Employment and Criminal lawyer

5 Nuances of Disability Discrimination Law in California

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Under California state law, workers with disability are protected against several forms of discrimination in employment practices. Employers subject to this legislation cannot base employment decisions like hiring, firing, promoting, paying, or training on an employee’s disability status. Moreover, employers are legally obligated to make reasonable accommodations for workers who have a disability so that they can perform their job duties. Employees who are protected under state law include those who suffer from physical and mental disabilities, as well as medical conditions. Physical disabilities include physical impairments affecting a major bodily system and limiting a major life activity. Some conditions have been explicitly named as protected under state law: blindness, deafness, missing limbs, mobility impairments requiring wheelchair use, cerebral palsy, and episodic or chronic conditions like epilepsy, seizure disorder, diabetes, multiple sclerosis, HIV/AIDs, hepatitis, and heart/circulatory disease. Mental disabilities in this context include mental or psychological conditions that limit a major life activity (e.g. autism, bipolar disorder, obsessive compulsive disorder, clinical depression, cognitive disabilities, etc.). Medical conditions refer to genetic characteristics associated with a disease or health impairment related to a diagnosis of cancer; they often come up in disability discrimination because of increased risk of future medical issues. These definitions may seem vague or unclear, giving a glimpse into how complicated disability discrimination law can be. Let’s look at a few things that are good to know about the coverage and limitations of disability discrimination law in California.

  1. California law specifically excludes particular mental health problems
    While California law has broader protections for workers with disability than federal law, there are explicitly excluded categories of mental health problems that are not protected at all from discrimination in employment practices. These include compulsive gambling, kleptomania, pyromania, and particular sexual behavior disorders, including pedophilia, voyeurism, and exhibitionism. Additionally, substance abuse disorders resulting from the current, unlawful use of drugs are not protected. Consequently, discrimination based on any of these problems is legal.
  2. Mild, temporary disabilities are not protected
    This probably makes intuitive sense to most people. What it means is that employees suffering from conditions that have minor or no long-term effects do not qualify as a protected class. For instance, Perry has the flu. He asks his boss for a reasonable accommodation to his temporary disability in the form of a week off of work. His boss tells him he can use sick days. This example illustrates that it really wouldn’t make sense for colds, flu, and the like to allow people special accommodations when there are alternative ways to deal with those relatively mild problems. Other conditions not protected include sprains, muscle aches, bruises, soreness, minor scrapes, non-migraine headaches, and minor gastrointestinal disorders that are not chronic. If employers want to fire someone for getting the flu, they can technically do that, assuming at-will employment, and most courts will not cry foul unless the sick person had a pretty severe reaction.
  3. Reasonable accommodations must be, well, reasonable
    Yes, employers must make reasonable accommodations for employees with disabilities. What does that mean exactly, though? “Reasonable” in this context means the accommodation does not impose an undue hardship on the employer. Undue hardships would involve substantial expense and difficulty for the employer and can be determined by looking at things like the employer’s financial resources, the size of the business, the nature and cost of the necessary accommodation, and the impact the accommodation is likely to have on the employer’s business operations. Given that, it is usually possible for employers to come up with reasonable accommodations. Installing ramps, providing screen reader software or closed captioning at meetings, printing materials in large print, and adjusting work schedules are all examples of common, relatively simple solutions to problems posed by certain disabilities.
  4. Employers who do not know cannot be held liable
    Employees with a disability typically have a responsibility to make their employer aware of any need for accommodations. Legally, employers cannot be held responsible for discriminating based on disability if they were unaware of the disability. For instance, employers are not liable for failing to accommodate someone they did not know needed to be accommodated. Most employees with disabilities who might need a reasonable accommodation should inform their employer about their condition, assuming the disability and limitations are not very obvious. It is a good idea for employees to give notice of their disability in writing, whether through email, text, or dated letter. Documenting this notice can protect the employee later if the employer tries to deny knowledge of it. Sometimes, employees must provide medical documentation confirming their disability or need for accommodation and in those cases, failure to do so can preclude any claims of illegal disability discrimination.
  5. Some employers must accommodate people suffering from alcoholism and/or drug addiction
    Employers with 25 or more employees must provide reasonable accommodations for employees with addictions to drugs or alcohol. However, employees are only eligible if they voluntarily enter and participate in a drug or alcohol rehabilitation program, which the employer must permit as long as the leave of absence would not pose an undue hardship. The period of leave is unpaid unless the employee uses accrued leave, like sick days. Moreover, the employer has a duty to try to protect the privacy of any employees who do choose to participate in the rehabilitation program. These protections only extend so far, though. Employers are within their right to discipline or fire employees who show up to work under the influence of drugs or alcohol, as well as employees whose performance is negatively affected by their alcohol or drug use.
  6. Mixed-motive claims can get tricky
    If an employer takes an adverse employment action against an employee and part of the reason is based on said employee’s disability or the employer’s perception of a disability, then that should be grounds for a successful discrimination lawsuit, right? Well, not exactly. If there were multiple motives the employer had in taking the action and they were not all discriminatory, then the law gets a little more complicated. An employer might have legitimate reasons to fire an employee with a disability that are unrelated to the disability. In mixed-motive disability discrimination cases, the discriminatory intent must be a “substantial motivating factor” in the adverse employment decision. If an employer can show that a legitimate, non-discriminatory motive by itself would have led to the same decision, then their liability is significantly reduced. Clearly, there are many nuances of the law when it comes to disability discrimination. Because the law can be so complicated, employees who think they have a claim or want to understand their rights better are urged to contact a discrimination attorney. Together, they can work towards equality for people of all abilities.
+ نوشته شده در پنجشنبه 21 شهريور 1398ساعت 4:47 توسط Reza | | تعداد بازدید : 74

