California Employment Lawyer Blog

May 25, 2011

LAPD Discrimination Shows Why Employment Lawyers Are Key

The Los Angeles Police Department has been slapped with more than 200 workplace discrimination lawsuits in the last decade and has paid out more than $18 million, with more than 100 that still haven’t been resolved, The Los Angeles Times reports. The lawsuits stem from claims of sexual harassment, racial discrimination, promotion denials and other workplace transgressions.

The Orange County employment attorneys are ready to defend you if your boss, company or co-workers have harassed you, treated you differently or kept you from promotions because of bias or other forms of intentional discrimination.

According to The Times, more than a dozen officers have won million-dollar-plus jury verdicts or settlements in the last decade. Dozens more officers have won five- or six-figure paydays. From 2005 to 2010, more than 250 lawsuits were filed by officers. The city paid out more than $18 million in about 45 of those cases. The city won 50 cases and the rest are pending.

As previously detailed in California Employment Lawyer Blog, the Los Angeles County Sheriff’s Office recently had to pay out about $900,000 for a sexual harassment claim.

Sexual harassment in California can show itself in many different forms. It applies to men and women and can refer to a hostile work environment, sexual advances or comments, retaliation for reporting harassment, requiring sexual favors for a job and other examples.

According to the Equal Employment Opportunity Commission, it received nearly 31,000 complaints of on-the-job harassment in 2010, which resulted in almost $100 million in payouts.

You may not be a Los Angeles police officer, but discrimination happens more often than you think. You can be discriminated against based on your gender, age, race, sexual orientation, national origin or a host of other factors. Sometimes, discrimination is subtle and goes unnoticed. Sometimes it happens in meetings and behind closed doors. Other forms, such as unwanted sexual advances at work or requests for sexual favors, are blatant.

All are unlawful forms of discrimination and require swift action. If you feel your employer has discriminated against you or allowed co-workers to harass you, don’t hesitate to call. These types of cases require much research and review of documents, so get started today by calling for a free consultation.
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April 29, 2011

Sheriff’s Office Supervisor Faces Allegations of Sexual Harassment in Los Angeles

by Fakhimi & Associates

The Los Angeles County Board of Supervisors will be dishing out $900,000 to settle a sexual harassment suit filed against a Los Angeles police officer. A deputy is accusing his supervisor of sexual harassment and threats of violence, according to the Los Angeles Times.

Our Orange County sexual harassment lawyers recommend that you report any and all forms of sexual harassment to your supervisor. It is also in your best interest to contact an experienced lawyer to help ensure that the proper steps are being taken to protect your rights in the workplace. On the other hand, it is equally important to contact an experienced attorney if you’re facing any false allegations of harassment in the workplace as convictions of such behavior can drastically affect your career.

While the county agreed to pay out a sum of $900,000, the sheriff’s supervisor is still denying the allegations — flatly denying workplace sexual harassment in Los Angeles.

“Sexual harassment is about using power in a way to hurt somebody,” says Marcia McCormick, associate professor at Saint Louis University School of Law, who specializes in employment law and gender issues.

There are a number of ways that sexual harassment can occur in the workplace. While the most common form of sexual harassment is male on female, the number of male on male sexual harassment cases is on the rise in Los Angeles and elsewhere in the United States. It’s a form of sexual harassment that is increasing in numbers by the day. According to Newsweek, same-sex harassment cases have only been recognized by the court system for a little over 20 years now.

The U.S. Equal Employment Opportunity Commission (EEOC) reports that in 2009 nearly 13,000 sexual harassment incidents came from males. That year recorded the largest number of male-reported sexual harassment incidents on record.

The deputy, at the sheriff’s office, is stating that his supervisor asked that he “come into the bathroom for a rectal probe” and boasted he could get the deputy “so drunk” that the deputy would perform oral sex on him, according to the L.A. Times.

“While some people may think sexual harassment of male employees is a joke, the issue is real,” says David Grinberg, spokesperson for the EEOC. “We are seeing more of it, and such conduct has serious legal consequences for employers.” The EEOC reports that incidents including male on male sexual harassment claims are indeed on the rise.

Our criminal defense lawyers defend those facing sexual harassment in Los Angeles, Santa Ana and Ontario areas and have a strong reputation for achieving justice for our clients. If you are currently experiencing accusations of sexual harassment, it is critical for you to contact an attorney to protect your rights, your financial well-being, your dignity and your reputation.
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April 12, 2011

LAPD Officers Awarded $2 Million for Los Angeles Employment Lawsuit

by Fakhimi & Associates

Two Los Angeles police officers were awarded $2 million after a jury determined the LAPD supervisors retaliated against the pair for complaining about meeting alleged traffic ticket quotas, according to the Los Angeles Times. The two previously rejected a $500,000 settlement.

