SAN FRANCISCO EMPLOYMENT LAW BLOG

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educated, living longer and staying in the workplace longer than those of previous generations, discrimination and outdated assumptions about them continue, Lipnic pointed out in the report.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

The idea of being treated differently just because of the color of one’s skin may seem absurd, but many people face this type of issue every day. In particular, workplace discrimination can make many people feel as if they must bear the brunt of someone’s unfair treatment in order to keep their job. However there are laws that protect workers from having to deal with such mistreatment on the job, and if individuals do face wrongful actions they may have reason to take legal steps.

California readers may be interested in one out-of-state woman who recently filed a legal claim against Whole Foods. She claims that her mistreatment began after she returned from maternity leave, and a new team leader disregarded her recent return and new child by scheduling her for eight work days in a row. The woman complained about the schedule, but the team leader did not take her concerns into consideration.

The woman, who is African-American, also claims that after a white worker returned from maternity leave, the individual was encouraged to gradually get used to working again rather than being schedule for several days of work in a row. Additionally, African-American workers were apparently being dismissed at a higher rate than other workers. After the woman filed multiple complaints about the situation, she was also terminated from her job, which led to her filing a lawsuit against the company.

In a perfect world, workplace discrimination — or any discrimination for that matter — would not exist. Unfortunately, this world is far from perfect, and many people have to contend with issues such as the ones this woman faced. Those individuals in California who have faced discriminatory actions on the job may wish to consider their own legal options for addressing their situations.

Source: wtxl.com, “Woman files suit against Whole Foods for race, pregnancy discrimination”, March 8, 2018

Many people take pride in their heritages and ethnic backgrounds. They may feel a special connection with these aspects of their lives that allow them to gain a greater sense of self. For this and other reasons, individuals can understandably feel attacked when they face workplace discrimination due to their race or other similar factors.

California residents may be interested in such a situation that four law enforcement officers in another state are experiencing. Reports indicated that the men were discriminated against in terms of their employment due to their race and ages. All four men are African American, but their ages were not given in the report. The department for which they work is reportedly 30 percent African American and 64 percent white.

The men claim they faced retaliatory actions after complaining about unfair treatment. These individuals have reportedly worked in a hostile environment, were passed over for promotions and have dealt with unnecessary disciplinary actions. It was also reported that two other officers plan to file legal complaints along with these four men after they receive their right-to-sue letters from the Equal Employment Opportunity Commission.

Instances of workplace discrimination are unfortunate but not uncommon. Still, individuals who have been in similar situations do not have to accept such unfair treatment. If California residents believe that they have been discriminated against at their places of employment, they may wish to consult with experienced employment law attorneys and find out more information on what options they may have for seeking justice and possible compensation.

Source: arkansasonline.com, “4 black Little Rock lawmen sue city over claims of race, age discrimination, hostile workplace“, Ryan Tarinelli, March 13, 2018

Many people have friends and co-workers with whom they enjoy carrying out their workdays. Of course, there may also be other individuals around the office or other place of employment that can make going to work an undesirable task. Unfortunately, many people who face workplace discrimination may not only feel a sense of dread when going to work, but they may also face the chance of losing their jobs for complaining.

California residents may be interested in such a situation that recently took place in another state. Reports indicated that an African-American man had worked for a hospital, and he alleges that he faced unfair treatment due to his race. The man reportedly endured racial slurs from co-workers and reprimands for actions that other workers were allowed to carry out.

The man filed a complaint regarding the unfair treatment, and after this step, he was fired from his job. He believes that his termination was an act of retaliation related to his claim of discrimination. As a result, he has filed a lawsuit against the hospital. The hospital denied the allegations of racial discrimination and did not offer further comment on the pending litigation.

When individuals are mistreated due to their race, the damage such actions can do may prove irreversible. However, if California workers have had to contend with workplace discrimination, they may have reason to look into their legal options. Filing legal claims against the responsible parties may allow them to seek restitution and justice for the wrongdoing that they faced.

Source: news-leader.com, “Ex-Mercy worker claims racial discrimination led to firing in lawsuit“, Brooke Crum, Feb. 4, 2018

It is an unfortunate reality that many people face discriminatory actions on a daily basis. These unseemly and unwarranted actions generally result when parties treat others unfairly due to skin color, religion, gender or other factors. In particular, workplace discrimination is a serious issue that can leave many workers facing unnecessary difficulties and even potential job loss.

It was recently reported that six African-American individuals in another state had filed a lawsuit against the engineering and construction company for which they worked. The company is based in California. The workers claim that over the course of two years, they were subjected to harassing actions, unfair treatment and dangerous work conditions, such as freezing temperatures and icy conditions. The workers had reported incidents of discriminatory actions, but their complaints went unaddressed.

