SAN FRANCISCO EMPLOYMENT LAW BLOG

Many women in California and across the country face unnecessary stigmas when it comes to their work-related abilities. It is not unusual for women to be wrongfully considered less intelligent or less capable than their male co-workers. Unfortunately, even woman well-qualified and experienced can face workplace discrimination that can hold them back.

It was recently reported that a lawsuit has been filed by the Equal Employment Opportunity Commission on behalf of a woman in another state. The woman works for an automotive group as a sales manager and has been hoping to move up to the general manager position. However, reports indicate that she has been denied the promotion nine times in favor of male employees, even though they were less-qualified than the woman in some cases.

It was also reported that she was passed over despite outgoing managers providing recommendations for her to receive the position as she was the most qualified person for the job. The woman and the EEOC are hoping that the lawsuit will result in the automotive group using programs and policies to promote equal opportunities for women and to stop gender discrimination. They are also seeking compensation for back pay and other damages.

Workplace discrimination that mistreats a worker based on gender can easily result in a person missing out on valuable employment opportunities. If workers in California believe that they were not hired, passed over for a promotion or otherwise treated unfairly based on their gender, they may want to look into their legal options. Some cases, such as this one, may warrant legal steps to address the misconduct.

California protects employees who serve as volunteer emergency responders and are called into action during natural disasters.

California law makes it unlawful for an employer to fire or otherwise discriminate against employees who take a temporary leave of absence to respond to an emergency in their roles as volunteer firefighters, emergency rescue personnel, or reserve peace officers.

Generally, the law does not require advance notice, except for certain health care workers. Employees who are health care providers must inform their employers both when they become designated as emergency rescue personnel and when they are notified of their duty in an emergency.

Being treated unfairly can often leave a person feeling stung. In serious cases, such as workplace discrimination, the reactions may be much more severe, and understandably so. When workers in California and elsewhere are mistreated on the job due to their race, religion, gender or other protected status, they may experience a myriad of emotions and wonder what their best courses of action may be.

It was recently reported that a discrimination lawsuit was filed by the Equal Employment Opportunity Commission against a company in another state. Reports indicated that an African-American man filed a complaint due to being discriminated against on the job. He has worked with the company since 2012 and stated that he was called a racial slur on his first day. He also claims that he was not given a promotion due to complaining about discriminatory actions.

The man believes that he was mistreated, retaliated against and harassed due to his skin color. He hopes to receive compensation for various damages, including emotional pain, loss of enjoyment of life, inconvenience and others. A representative for the company denied any wrongdoing and did not provide any additional comment on the pending lawsuit.

Workplace discrimination can limit employees’ advancement opportunities and also damage their personal well-being. If California workers believe that they have been unfairly treated on the job to a serious degree, they may wish to look into their legal options. Speaking with experienced attorneys could allow them to obtain evaluations of their cases in hopes of determining their best courses of action.

Fifty years after the Age Discrimination in Employment Act (ADEA) was passed, ageism remains too common and accepted, says a new report from the U.S. Equal Employment Opportunity Commission (EEOC).

Released June 26, 2018, the report examined age discrimination in the U.S. since the ADEA took effect, outlawing employment discrimination against anyone at least 40 years old. Despite the ban, the EEOC received 18,376 charges of age discrimination during fiscal year 2017.

Charges filed with federal and state enforcement agencies represent a fraction of the likely discrimination that occurs in the workplace. One key reason is that ageism can be difficult to prove, so most discriminatory and harassing conduct goes unreported, according to the EEOC’s Select Task Force on the Study of Harassment in the Workplace.

A study that AARP conducted last year with 3,900 people ages 45 and older who were employed or looking for work found that six out of 10 older workers report seeing or experiencing ageism and 90 percent said it was common.

Victoria A. Lipnic, EEOC acting chair, called ageism “an open secret.”

“Like harassment, everyone knows [age discrimination] happens every day to workers in all kinds of jobs, but few speak up,” she said in a news release accompanying the report.

