Articles Posted in Discrimination

A Novato-based sales manager was fired by an electrical supply company for not spending enough time traveling to meet customers while the man was recovering from cancer.

The San Francisco Chronicle reports that the man was awarded $846,000 for losses, and a $25,000 fine was levied on the company that let him go for what has been determined to be unjust reasons.

Sadly enough, some employers will fire a person with such insensitivity as this company and try to get away with this type of disability discrimination in Ontario and elsewhere throughout the great state of California. The good news is that experienced and aggressive Orange County Employment Law Attorneys won’t sit by idly letting these injustices stand as is.

Corporations know that if they are faced with a discrimination lawsuit it not only threatens their dollar figures if a jury finds in favor of the victim, but it can also be a public relations nightmare. In many cases, they may be willing to make a generous settlement offer in order for it to go away. But often these companies will make unacceptable offers in settlement talks, forcing the victim to go to trial and expose all the dirty laundry in public.

In this case, The Fair Employment and Housing Commission, a state agency created to protect citizens’ civil rights, ordered Acme Electronics, a Wisconsin-based company, to make the largest payout the agency has ordered in a discrimination case, the newspaper reports.

The Novato-based salesman, which is outside San Francisco, was a veteran electrical sales manager and headed the company’s largest sales region from 2004 to 2008. He was fired at age 59 after having undergone surgery for kidney cancer and prostate cancer in 2006 and 2007, respectively.

The agency stated that the man limited his travel while he underwent treatment for the cancer and was fired within a year of the second operation. His region led all others in sales growth in 2007, despite the beginning of the economic downturn, and his supervisor gave him a poor review. In it, the supervisor stated the man spent too much time close to his home base and didn’t make enough contact with potential customers.

While the company alleged that the man was fired based on the economy and his poor performance, the agency found that the reason the company provided for firing him were “factually baseless, false, pretextual and shifting.” The company declined to comment and can appeal the ruling in court.

It’s maddening how disloyal companies are to their employees these days. And it would be unbelievable that a company would fire a man while he is recovering from cancer had it not clearly happened, according to the commission.

It’s sad to see that these things do, indeed, happen. But the good news is that there are aggressive and caring Santa Ana Discrimination Lawyers who are willing to fight the big companies and set the record straight in defense of the little guys.
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More good news for employees who could potentially face discrimination whether at work, in applying for housing, education, in public, elections, obtaining a loan, or when seeking health and life insurance.

A new law passed by California lawmakers that went largely unnoticed by the news media was an update to the 52-year-old Unruh Civil Rights Act of 1959. That act banned discrimination based on race, national origin and religion. It has been updated throughout the years to include gender and sexual preference based discrimination as well. It now includes genetic discrimination.

But genetic discrimination is a new area of protection for California consumers and citizens. While there is a federal genetic discrimination law that has been in place since 2008, it deals only with hiring practices and health insurance coverage. California’s law applies to many areas and is an expansion of rights that will likely be a trendsetter for other states to consider.

This is good news for everyone as it adds a layer of protection for those who could be subjected to mistreatment and discrimination in Santa Ana and elsewhere throughout the state. Yet, if someone faces genetic discrimination, he or she should immediately contact an experienced Orange County Discrimination Lawyer who can help you get justice.

Genetic discrimination is a relatively new term and applies to factors that may apply to a person based on his or her DNA and family member issues. For instance, a person may have a family history of heart issues or breast cancer. The law states that those facts can’t be held against them if they are applying for a job, seeking health insurance or life insurance, or attempting to buy or rent housing anywhere in California.

While it’s hard to believe, some employers will pass on hiring a more qualified candidate because he or she has a potentially life-threatening illness or some other issue. Typically, these employers may be afraid the illness is contagious or that the person could die and the company would lose the position due to budget cuts.

This just isn’t fair and isn’t right. A company can’t make decisions of hiring, firing and promotions based on when a person could potentially get sick, need hospitalization or even die. That’s simply not ethical and now it’s illegal as well.