9 Things Job Hunters With a Disability Should Know


1. Where do my rights come from?

When it comes to disability discrimination, there are a few different sources of rights an employee may use to defend himself or herself from mistreatment. Depending on what type of employee and employer the scenario involves will determine what body of law to apply. The Americans with Disabilities Act (ADA), the Rehabilitation Act, and the California Fair Employment and Housing Act (FEHA) are the sources of rights for employees with a disability. Although all three are very similar, FEHA, unlike the other two Acts, is not a federal Act. This means it applies at a state level and is less likely to be interpreted via federal decisions. The good thing about FEHA is that provides more protection for employees.

2. What legislation provides rights to me specifically?

The answer is not straightforward and may depend on the facts of the particular case, but the Rehabilitation Act will apply to you if work for a federal agency, a federal contractor, or you receive federal financial support. You may have rights under the ADA if you are one of more than 15 employees at your job. However, for those employees at a smaller company, FEHA will protect an employee who is one of five or more employees.

3. Are employers required to take into account my disability when hiring?

Affirmative action is a particular type of hiring policy enforced by employers to afford equal opportunities to legally recognized minority groups. Per the Rehabilitation Act, federal contractors are required to incorporate affirmative action in their hiring practices. This means an employer must consider an employee’s disability when choosing a candidate to fill a position. However, employers that fall under the ADA and FEHA are not required to apply affirmative action when hiring. For example, an employer would not be obligated to take into account the fact that an employee belonged to a minority group and hire them as a means of representing an underrepresented group.

4. Do I have a legally recognized disability?

Not all conditions, illnesses, or impairments are identified as a “disability” under the law. It can be frustrating for some employees of interviewees who are entitled to benefits from the government for their disability because this does not automatically deem he or she as an employee with a disability under the ADA. An employee or interviewee would need to discuss with an employment lawyer as to whether he or she has a legally recognized disability by a particular Act.

5. Are my eyeglasses or contact lenses considered a disability?

Usually, the law determines whether an employee’s disability is legally recognized which is measured by whether the disability impairs an individual’s ability to carry out a major life activity. But what about if an employee or candidate has poor eyesight, is that considered as a disability? In most cases, an employee or candidate who has poor vision will only be considered as having a disability if the impairment cannot be corrected with prescription eyeglasses or contact lenses.

6. What if my disability requires an interpreter or reader?

For some individuals who have been professionally diagnosed to have a disability may require a reader or an interpreter. This may arise if an employee or candidate wears a hearing aid or has a processing deficit. For instance, an employee may be able to carry out a job but on occasion may need someone to read him or her certain paperwork during an annual training seminar or for a person who is undergoing a test in an interview for a position. Depending on what legislation is relevant to the particular employee or candidate will determine whether the employer is obligated to provide this kind of accommodation. If an employer is required to provide this type of accommodation to an employee and in which cases refuses, that employer could be liable for disability discrimination.

7. What if my disability is irregular?

For an employee or interviewee, it can be difficult to explain to an employer that their disability impacts them sporadically. does an employee or interviewee tell their employer that their disability is unpredictable? In other words, the individual can have periods of being in a well state followed by random spells of their disability impacting their health. Some examples of this may be HIV, epilepsy, diabetes, or remission for cancer. Flare-ups or a spike of impairment does not mean an employee does not have a disability and should not be entitled to accommodation in the workplace. Disabilities are not always predictable and the legislation recognizes individuals who experience sporadic impairments.

In certain situations, depending on the specific disability and how the disability affects the employee or interviewee’s ability to perform key life activities, may be considered a disability under California legislation.

8. The name disability is not listed under the legislation

Just because the medical term used to diagnose your disability is not specified under the legislation or perhaps your employer has never heard of it, does not mean you are not entitled to protection under the legislation. In order ensure that most disabilities are recognized, the legislation does not look to the name of a disability or condition but rather to how it impacts an employee or interviewee’s ability to perform key life activities. Examples of key life activities include bathing, walling, seeing, hearing, speaking, breathing, etc.

