Whether fueled by hatred and anger or general ignorance, acts of discrimination and harassment have no place in any workplace. From comments, jokes and insinuations to overt acts of aggression; no employee should ever feel disrespected or bullied because of their national origin or religion.
For an expectant mother, pregnancy should be a time when physical and emotional stressors are limited to ensure for the health and wellbeing of both mother and unborn child. Many expecting mothers experience complications during their pregnancies that may warrant a doctor to order restrictions on certain activities such as lifting or standing. In some cases, a woman's attempts to follow her doctor's orders result in her experiencing job discrimination and even wrongful termination.
Every employee has a right to a safe workplace which is free of harassment, violence and discrimination. In fact, employers who either condone or engage in discriminatory actions against an employee may find themselves the subject of an employment discrimination lawsuit.
On February 26, 2014, Cornelia Dai will be a featured speaker at the 34th Annual Labor and Employment Law Symposium of the Los Angeles County Bar Association, Labor & Employment Law Section, which will take place at the Millennium Biltmore Hotel in downtown Los Angeles. Ms. Dai and co-speaker, Anthony Oncidi, partner at Proskauer Rose LLP, will address the unique and challenging developments in employment law during their conference session entitled "2013 Year in Review: Don't Get Left Behind".
Last month, the Equal Employment Opportunity Commission (EEOC) released a report detailing its work over the past year. In what is hopefully a positive turn of events, the number of employment discrimination claims filed with the EEOC dropped during the 2013 fiscal year from the number of claims filed during the 2012 fiscal year. In all, roughly 6,000 fewer claims were filed last year than were the previous year.
The California Senate recently released a report regarding a policy first embraced by the Schwarzenegger administration that could potentially affect any public sector worker who has faced or is facing illegal treatment in the workplace and wishes to pursue justice through the legal system. This policy potentially allows California’s governor to override certain state employment law provisions and veto employment discrimination claims brought by employees against public agencies. Furthermore, it apparently allows the governor to do so without any public disclosure or explanations of any kind.
In its recent ruling in EEOC v. Abercrombie & Fitch Stores, Inc., the majority of a 3-judge panel in the Tenth Circuit wrongly dismissed the EEOC's claim of religious discrimination at the summary judgment phase. In that case, Abercrombie & Fitch declined to hire Samantha Elauf, a Muslim, because her headscarf conflicted with its undisclosed Look Policy. When sued by the EEOC, Abercrombie cried wolf declaring that it did not know that Elauf was a Muslim and wore a hijab, despite not hiring her exactly for that reason. Abercrombie claimed that because Elauf did not explicitly request a religious accommodation, Abercrombie lacked the requisite notice and could not be found liable for religious discrimination. Surprisingly, the majority agreed with Abercrombie and overturned the district court's decision to the contrary.
In California and elsewhere, hiring discrimination is illegal. The U.S. Equal Employment Opportunities Commission has confirmed that a settlement claim has been reached in a case involving discrimination against an African American job seeker. Purportedly, federal employment regulators have come to an agreement with JB Hunt Transport, Inc. addressing the issue of employment discrimination.
Wet Seal, a California based retailer, has settled a national class action suit that was filed in federal district court. The employment discrimination case was based on the company's alleged Title VII of the Civil Rights Act of 1964 violation. The act prohibits employers from discriminating against employees based on sex, race, national origin, color or religion.
Every person who wishes to work has the right to be considered equally for a job as the others who are applying. However, there are still instances of companies disregarding certain applications because of the individual's sexual orientation. In a recent case outside California, a civil rights group has alleged that Exxon Mobil used employment discrimination practices in handling two applications for a vacant position.