Discrimination can come in many forms in terms of employment in California. The law bans discrimination based on race, sex, age and other forms. But it shouldn’t be difficult to determine if a person is facing discrimination at work. If other employees are treated better or receive preferential treatment over another person or persons, it’s likely a case of discrimination.

If a person isn’t hired because of one of these factors, it should be pretty obvious that the company has not followed the intent of the law and immediate action must be taken. If you or a loved one is in a situation where you aren’t promoted, were not hired or are fired for reasons not based on your work quality or productivity, you should consult with an experienced Orange County Employment Law Attorney right away.
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Imagine walking into a department store you love to shop at and having an employee tell you you can’t buy something or they won’t help you because of what you look like.

That’s what a woman says happened to her in 2010, when she tried to buy a men’s shirt from a Bloomingdale’s department store in Century City. According to a lawsuit, reported on by the Los Angeles Times, the woman tried to make the purchase for her wedding, but was denied based on her gender.

Discrimination in Orange County and elsewhere is typically considered an at-work offense, but the truth is discrimination can occur in many settings — from work to public housing or credit applications to the retail industry. Consulting with an experienced and aggressive Orange County Discrimination Lawyer as soon as possible can ensure the offenders are held accountable for their unlawful and unjust actions.

According to a lawsuit filed recently in Los Angeles County Superior Court, the woman went to the store to buy a shirt for her upcoming wedding. When she ventured into the men’s department, seeking to buy a men’s shirt for the occasion, she was alleged denied by a male employee.

The lawsuit states, according to the newspaper’s account, that the woman walked into the upscale department store and was approached by a salesman. The man allegedly asked her for whom she was buying the shirt and the woman replied it was for her.

According to the newspaper, the worker used some “offensive” comments toward her and asked her why she would be buying a man’s shirt. “You’re a woman; you shouldn’t wear men’s clothing. He then turned his back to her and stalked away,” the lawsuit states.

The woman then allegedly began to cry near the store’s jewelry counter while waiting for a supervisor. The woman said she hasn’t been able to re-enter the store since even though the store offered her a free shirt. The lawsuit seeks a jury trial and unspecified damages. The lawsuit names Bloomingdale’s as well as parent company Macy’s Inc. and alleges the stores refused to provide equal accommodations based on “her actual or perceived sex or sexual orientation.”

Cases of discrimination are perhaps most common in the workplace, however, and California’s Fair Employment and Housing Act helps protect workers from facing undue discrimination in small companies and contract situations. The law defines who is protected and under what circumstances.

There are also protections under federal employment law in Orange County. These protections typically apply to the age, gender, race, sexual orientation, disability and other characteristics of an employee.

People can face retaliation for filing complaints at work or they can be shorted pay in wage and hour disputes. There are many aspects of employment law in California that are designed to help the worker have a fair working experience without having to fear an unbalanced environment.
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The U.S. Department of Justice recently settled its lawsuit against a Southern California city that it accused of violating the civil rights of a Buddhist group, the San Gabriel Valley Tribune reports.

The city of Walnut, which is east of Los Angeles, settled the complaint with federal authorities recently after the government accused the city of discrimination by denying the religious group’s request to build a Zen Center, which would have been the only non-Christian religious center in the city.

Discrimination can come in many forms and none of it is lawful. Religious discrimination can happen in public, as this story suggests, but it can also happen in the workplace. Workplace discrimination in Santa Ana and throughout California shouldn’t be tolerated and an experienced Orange County Employment Lawyer should be consulted if you or a loved one has experienced it.

The Justice Department’s complaint alleged that the city denied the Zen Center’s application in 2008 and until that point hadn’t rejected a permit for the construction, expansion or operation of a house of worship since at least 1980.

Under the settlement, the city agreed not to impose different zoning or building requirements on other houses of worship. City officials will also have to attend training on religious discrimination and land use.