9. How do I know if I was discriminated against based on my disability?

Many laws in California protect employees with a disability as well as individuals who are participating in job interviews. Although the laws are there to provide protection, the laws are complicated so employees may not know their rights and employers may not be abiding by their obligations. The best way to know if you are being discriminated against by an employer to meet with an employment lawyer who specializes in representing employees against their employers.

A good place to start in your search for a discrimination lawyer would be to search for a firm who offers free consultations.


برچسب ها : discrimination lawyer ,
+ نوشته شده در جمعه 1 شهريور 1398ساعت 4:19 توسط Reza | | تعداد بازدید : 54

2 Challenges Veterans Might Face at Work

Veterans often have difficulties getting hired, in part due to widespread stereotypes and biases against them. Even when veterans get past that first stage and are hired (congrats!), they unfortunately still often have challenges to deal with in the workplace. They might find that they do not love the new job. Maybe their coworkers are cruel, scorning the military, or perhaps the boss is treating them differently than everyone else because of their status as a veteran. If you are a veteran and that sounds familiar to you, you are not alone. Luckily, veteran status is a protected class in California and employers are not allowed to discriminate based on that in the same way they cannot discriminate based on traits like gender, disability, or race. In fact, veterans have additional safeguards under federal and state law, as well, such as the right to reemployment after service with job security for a year for those who meet eligibility criteria. Although legal protections exist, employers and even coworkers can still violate your rights. This article will give a few examples of challenges veterans might face at work to help illustrate what to look out for in the workplace. If your rights are violated, an employment attorney can help you figure out what you can do about it.

1. Harassment from coworkers

One thing that most people can agree on is that doing a job becomes much more difficult when coworkers create an unwelcoming, even hostile, work environment. No one wants to go to work if they cannot count on being respected by their colleagues and boss. Because of negative stereotypes and personal biases, oftentimes people can act very poorly towards veterans, even if they do work with them. Harassment, though, is a form of illegal discrimination and in California, both employers and coworkers can be held liable for engaging in it (or, as an employer, permitting it). To get a sense of what harassment against a veteran could look like, let’s imagine the following:

Nick served in the Marine Corps for four years. When he returned, he was reinstated to his former position as a factory worker, but was let go after a year. After this, he spent a few months searching for a job before finding a place that hired him. His new job is similar to his old one, but he finds himself wishing he could go back to his old job because of his new coworkers. For the first few months at this job, Nick’s coworkers make him the butt of their jokes constantly, even though after the first few weeks, he told them to knock it off. With clear disdain, they make fun of things like his “military posture” and denigrate his morals, saying things like that he has “the blood of a killer.” Nick’s focus is constantly interrupted by anxiety over what he feels is bullying and he comes to detest going to work. Even his blood pressure has increased since starting this job. Eventually, he files a complaint with human resources.

Nick is in what appears to be a very hostile work environment due to the harassment by his coworkers. If nothing is resolved after he notifies the company about the discriminatory harassment, Nick could have a legal claim against his employer for permitting discrimination in the workplace. Note that harassment is not always so obvious; it can also come, for instance, in the form of rumors or inappropriate but not ill-intentioned comments. Regardless of how the harassment manifests, it can be very damaging to the victims and employers must protect their veteran employees from the suffering it can cause.

2. Denial of time off for medical leave

Veterans often suffer from serious health conditions related to their military service. Common conditions include amyloidosis, traumatic brain injury, respiratory cancers, musculoskeletal ailments, and depression. Federally, the Family and Medical Leave Act offers eligible employees under covered employers up to 12 weeks of leave in a 12-month period for a few different purposes, one of which is to deal with serious health conditions. Although this leave is generally unpaid, employees can use accrued paid leave during FMLA leave. This means that for veterans who have accrued paid leave from their civilian job during their military service (under a different federal law), they may be able to get paid time off for a serious health condition upon returning. Let’s look at an example of how a veteran might illegally be denied time off for a serious medical condition:

Tiana returned from military service two years ago. For a year and a half, she has been working full-time at the same big company. She has been diagnosed with clinical depression, which she is taking antidepressants for. Despite this treatment, she begins to notice that, as happened before she was on medication and at this job, she is finding it impossible to sleep, is irritable all the time, and no longer finds interest in her work or hobbies. When she realizes these symptoms of depression are severely interfering with her life and her job, she asks her psychiatrist if her medication might not be working as it should. Tiana is told that she can switch her antidepressants if she would like to, but recommends that regardless of whether or not she wants to take antidepressants, Tiana should take time off from work to do some inpatient therapy. When Tiana requests this time off from work, giving a short but sufficient explanation of why along with her doctor’s note to her employer, she is told that she doesn’t need time off; she just needs to spend more time in the sun.

