Tis the season for workplace holiday parties! While employers usually hold these festive gatherings to boost morale and thank employees for their hard work throughout the past year, employer-sponsored parties can also come with legal consequences if management and employees don’t adhere to proper, professional etiquette. In fact, many employment lawsuits are filed after work holiday parties and involve claims of sexual harassment, religious discrimination and drinking-related incidents.
You and your employer can keep the atmosphere joyful at your holiday gathering by simply avoiding these four office-holiday-party faux pas.
The legend of Damocles goes back well over 2,000 years to a time when King Dionysius ruled part of Italy. You may be familiar with this story where Damocles became jealous of the king’s wealth and power. So, Dionysius offered to exchange places with his subject. Damocles readily accepted, and sat on the throne surrounded by opulence and majesty. Unbeknownst to him, however, Dionysius arranged for a sword to hang over the throne suspended only by a horse’s hair. According to the tale, Damocles quickly learned his lesson – with great power comes great danger – and he returned to his previous position with newfound gratitude.
Throughout much of history, “the sword of Damocles” meant that with great power comes great responsibility. There is a “sword of Damocles” when it comes to employment law as well, and it is the threat of litigation. To prevent employees or employers from operating in perpetual fear of a lawsuit over a certain matter, courts established statutes of limitation that cut off the right to sue after a certain amount of time passes.