The two veteran motorcycle officers of the department’s West Traffic Division claimed they were punished with bogus performance reviews after failing to meet citation quotas. The two sued the department back in 2009 accusing the department of harassment and using threats of reassignment and wrongful termination after they objected to demands from commanding officers. The officers were allegedly instructed to write a certain number of tickets and violations each day, which breaks state laws.

Our Orange County Employment Lawyers understand that while many types of employment positions are considered at-will — meaning either the employee or employer can terminate a working relationship at any time — employees are still protected against many forms of discrimination, including race, age and sex. In this case, the officers were ordered by their supervisors to issue a specific number of tickets per work day — something that is strictly against state law.

The determining factors between pushing your officers to increase productivity and setting an actual quota are fuzzy for field supervisors as they’re often under pressure to generate more citations. Still, employee positions cannot be threatened for not meeting department generated goals when those goals include illegal quotas.

Although the two claimed to be ranked against other officers based on the number of cars impounded and tickets issued, both violations of state law, the department denied in testimony that there had been any sort of instructed quota presented to the men. The defendants claim there must have been confusion over the difference of a “goal” and a “quota.”

In the end, 11 of the 12 jurors sided with the officers, agreeing that the failure to meet these quotas affected their careers after the two reported the misconduct and harassment of their supervisors.

“You can’t violate the law to enforce the law,” City Councilman Dennis Zine, a former LAPD motorcycle sergeant, said. “You can’t mandate the number of tickets.”
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April 10, 2011

California Plant Worker Sues after Wrongful Termination Following Complaints Unsafe Work Conditions

by Fakhimi & Associates

A San Onofre Nuclear Generation Station employee filed a lawsuit against the plant’s owner, Southern California Edison, after alleging his termination was a direct result of his voiced concerns regarding plant safety. The employee, a former manager of business accounting and project services, filed a complaint with the Nuclear Regulatory Commission just weeks before he was let go from the station. He was on his second stint at the plant when the alleged wrongful termination occurred, according to the Dana Point Times.

Our Orange County employment lawyers understand the frustration that can evolve from working in an unsafe environment. We encourage employees who are punished with wrongful termination to fight for their lost wages and damages. The law protects employees from retaliation and from unsafe working conditions.

The plant employee, after receiving notice of complaints from insiders about alleged plant safety violations, reportedly sent a letter to a San Onofre manager encouraging openness towards employees’ safety concerns and tips. Shortly after, he came forward and confronted his boss about some of these safety concerns, reports the LA Weekly. He alleges that he was ordered to stay quiet.

According to the OC Times, the San Onofre plant has been repeatedly cited by federal regulators for continuously violating the plant’s own standards for safety and workplace conditions. For example, in 2006 the plant reportedly leaked highly radioactive tritium into local groundwater and was also listed as the second most dangerous nuclear facility in the U.S.

Safety should be an employer’s top priority and employees safety concerns should always be addressed. If a company or employer fails to do so, workers are encouraged to step up and report any violations.

If you need to file a complaint about a workplace’s unsafe conditions, you can follow these instructions provided by the Occupational Safety & Heath Administration (OSHA).
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March 31, 2011

Eglin Baylor Continues Fight Against Clippers in California Discrimination Lawsuit

by Fakhimi & Associates

Former General Manager of the Los Angeles Clippers continues his fight against the team in a Los Angeles race and age-discrimination lawsuit. Baylor claims he was “positioned to take responsibility for the [team’s] losses,” according to the Los Angeles Times.

With the recent downfall in the economy companies continue to downsize veteran help in favor of cheaper labor and look for other ways to save money — which may include paying a woman less for the same job. Our San Bernardino employment lawyers are seeing an increase in cases involving age, race and sex discrimination in Los Angeles and the surrounding areas. Consulting an attorney is highly recommended when an employee believes he or she is facing discrimination in the workplace. Too often, employees ignore these actions and suffer without seeking justice and proper compensation.

Clippers officials claim that Baylor resigned in 2008 after being their GM for 22 years. But Baylor claims that he was unjustly cut from the team because of his race and age, as we reported in our previous California Employment Blog about the case. In addition to his age discrimination suit against the Clippers, Baylor is also seeking compensation for his claim of being underpaid as a general manager of an NBA team.

“The Clippers already had a reputation as a horrible franchise” when Baylor, a former Lakers star, took over the Clippers player-personnel duties in 1986, Alvin J. Pittman said, Baylor’s attorney. “Whereas the Lakers had ownership showing an interest in winning, Mr. Baylor accepted a position that was challenging, a team that has a tradition of losing and unwilling to pay or re-sign key players,” said the LA Times.