Tiana’s employer, assuming she is subject to the FMLA, is breaking the law by denying Tiana time off to treat her serious health condition. There is a pervasive stigma against mental health disorders, but they are as debilitating as physical disorders, oftentimes more so, and they are covered by the FMLA. Veterans have increased rates of multiple serious health conditions compared to the general population, so it is important that their rights to treatment and healing time are not violated. Moreover, discriminating against an employee, veteran or not, based on a physical or mental health condition is illegal.

Serving in the military is anything but a cakewalk. It involves an often highly dangerous job, time away from family, and for many returning veterans, it leads to workplace discrimination and denial of rights that should be afforded to them. With all that veterans have sacrificed for the country, it is well within their rights to speak out against unlawful behavior. If you are a veteran facing challenges like the ones above or you believe your rights have been violated in another way, contact an employment attorney. You deserve respect and fair treatment at work, and an employment attorney can help you get what you are entitled to if you are denied that.


برچسب ها : employment attorney ,
+ نوشته شده در جمعه 1 شهريور 1398ساعت 4:12 توسط Reza | | تعداد بازدید : 59

5 Things You Didn’t Know About Being Forced to Quit

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If your boss fires you for an illegal reason you can assume you should call an Employment Attorney to discuss a potential suit against the organization for wrongful termination at the very least, but what if you were forced to resign? Being “forced to quit” or “forced to resign” at first blush sounds a bit out of the ordinary. What does it actually mean to be forced out of your position, and if you actually were forced out, do you still have a claim against your ex-employer? Usually, if an employee finds themselves in this kind of a situation, he or she may bring a claim for wrongful termination and or breach of employment contract which came out of an employee’s forced resignation. Below are five things you may not have known about being forced to quit.


1. Being forced out of your job is an actual thing

Being squeezed out of your employment by your employer is a thing, it’s called “constructive discharge”. The way in which constructive discharge arises is in situations where an employer actively tries to make the particular employee’s employment so unbearable that they are forced to resign or retire which may be a reason to sue for wrongful termination and or breach of their employment contract.

In order to pursue a claim against an employer for construct discharge, an employee would need to prove it is more likely than not that their employer purposely made the employee’s work conditions unbearable or the employer knew the conditions were unbearable and did nothing to cease further occurrences. Again, this is something a wrongful termination attorney should analyze in order to decide whether there is a potential claim.


2. Were you pressured into quitting or resigning?

What factors are taken into account in deciding if an employee really was constructively discharged? Although not an exhaustive list, there are certain features an Employment Attorney will consider in deciding if an employee was constructively discharged. The features include a reduction in rank, a decrease in pay, decrease in job responsibilities, harassment, including sexual harassment or harassment based on a protected class, and causing extreme humiliation, all of which amounts to forcing the employee to quit.

3. It’s based on an objective standard

In deciding whether an employee was constructively discharged, the behavior of the employer is observed from an objective standpoint not subjective. This means the employer’s acts are judged based on what a reasonable employee in that particular employee’s position would have found to be intolerable work conditions, not what the particular individual may find to be unbearable. The rationale is to avoid the allowance of overly sensitive employees to make claims but it also does not allow employers to escape a lawsuit even if a particular employee is more tolerant than most.

Keep in mind that in applying the objective view, even if the reasonable employee would find certain treatment to be upsetting or disappointing, those feelings are not enough to amount to an unbearable work environment.

An employment lawyer will be able to apply the reasonable person standard to your situation and tell you if a reasonable employee would likely find the circumstances unbearable.

4. Where is the line drawn?

“Intolerable” or “unbearable” working environments are usually measured by how often the acts in question occur. For example, the more frequent the conduct or harassment, the more likely it is considered insufferable. Also, employment law will likely classify a work situation as “intolerable” if it is abnormally antagonized. For example, Pam worked at a retirement home as a nurse. For several months her boss had been continuously transferring her to different positions, placing her under the supervision of other employees who were less qualified than she was and also much younger. Often her boss would violently scream and torment her in front of other employees to the point where she could not get her work done because it was so distracting. Finally, Pam was forced to resign from her position because the constant disruption of being transferred as well as harassed on a daily basis was intolerable. Here, because the acts were continuous over an extended period of time, Pam’s Employment Attorney may be able to file suit against her employer for constructive discharge.


5. “I quit” doesn’t necessarily mean no claim

It would seem rational to assume that if an employee quits their job, they can’t turn around and sue their boss but that’s not always the case. An employee quitting may be the end result of their employer’s behavior towards him or her in the workplace. If an employee decides to quit or resign due to the way in which they have been treated by their employer, under the law the resignation may be classified as a termination. For example, George, an agent at a real estate company made a complaint to his boss about illegal practices conducted by the company. After he made the complaint, George was demoted to a lower-paying position and was forced to move his desk into the break room. This put George at an extreme disadvantage on many levels and above all George felt humiliated which ultimately lead him to quit. Here, George was entitled to make a complaint about illegal practices at the workplace, therefore the demotion and moving his desk to the break room may all be forms of retaliation. George may also show he was constructively discharged because he was subjected to the demotion, lower pay, and his demotion was put on display for the whole agency to see in the break room. An employment lawyer may be able to decipher whether George has a claim again his employer.