As a result of the situation, the Equal Employment Opportunity Commission was contacted. Unfortunately, negotiations between the EEOC and the company did not prove successful. This stalemate led to the filing of the lawsuit. The workers hope to receive compensation for back wages, benefits and other damages. At the time of the report, no comment from the company’s legal representation had been given.

Dealing with the everyday tasks that workers face on the job can be difficult enough without the added stress of harassment and other unfair treatment. If California workers feel that they have been the victims of workplace discrimination, they may wish to consider taking legal action of their own. Consulting with experienced attorneys could help concerned individuals determine whether they have reason to move forward with claims in order to seek compensation and justice.

Source: bismarktribune.com, “Workers file suit over racial discrimination on North Dakota job site“, Jessica Holdman, Jan. 4, 2018

Putting their best efforts forward during their working hours is often a goal of many individuals. They may have personal motivation for wanting to produce quality work, such as potentially obtaining promotions or raises. However, this hard work may seem useless if workplace discrimination prevents workers from excelling simply due to unfair practices.

California residents may be interested in a legal case involving employment discrimination currently underway in another state. Reports stated that the lawsuit covers seven plaintiffs with a fire department who believe that the department discriminates against its black employees. It was noted that a year prior to this lawsuit, a complaint was filed with the U.S. Equal Employment Opportunity Commission.

One African-American worker stated that she had seen white individuals get hired to higher positions within the department without proven quality of work while her record of awards, credentials and hard work went overlooked. She also stated that in her 30 years of employment, she has only been evaluated three times and never given a promotion. Black workers have also stated that they have received less pay than that of their white predecessors.

Workplace discrimination can leave individuals feeling various emotions, ranging from disappointed to disgusted. Individuals who work hard and deserve opportunities should be given the chance to excel regardless of race, gender and other factors that do not relate to the jobs themselves. If California residents have faced similar injustices and hope to work toward gaining some form of restitution, they may wish to consider taking legal action of their own.

Source: amny.com, “FDNY discriminates against black employees, passing them over for raises and promotions, lawsuit says“, Alison Fox, Dec. 6, 2017

Most California residents know that it often takes a great deal of hard work in order to achieve success. Many people have goals in mind that they would like to achieve, and they may feel that their efforts have greatly helped them meet many of those goals. However, some parties may have to unnecessarily work harder than other people simply due to workplace discrimination.

One woman in another state faced such hardships on the job, and as a result, she took legal action. It was reported that the woman works as a structural engineer and had to deal with discrimination while trying to carry out her work-related duties. She stated that she had handled such discrimination before and overcame it by working even harder. However, the department against which she filed the lawsuit made her complete unnecessary tasks.

The woman’s claim stated that the department staff required her to meet a higher set of standards than other workers. Additionally, she stated that those standards did not have specific reason for being in place. A jury recently ruled on her case and found that the staff of the department defamed and discriminated against the woman. As a result, she was awarded $251,100.

Though some parties may think that the best way to deal with workplace discrimination is to put up a brave front and continue working, that does not have to be the only option. Discrimination should not be accepted, and if California workers feel that they have been treated unfairly in the workplace due to such actions, they may wish to find out what steps they could take to remedy the situation. Speaking with experienced attorneys could help concerned parties better understand their options.

Source: bellinghamherald.com, “Clark County female engineer awarded in discrimination suit”, Nov. 7, 2017

Many people face struggles on a daily basis simply based on the color of their skin. Unfortunately, many California residents may deal with unjust treatment due to the discriminatory actions of other individuals. When that type of treatment comes as workplace discrimination, the situation could potentially lead to legal action if complaints go unaddressed.

It was recently reported that one man in another state took such steps due to inaction on the part of his employers, following complaints regarding derogatory racial comments. The Jamaican native works in a mental hospital and claimed that co-workers made comments relating to their hatred of black people and that black people needed to “go back to their country.” Though the man and other black employees complained to supervisors, the behavior continued.

In addition to comments from co-workers, the man also claims that he and other black workers were assigned tasks with a higher chance of physical violence than tasks given to white workers. The man filed his lawsuit against the state and two co-workers in hopes of gaining $25,000 in compensation for emotional anguish and mental distress that the discriminatory situation caused him. The state’s Department of Mental Health did not provide a comment.

Though the first step toward addressing workplace discrimination is often to file reports with superiors, as this case shows, those reports may not have the desired outcomes. In the event that discriminatory behavior is allowed to continue, filing lawsuits against the responsible parties may be warranted. California workers who believe they have been subjected to such action may wish to look into their legal options.

Source: stltoday.com, “State facing another workplace discrimination lawsuit“, Kurt Erickson, Oct. 5, 2017