Former GM Baylor, 76, is still claiming he was a victim of age discrimination, while the Clippers continue to deny the allegations. During a hearing, a memo was shown to the jury of seven men and five women. The memo, written by current team President Andy Roeser, stating, “Elgin’s not getting any younger.”

Baylor was named NBA Executive of the Year in 2005-06 when the team reached the semifinals for the first time since the 1975-76 season. The NBA is also named in the lawsuit, as it alleges the league condoned the discrimination by virtue of knowing the general manager salaries of other teams in the league. Baylor claims he was underpaid, making roughly $350,000 a year which is much less than other GM’s.

Discrimination in the workplace is a serious offense with consequences that affect all parties. It is important to consult an experienced attorney when it comes to fighting for your rights in the workplace and protecting the financial well-being of you and your family.
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March 28, 2011

Wal-Mart Class Action Employment Discrimination Lawsuit a Landmark Case for California, Nation

by Fakhimi & Associates

A single discrimination lawsuit against Wal-Mart has become one of the largest job-discrimination cases in U.S. history, reports the LA Times. With stories from female employees claiming they’ve been passed over for promotions because of they’re sex, Berkeley versus Bentonville begins. The case affects nearly two-million women and is putting tens of billions of company dollars at risk.

Our San Bernardino discrimination lawyers understand that while we’d like to keep good-faith in companies, unfortunately there are instances when an employee is treated unfairly and discriminated against.

In some cases, unfair labor practices may be company wide. In other cases, a discrimination lawsuit in Orange County, Riverside or elsewhere in Southern California may be filed as a result of working conditions specific to a single store or involving a single manager. It is important to step forward and contact an attorney to fight for equal rights.

In our previous California Employment Lawyer Blog when we first told you about this suit, we stated that Wal-Mart claims to have no difference in pay between men and woman at 90 percent of their stores. They also stated that their hiring policy is determined locally, not as a company-wide decision.

The court will be determining if nearly 1.6 million current and former Wal-Mart employees can in fact claim discrimination within the company — en masse, as part of a class action lawsuit. The discrimination is said to have been taking place for last ten years. Detractors of the suit claim it will be open season for employment suits against large national corporations if the court permits the behemoth complaint to go forward.

The company’s lawyers point out the suit now speaks for more women than the combined total of active-duty personnel in the U.S. Army, Air Force, Marines, Navy and Coast Guard, reports the LA Times. The Times also reports that there are “significant deficiencies in the company’s policies and practices for identifying and eliminating barriers to equal employment opportunity at Walmart.”

“To prove these cases, you rely on statistics. And now all the records are electronic. It’s all there at a keystroke,” said Brad Seligman, a civil rights lawyer.

Yet, if the allegations are true, it is up to these women to step up, stand together and speak out to make sure they’re heard and demand equal treatment in the workplace.

“Performance reviews that feature rigorous, detailed criteria and that are regularly scheduled, taken seriously, and conspicuously tied to compensation and advancement are a critically important factor for easing gender bias,” said Lauren Rikleen, in her book ‘Ending the Gauntlet, Removing Barriers to Women’s Success in the Law,’
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March 10, 2011

Sexual Harassment Policy Critical to Fostering Proper Work Environment in Orange County

by Fakhimi & Associates

FOX Business published an informative article on sexual harassment in the workplace. It is as important for employers to understand their rights and obligations when it comes to preventing sexual harassment, as it is for employees to know their options when victimized.

Our Riverside employment attorneys understand employees may be reluctant to come forward, particularly in today’s tough job market. And in many cases what starts out as relatively innocent banter or flirtation, may evolve into something uncomfortable. Often an employee may feel he or she is powerless to complain after initially permitting such behavior. And it is not always she — men are more frequently becoming victims of sexual harassment in the workplace.

Thus, it is always the employers responsibility to set clear boundaries and see that they are enforced.

Too often, sexual harassment also involves sexual discrimination or denial of an employee’s opportunities to advance based on their rejection of sexual advances.

Sexual Harassment: Under Title VII of the U.S. Civil Rights Act of 1964 whenever an employee is unfairly treated because of gender. Federal law generally applies to businesses with 15 or more employees.

Quid pro quo harassment: Occurs when promotions or job advancements are linked to whether or not an employee submits to sexual advances.

Hostile work environment: This is often the busiest, and grayest, area of law these days and involves an employee who feels uncomfortable about the sexual banter or sexually charged comments in the workplace.

Employees have an obligation to proactively address complaints. An office environment where sexual harassment is not properly addressed will typically lead to low morale and increased turnover. And the legal consequences can be severe: the average jury award in a sexual harassment lawsuit is more than $200,000.