Although it seems like an employee may not have a claim against their employer because they quit their job, depending on the circumstances he or she may be classified as “fired” regardless. If the employer subjected the employee to an unbearable work environment, the employee needs to consult with a legal professional. An employee who suspects they are heading down the path of constructive discharge should reach out to an Employment Attorney to discuss the facts of their case.


برچسب ها : Employment Attorney ,
+ نوشته شده در جمعه 1 شهريور 1398ساعت 3:15 توسط Reza | | تعداد بازدید : 70

SEXUAL ASSAULT CASES CLIMBED CONSIDERABLY IN THE ARMED FORCES IN 2019


sexual harassment

Sexual assault cases climbed considerably in the armed forces in 2019.

In response, the United States Defense Department issued a new directive that's meant to combat the serious issue of sexual harassment and assault. The department plans to codify sexual assault as another military offense with stronger penalties.
Of sexual assault and harassment have risen throughout the army with a recent study finding that documented cases rose from 4,800 in 2016 to over 6,050 in 2018. Because high quantities of sexual assault across all segments of society go bankrupt, officials believe the actual number could be more than 20,000 instances for 2018. This represents an alarming rise of 38 percent over the past two years.

Right to a Safe Workplace

Employees in all offices have the right to a safe workplace free of sexual harassmentand assault. In the aftermath of this #MeToo movement across the USA, more attention has been paid into the often-hidden epidemic of sexual harassment and assault at work. The U.S. Army has become the subject of frustration from lawmakers and advocates for a lack of adequate improvements to tackle it within its branches, in addition to the service academies.

1 recent report found that 43 percent of women who report sexual assault to army officials say the procedure resulted in unfavorable experiences for sufferers, including retaliatory harassment. The Defense Secretary said that the difficulty undermines morale and trust and impacts military readiness. Members of Congress known as the problem that an urgent one and advocated for Congressional supervision due to what they view as the failure from the Department of Defense to fight it. The five military academies also found a shocking growth of almost 50 percent of sexual assault because of 2016, according to defense officials.

In the event that you have been the victim of workplace sexual harassment or assault, it's necessary to have strong legal representation from a proficient employment lawyer who will advocate for your rights. Sexual harassment and assault in the workplace are violations of Title VII of the Civil Rights Act of 1964 and can include a variety of unwanted advances that make a hostile workplace. Sexual assault is also a criminal action and the army has not released additional details of how they want to further prosecute criminals and increase penalties.

Many times, workers who are experiencing sexual harassment are advised to talk to their boss.

As per a recent analysis, power and authority frequently contribute strongly to office gender dynamic and those interactions can turn toxic

Some of the eye-opening statistics found in the analysis include:

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One in three workers (36 percent ) have witnessed someone in a more effective position make the most of an individual in a less powerful position on the job
29 percent of women and 20% of men have experienced unwanted advances from a supervisor. (The number rises to 35 percent for men and women aged 18-34.)

Nearly one in four women (24%) believe the endured career setbacks because they denied advances from somebody in authority.

57% of women and 39% of men would abandon their jobs when they discovered an executive in their company was providing privileges to workers in exchange for sexual favors

Sound Familiar? Hers What to Do

Document the Behavior

Is crucial to record every improper event when constructing a case for sexual harassment. Write down what occurred, what got mentioned, the time and day, and any relevant information. Do it as soon as possible after an event occurs

Maintain your documentation in a safe place so no one in your office can find it

Speak to Human Resources

If you submit a claim for sexual harassment with your HR department, is on them to conduct an investigation. Should you dot have a dedicated HR officer, then finds out was in charge of the majority of employee issues at your company. This Individual Is Most Likely the person to take this problem to

Go On Your Boss Head

If your boss is your problem, you obviously cat report sexual harassment to these that you may consider reporting it to their supervisor

Speak to an Attorney

Becoming subject to an abusive boss puts you at a specially vulnerable position is essential to talk to a lawyer with a strong Comprehension of sexual harassment law

Your sexual harassment lawyer will be able to help you ascertain what really going on and whether it qualifies as sexual harassment under the law; record and handle the situation as efficiently as you can, and file a charge if needed.


برچسب ها : sexual harassment lawyer ,
+ نوشته شده در سه شنبه 8 مرداد 1398ساعت 4:51 توسط Reza | | تعداد بازدید : 63

ALL VICTIMS OF SEXUAL HARASSMENT

sexual harassment

Half of the workers surveyed report that they ignore sexual harassment

People frequently stay quiet out of fear.