“There is still much that needs to be done to strengthen the law, work with employers and dispel myths about older workers,” said David Certner, AARP legislative counsel and legal policy director in Washington, D.C.

Ageism is much like other forms of discrimination, the EEOC noted. Stereotypes about the abilities and qualifications of women, for example, were based “on assumptions about the appropriate roles of women in the workplace and society,” the agency pointed out.

Although older workers today are better educated, living longer and staying in the workplace longer than those of previous generations, discrimination and outdated assumptions about them continue, Lipnic pointed out in the report.

And EEOC data shows the demographics of workers who file ADEA charges have changed dramatically over the years. In 1990, men filed almost twice as many charges as women. But by 2010, the number of women filing age charges had surpassed the number of men filing age charges, a trend that continues today. Additionally, the number of age discrimination charges among racial groups has grown with each decade.

The issue affects all industries. The Communications Workers of America in May added Facebook, Ikea and hundreds of other companies to a class-action lawsuit alleging age discrimination. The suit, Bradley v. T-Mobile, claims that the defendants target their job ads on Facebook so that only the social networking site’s younger users see them.

Source: SHRM, https://leclerclecldev.wpengine.com/wp-contentwww.shrm.org/ResourcesAndTools/hr-topics/behavioral-competencies/global-and-cultural-effectiveness/Pages/EEOC-Ageism-Persists-in-the-Workplace.aspx, June 29, 2018.

It is common for people to assume that many individuals with disabilities were born with them. However, a multitude of people, including many in California, develop disabilities later in life due to accidents, injuries or illnesses. As a result, someone could hold a job for a number of years before developing a disability that may need accommodation. If an employer fails to adhere to laws requiring these accommodations, a person could have reason to file a workplace discrimination claim.

It was recently reported that such a claim has been filed in another state against Walmart. Apparently, an employee had developed an undisclosed disability after working as a sales associate with the company. The disability apparently resulted in her losing the ability to carry out the duties associated with her sales position, but she could still work in other positions.

When it came to making accommodations for the woman, Walmart failed to comply with the Americans with Disabilities Act. Rather than searching for a new position for the woman within area stores, the search was only made at her current location. As a result, she was not reassigned and lost her employment though she could have filled a position at another area store. A lawsuit has since been filed against the company to address the issue.

Workplace discrimination in any form can cause considerable issues for employees. Developing a disability can be disheartening in some cases, and when job loss occurs on top of this change, individuals can feel at a considerable loss. If California workers have found themselves in situations where employers have failed to comply with the ADA or carried out other acts of disability discrimination, they may wish to gain information on their legal options for addressing the issues.

Source: nhregister.com, “EEOC sues Walmart for discrimination against Maine worker”, April 27, 2018

Dealing with a medical condition, permanent injury or other disability can make life more difficult for many people. However, having a disability does not mean that an individual is inferior to others, and often, many people with certain conditions can carry out many of the same tasks as able-bodied individuals, though certain accommodations may be necessary. When an employee faces workplace discrimination due to a disability, it can feel unfair and insulting.

California residents may be interested in one out-of-state man’s case involving such discrimination. Reports indicated that the man worked as a container cleaner since 2016. However, after over a year of work, the man requested a change from working a midnight shift to working a day shift due to his having a medical condition. Information on that medical condition was not given in the report.

After his request, the man was dismissed from his job, and he believes it was an act of disability discrimination. As a result, he has filed a claim against the company for which he used to work, citing damages that include lost wages, humiliation and emotional distress. He is hoping to obtain over $100,000 in compensation if his case proves successful.

Many people with disabilities may fear that others will look at them or treat them differently. Unfortunately, this type of scenario often happens. However, when the situation involves workplace discrimination, individuals may have reason to fight back against wrongful actions. If California residents believe that they have been unfairly treated due to a disability, they may wish to find out more information on their legal options.

Source: wvrecord.com, “Tank cleaner accuses former employers of disability discrimination“, Lhalie Castillo, March 23, 2018