According to the news article, the group began designing its center in 2001, but in 2003, city officials began voicing concerns about the center. Despite concessions, including scaled-back plans, the city still rejected its application. The Buddhist group finally bought property in Pomona and opened a temple there, selling the Walnut land.

While this appears to be a clear case of religious discrimination in the public realm, this type of discrimination can happen at a job just as easily. In 2010, there were 3,790 complaints of religious discrimination filed with the U.S. Equal Employment Opportunity Commission. That’s up from about 1,700 in 1997.

There were also 330 settlements in 2010, up from 89 in 1997. While many of the 3,800 religious discrimination complaints were unfounded, in about 10 percent, reasonable cause was found. In 2010, the commission settled $10 million in claims.

So, as you can see, it does happen. Employers tend to discriminate against religions they are less familiar with. But regardless of their knowledge level of a particular religion, they aren’t allowed to promote others or afford fewer opportunities to someone based on their worship practices.

Religious discrimination falls under Title VII of the Civil Rights Act of 1964 and is federally regulated. Some provisions of the law:

-An employer shouldn’t treat an employee less favorably or more favorably because of the employee’s religious beliefs.

-An employee can’t be forced to take part in religious activities as a condition of employment and can’t be forced to forgo religious activities.

-An employer must reasonably accommodate the employee’s religious practices.
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A former female Los Angeles Airport police lieutenant was awarded nearly $1 million in a gender discrimination case by a jury recently.

This is just another case of businesses and agencies that don’t treat their employees fairly and pay a hefty price for their illegal and unjust actions. Cases of workplace gender discrimination in Los Angeles and other injustices based on a person’s age, race, religion, ancestry, sexual orientation or other factors go on every day. And that’s why consulting with an experienced Orange County Employment Lawyer is important.

In the police officer’s case, she worked for the LAX Police Department since 1980 and held a lieutenant’s rank for 10 years. She alleged that being a woman prevented her timely promotion to a captain’s position, the Times reports.

Based on her qualifications, she argued at trial, she should have been promoted several years ago, but didn’t fit the “mold of a captain in a law enforcement organization.” She retired last year and her jury awarded her $925,209 for the discrimination. Counts of retaliation and harassment were denied.

This case reminds us of several other high-profile cases of gender discrimination reported by the California Employment Lawyer Blog. Retail giant Wal-Mart is fighting off more than one million former and current female employees, who believe there is widespread gender discrimination at the company, which provides lower pay and fewer promotions to employees. A Texas woman recently sued her former boss for age discrimination because he allegedly wanted her to dye her gray hair.

Women have spent decades seeking equal rights in the workplace. But studies still show that their male counterparts are paid better despite the progress they have made. And this discrimination shows today.

There are many examples of women who are denied promotions, aren’t hired at all or don’t receive the specialized training on the company dime that male co-workers do. And sometimes this discrimination is wide open where all employees can see. Sometimes, this involves decisions made behind closed doors that violates the female worker’s rights.

Regardless of how it happens, it is unjust and must be fought. In this tough economy, many people are thrilled simply to have a job and will endure discrimination if it means they are getting a regular paycheck, but this isn’t acceptable. For those who believe they may be facing discrimination at work, simply consulting with an Orange County Employment Lawyer is a good first step.

It is sometimes possible to be awarded damages on top of back and future pay as well as remain employed if a case is settled or goes to trial and is successful. While there are no guarantees, each case should be explored to see what the options may be. Businesses and corporations must be held accountable for their practices that treat employees unfairly — not based on their job quality but on factors they can’t change.
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A Los Angeles County Superior Court judge has dismissed a major discrimination and harassment lawsuit filed by a former police lieutenant, according to the Burbank Leader.

The police lieutenant alleged that he was placed on administrative leave in retaliation for complaining of an improper relationship between the police chief and the officers’ union and that he suffered repeated acts of harassment as well as racial discrimination in Burbank.