Believe it or not, a recent analysis demonstrated that over half of people have spoken after seeing seen sexual harassment in the workplace.

According to the survey, while 51 percent of both men and women surveyed say they know a girl who has been sexually harassed at work, 50% admit they have spoken after hearing a colleague make an inappropriate

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Comment about a person of the other gender

The reason? In cases where sexual harassment is happening to someone else, the majority of people are certain what to do. And, no doubt, fear of retaliation plays into this too.

Isn't an unfounded fear.



But sexual harassment must be happening to you especially so as to make a complaint. And both submitting a fee (even if is not about you) and intervening to protect a person from harassment have been legally protected actions. If you discover yourself being retaliated against, you don't have recourse in court.

What Is Retaliation

If you find your employer doing any of the following matters following your reported sexual harassment, You Might Be a victim of retaliation:

- providing you a low-performance test
- Demoting you personally, transferring you to a less desirable place or occupation, or changing your schedule to hinder responsibilities you have outside of work

- Scrutinizing your workout more closely

- Threatening to report you to authorities

- Subjecting one to verbal or physical abuse

What Rights Do You Have as a Victim of Retaliation

Many actions you take in reaction to sexual harassment are actually protected actions under the law, including:

- Filing a complaint about sexual harassment (whether or not you were the victim), or be a witness to such a fee

- Discussing sexual harassment using a manager

- Answering questions during an investigation of sexual harassment claims

- Declining to obey orders that would Lead to discrimination

- Turning down sexual improvements

- Stepping in to protect someone else from sexual harassment.

If yore engaging in the complaint procedure, that action is protected by EEOC law. Other actions you might take are protected as long as you were acting under a reasonable belief that the behavior in question violates EEOC legislation

Not certain what to do about sexual harassment you seen in the workplace? Can you suspect your employer may be retaliating against you? If this the case, you require a lawyer.

The best Irvine sexual harassment lawyer who specializes in employment law can help you spot was going on, determine your rights, and protect yourself from workplace retaliation.

Sexual harassment was a widespread problem in the workplace for what has apparently been ages.

Unwanted and illegal interactions at work have been worrisome for generations. Various studies have demonstrated that eight out of 10 women experienced sexual harassment in the workplace. Women who suffered through this experience had reported psychological and physical problems, career development issues, lower wages, and other unwanted and dire effects Reporting

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Sexual harassment and its unwanted effects dissuade women from pursuing higher wages and positions.

The Collaborative Fund for Women's Security and Dignity was launched in hopes to end sexual harassment in the workplace. It's been noted that 11 U.S. funders have dedicated $20 million to help combat this serious and re percussive problem. The #MeToo motion has raised awareness of workplace discrimination and harassment to a global level.

Insight into the workplace environment was brought to the forefront, and it is not only women who are affected by sexual harassment. Workplace discrimination and harassment have become a systemic problem for all people. The Fund is dedicated to not only equal workplace rights for all sexes but also racial justice too. It's usually unfamiliar that African American women are exposed to more sexual harassment and violence than others; in fact, the very first workplace sexual harassment lawsuits in the USA have been registered by African American women. Discrimination and sexual harassment have intertwining qualities that influence women regardless of their race, age, or class.

The Fund looks for and supports solutions that have come from the people who experienced them. The Fund will begin grant making this season and will look to benefit those in the community who want to make a difference and help end sexual harassment and violence toward women. This includes movement leaders, networks, and associations who struggle for equal rights for women throughout the world.


برچسب ها : best Irvine sexual harassment lawyer ,
+ نوشته شده در سه شنبه 8 مرداد 1398ساعت 3:29 توسط Reza | | تعداد بازدید : 56

EMAIL CHAIN UNCOVERS SEXUAL HARASSMENT CLAIMS

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A current Microsoft employee email chain reveals girls sharing episodes of discrimination and sexual harassment, and today the company best human resources executive is acting.

Microsoft senior leadership is exploring all claims. This is not the first time the tech giant has come under fire for sexual harassment. In 2018, a class-action lawsuit claimed the 238 discrimination and sexual harassment complaints were managed by the business in a lackluster way.
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Harassment, while 119 stated they had been victims of sex discrimination. Three women said they had pregnancy discrimination, and eight girls claimed they had been retaliated against because they whined about their work situations. The lawsuit also clarified the air at Microsoft as a beaus club.

Inquiry Leads to Mail Chain

The email chain began on March 20, when a female employee who had been stuck at the exact same job for six years asked about how to maneuver in the Microsoft company. 1 woman claimed she was given simple tasks on one project that included booking hotel rooms and taking notes at meetings. Another woman claimed she was on a business trip with a man working for a partner company who threatened to kill her if she didn't perform sexual acts. When she reported the incident to Human Resources (HR), she was told the man was just flirting, and there was nothing they could do since he didn't work for Microsoft.