One rogue manager can put a business at risk. Employers need a clear, written sexual harassment policy and must enforce it uniformly. Such guidelines should include a person or persons within the company who are designated to receive complaints. The chain of command that will handle the complaint and the procedures for doing so.
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March 8, 2011

Supreme Court rules employees broadly protected in employment discrimination cases in San Bernardino and elsewhere

by Fakhimi & Associates

The U.S. Supreme Court has ruled that an employment discrimination lawsuit in San Bernardino may be brought for actions of any supervisor — not just a company’s top decision maker.

Our Orange County employment attorneys note the illegal discrimination must be found to be a “motivating factor” in the supervisor’s actions. Common factors in employment discrimination are age, race and sex. Federal and state law prohibits employers from discriminating against employees or potential employees.

The Los Angeles Times reports the nation’s high court voted unanimously to support a broad approach in employment discrimination cases, after more than a decade of lower court indecision over whether such cases should focus only on the supervisor with hiring and firing power, or on other supervisors who may have influenced the outcome.

The court’s decision restored a $57,640 verdict awarded to an Army reservist who was fired from his job as a medical technician at Proctor Hospital. He claimed two of his supervisors were biased against him because of weekend absences to fulfill military obligations. He was ultimately dismissed from his position and sued under the Uniformed Services Employment and Reemployment Act of 1994, which forbids discrimination against employees because of military duties.

An appeals court had dismissed the case, saying the firing decision was made by a vice president of human resources, and therefore the comments of immediate supervisors regarding the employee’s military duty should not have been taken into account.

The case is Staub v. Proctor Hospital.
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February 25, 2011

NASA lab faces discrimination suit in Southern California over Creationism

by Fakhimi & Associates

In one of the more unusual employment lawsuits in Orange County or the surrounding areas, a Southern California man claims he was fired from his job at a NASA laboratory for doubting Charles Darwin’s theory of evolution.

Our Orange County discrimination lawyers would file this one under discrimination based on religious belief, which is protected by state and federal law. The Pasadena Star-News reports the employee is a well-known proponent of “intelligent design” who writes the blog “Creation-Evolution Headlines.”

He initially filed suit in Los Angeles Superior Court last April, claiming he was demoted from his job at NASA’s Jet Propulsion Laboratory because of his beliefs. He now plans to add retaliation charges after he was laid off from the lab earlier this year. He may also claim a free-speech violation.

The original discrimination lawsuit in Los Angeles was filed under the California Fair Employment and Housing Act. An Orange County employment attorney may claim retaliation if a client suffers negative consequences as a result of asserting his or her rights in the workplace, whether the issue is employment rights, or alleging a violation of health and safety regulations.

The First Amendment claim could be made as a result of a new Supreme Court decision, NASA v. Nelson, which was issued in response to a lawsuit by employees of the lab, which claimed background checks were a violation of their civil rights.

Legal theorists said such an argument might be made if intelligent design is viewed as a political opinion and not a religious one; protections for religious activity have not been read by the courts to include speech during work hours.

Detractors say the scientific community at NASA has encouraged criticism of intelligent design and has tried to shut down any pro-intelligent-design view points. The same employee has made a First Amendment claim against the California Science Center in Los Angeles.
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February 17, 2011

California State Automobile Association accused of Age Discrimination

by Fakhimi & Associates

The California State Automobile Association lost a pay and age discrimination dispute on appeal after the court found the organization’s reasons for terminating older workers “doubtworthy.”

An Orange County discrimination lawyer should always handle cases of wage, age or sex discrimination in the workplace. Such cases have become more common as the workforce ages and companies seek to trim high-wage earners from their payroll.

Victims of age discrimination can be devastated both emotionally and financially and may never recover the earning power that comes with losing a job late in one’s career. An Orange County employment attorney can review the facts and circumstances in such cases and may be able to successfully fight to reclaim a client’s job or obtain a financial settlement.

The human resources trade publication HR.BLR reported that the three employees joined the CSAA office prior to 1976, where they worked as sales agents. They had agreements that sales quotas would be reduced by 15 percent for those over 55 with at least 15 years of service. And by an additional 25 percent at the age of 60.

In 2005, one of the defendants was fired for failing to meet his sales quota. He was 57-years-old. The two others, ages 57 and 55, were fired for refusing to sign revised compensation plans without reduced quotas. All three sued in 2005 but the case was dismissed by the trial court.

An Orange County employment lawyer may file such cases under the Fair Employment and Housing Act, which prohibits discrimination of a protected class. In this case, the representatives claimed the CSAA wanted rid of them so it could claim renewal premiums that would otherwise go to its veteran employees. CSAA claimed the changes were for competitiveness and internal fairness.

The appeals court found sufficient evidence of discrimination to return the issue to the lower court. In particular the court cites testimony that the company was looking to rid itself of older employees and was “looking for new blood going forward.”
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