Discrimination and harassment at work, unfortunately, is not uncommon. And many people are quickly put into a powerless position of having to determine whether they want to risk their careers and jobs in a bad economy or endure what they know is wrong. If you feel you have been harassed or discriminated against at work, contact Orange County Employment Lawyers for a free consultation. We understand these sensitive issues and can give you good advice about your situation.

According to the news report, in dismissing the case, the judge called the allegations against the Burbank Police Department unfounded and lacking. The lieutenant had hoped to sue on behalf of other officers as well.

The lieutenant and 11 other officers were being investigated by the FBI regarding excessive use of force in a 2007 robbery case. In 2009, a detective filed a civil rights lawsuit against the lieutenant and other officers, claiming he was harassed after witnessing the lieutenant place the barrel of his gun under a suspect’s eye. That case was also dismissed.

Both the lieutenant’s case and the detective’s case against the lieutenant are being appealed.

According to the U.S. Equal Employment Opportunity Commission, the agency received nearly 31,000 claims of workplace harassment in 2010, which is up 35 percent from 1997. In the same time period, overall claims of harassment, from sexual harassment, gender discrimination to age discrimination, the number of claims increased 23 percent from 1997 to 2010. In 2010, 99,922 complaints were filed.

What this shows Orange County Employment Lawyers is that there are many people in the California workforce who aren’t being treated fairly. Sometimes, bosses or corporations don’t intend to discriminate and sometimes it can be obvious and intentional. Workers sometimes don’t even know it’s happening. It may take a company whistleblower to point out things that are said in closed-door board meetings.

Regardless of the reasons or how it happened, it is wrong and should be stopped. It’s possible that a strongly worded letter or meeting can fix the issue. But sometimes it requires litigation. Whether the matter deals with federal employment law, which deals with labor laws and certain types of discrimination, or California employment law, which is broader, an attorney should be contacted. Santa Ana employment lawyers are here for you.
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A Los Angeles Police officer recently was awarded $1.1 million by a jury after claiming he was harassed and suffered retaliation because he is gay, The Los Angeles Times reports.

The Orange County Employment Law Team has seen how retaliation and discrimination in the workplace can make working in an office extremely difficult, break up friendships and ruin careers. That’s why it’s important to take action if your company is allowing you to be harassed or discriminated against at work. Consult with an experienced Orange County employment lawyer can help protect your rights.

The LAPD sergeant and media relations spokesman sued the department after his supervisor made derogatory remarks about his homosexuality. According to the story, the officer made several attempts to voice his concerns through official channels, but his complaints were determined to be unfounded.

In the summer of 2009, he was transferred to the skid row area. The officer argued to the jury that the transfer from the prestigious media relations section was punitive and that it cost him future opportunities for promotion. He testified it was a difficult decision to sue, but that he felt if the department wasn’t challenged, it wouldn’t change its ways.

According to the article, between 2008 and 2009, there were 350 internal investigations done regarding discrimination and retaliation complaints and only one was upheld. Yet, a Times investigation found that over the last decade, at least 16 other officers have won million-dollar-plus jury verdicts, totaling more than $18 million against the department.

Retaliation on the job is unlawful, plain and simple. In the case of Crawford vs. Metropolitan Government of Nashville and Davidson County, Tennessee, the U.S. Supreme Court held that it’s unlawful for an employer to retaliate against an employee. The law protects workers from unfair treatment, so use the law for you if you have been wronged at work.

While retaliation is a serious allegation, there is more frequently discrimination on the job. Retaliation is usually easy to spot, while discrimination can happen behind closed doors.

There is a difference between sexual discrimination and sexual harassment. Harassment is when a person receives unwelcome sexual advances from a co-worker or a person of power, is sent emails with sexual overtones that aren’t appropriate for the workplace or lewd comments made by co-workers.

Sexual discrimination happens when someone isn’t promoted, isn’t hired or is otherwise mistreated based on the employee’s gender or sexual orientation. According to the California Constitution, it is unlawful to discriminate against someone based on their gender, sexual orientation, race, ethnicity or other factors.
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