A senior-level female employee who earned the name of Microsoft Partner claimed that she was asked to sit on the lap of another employee in a meeting before colleagues and HR. When she cried and cited business policy, the man making the request said he did not have to listen to the coverage and repeated his request that she sit on his lap. Employees commented that they found the thread educational and empowering.

Use of Derogatory Names

Apparently, using derogatory language at Microsoft toward female employees happened often. Girls on the ribbon claimed the use of derogatory names against them was pervasive at the provider. A female engineer who had worked at other significant firms said that wasn't something that she had elsewhere, but it was common at Microsoft.

Human Resources Responds

The female head of HR at Microsoft is taking the claims made on the email thread quite seriously. She and the senior leadership team were sad and appalled that employees were dealing with these issues. She informed people who suffered these demeaning experiences to contact her directly so that she can investigate the situation personally.

Sexual harassment has happened in the office for so long as men and women have worked together, but the #MeToo movement marks a sharp breaking point.

Strong men have lost their jobs as a result of sexual harassment. In addition, local and state government

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Initiated a variety of new laws for combatting sexual harassment at work.

New Laws in Place

Since many anti-sexual harassment laws have happened on the state and local level, it is very important that employers and employees are aware of what constitutes sexual harassment. Businesses are mandated to put anti-sexual harassment policies and coaching programs set up. For a company, which means such obligations are public, and all employees, including future employees, can understand the circumstances, as well as business partners, shareholders, and clients. Public disclosure incentivizes companies to make sure no form of sexual harassment is tolerated and criminals are dealt with as quickly as possible. When confidentiality arrangements are set up, sexual harassers will continue to act inappropriately and not suffer consequences.

Promoting General Civility

Treating other people as you want to be treated is a historical idea. Too many companies focus on the legal accountability surrounding sexual harassment and fail to promote an atmosphere of general civility in their workplaces. A holistic approach to sexual harassment involves training policies and programs. Just when employees respect each other and proactively work to prevent sexual harassment at work will this kind of behavior become something of the past.

Speech All Harassment

While sexual harassment receives the most attention, employers anti-harassment policies and training must also include other forms of harassment. This includes age, race, disability, ethnicity, and religion. Employer policies and training should make it clear that no kind of harassment is acceptable at work, and reporting procedures must prove straightforward.

In case you experienced sexual harassment or discrimination at work, an expert sexual harassment lawyer can assist.


برچسب ها : sexual harassment lawyer ,
+ نوشته شده در سه شنبه 8 مرداد 1398ساعت 3:22 توسط Reza | | تعداد بازدید : 37

DEMOTED AT FUNCTION ONCE REPORTING HARASSMENT - CAN I HAVE A CASE?

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Any consequences for reporting legal issues in the office are illegal due to laws which protect against retaliation for those activities together with the employer and particular workers. The demotion or termination due to retaliation is illegal and may result in a legal claim against the company for compensation or even a lawful treatment.

What Is Workplace Retaliation?

When someone becomes a whistleblower about something which is illegal at work, he or she can speak to the appropriate authorities and be sure that the activity ceases. This activity can elicit a response from law enforcement who penalizes the company or criminalizes the action to arrest a person. If the manager of this whistleblower demotes the person right for this contacting of the relevant authorities, this really is office retaliation. This response is illegal as someone that engages in these activities has protections by state and federal laws against retaliation.

Protection from Retaliation

While sexual harassment may result in a legal response in some manner, retaliation also includes a legal response. The person in the company has security against retaliation by law. The employer or anybody else in the company has no right to punish the person for engaging in whistleblowing. Ensuring that harassment or discrimination does not continue is the best of any employee. If this person assisted with a workplace evaluation, he or she'll have protections by law against termination, demotion or even a loss of benefits among additional safeguards.

Defining the Incident

When a manager or boss demotes or terminates a person, it is crucial to define this as illegal or invalid. The company can do this without any motive or with the ideal reasons based on particular actions taken at work. The problem is connecting the demotion or termination of employment to the record of harassment. When it is subtle, this may require an investigation and possible contact with the Human Resources department to submit a complaint and report the matter. The more clearly linked the incident is to the record of harassment or another report that gets the company in legal trouble, the more of a case that the employee has

The Adverse Action

If someone could suffer retaliation for reporting an event, afterward facing demotion or termination within an actionable offense, he or she can face real retaliation that is illegal. The actions of the company are to discourage making reports to the authorities about what happens within the small business. When these policies or procedures are set up, the company is engaging in illegal activities that may also lead to actions from outside sources

Seeking Legal Action

When an employer acts illegally by demoting or terminating the employee through retaliation, it is crucial to get in touch with the EEOC and a Los Angeles sexual harassment lawyer before doing something else. The lawyer may explain that numerous procedures will proceed with reviewing the matter. The EEOC may need to look into the very first report of harassment and then pass on the situation of termination of demotion to the lawyer with all applicable information to go for a case of retaliation. The proof is essential to holding the employer liable for this particular activity. To return to work or seek compensation for the damage caused, the former employee may need the link to the two cases

It does not make any difference if he or she contacted the EEOC or an internal division to deal with the circumstance. Provided that the report was created in good faith, the company does not have any lawful right to retaliate against this person. When the person participates with this investigation, he or she's free of actions from a supervisor or manager. Including demotion or termination. A legal case against the company is possible when the employer does participate in this activity no matter how harmful

Legal Support against Retaliation

When harmed after creating a record for harassment while in the office, the employee will need to seek advice from a lawyer first. The legal practitioner will explain the procedure and how best to resolve the problem between him or her and the employer which could progress to the courts.

When most people consider libraries, they envision places where everybody may learn and relax in a serene, quiet, pleasant setting.

However, some staff members from the Free Library of Philadelphia claim their employer is anything but welcoming. In fact, they allege the Free Library is a place not just of entertainment and educational materials, but of bias and discrimination.

These claims against the public library came to the forefront in overdue 2018, when the library hosted

Public survey of its workers. The survey was prompted because of tales of bias with an employee diversity training session late last autumn. Rather than hearing positive responses, the library received stories of an unpleasant setting, particularly for women, members of the LGBTQ community, and various minority groups. Very quickly, the survey results were eliminated from public opinion, just to be brought back into the light by the librarian marriage.

Among other allegations, the survey included the following claims:

- Employees were not able to attain promotions since they were not the preferred race or sexual orientation.

- Employees were forced to use individuals who exhibited disdain for employee harassment and bias training.

- Employees were upfront with supervisors and executives concerning the bias they experienced, just to have it ignored.

Of the respondents, 86 percent stated they experienced or observed racial bias on the job while 83 percent said they experienced racism, homophobia, trans phobia, and Islamophobia, among others.

Presently, the Philadelphia library system is currently in the process of requesting increased funding flows from the local authorities. Having a reputation for bias, discrimination, and possible harassment makes it increasingly challenging for them to obtain the money to keep their mission. These allegations should be a warning signal that men and women are no more comfortable staying silent about bias and discrimination, regardless if it is a mega-corporation or a nonprofit entity.


برچسب ها : Los Angeles Sexual Harassment Lawyer ,
+ نوشته شده در سه شنبه 8 مرداد 1398ساعت 3:15 توسط Reza | | تعداد بازدید : 48

INTERSECTION APPROACH TO SEXUAL HARASSMENT

Sexual harassment
Sexual harassment

Most companies have a sexual harassment policy to safeguard employees and make a more secure workplace.

Many times, these policies reflect the stereotype of a senior perpetrator harassing a poor sufferer. Sexual harassment is often about power, and also the act of harassment doesn't always fit the stereotype. The standard view of sexual harassment fails to account for the intersection of race and gender. An intersectional approach to sexual harassment in the workplace

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Can help companies protect all workers alike

The Harvard Business Review found that 31 percent of Asian girls who reported harassment in the workplace said that the perpetrator was a junior colleague. For black women, nearly one in four reported they were plagued by a different woman. Additionally, men may be less inclined to report harassment, which makes them subject to a hostile workplace and feeling as they Don't Have Any recourse

Companies can address these disparities and ensure that all workers are protected by instituting completely confidential reporting combined with confidential surveying of employee perception of bias. New technology facilitates this by allowing victims to log encrypted, time-stamped reports of the attack, with the option to report only if someone else accounts harassment by precisely the exact same perpetrator. This helps mitigate he said/she said situation that frequently contributes to punishing the victims. Updated sexual harassment training, which accounts for the intersection of race and sex, also can help combat the issue of harassment in the workplace.

In case you experienced sexual harassment, you do not have to feel undervalued or misunderstood at work no more, irrespective of your race or sex. A seasoned sexual harassment attorney can review the details of your situation and help you get the justice you deserve.

Residents in North Carolina may well are aware there is some social dissent from the nation when it comes to transgender, gay or lesbian people. Irrespective of someone 's personal feelings about the topic, a lot of individuals may assume that the civil rights legislation in place to safeguard all workers against discrimination or harassment in the workplace cover LGBT workers. Apparently, there is some dispute about it.

Three cases, three different avenues to the high court

According to Vox, in late April 2019, the United States Supreme Court agreed to hear three distinct cases that relate to civil rights protections for LGBT workers in the workplace. Formerly, the high court has refused to hear a case relating to this issue.

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The instances involve the rights of a person based on gender identity as well as another two pertain to the rights of somebody 's sexual orientation.

In the first case, a transgender woman was fired from her job in a funeral house after revealing that she was female. The U.S. 6th Circuit Court of Appeals ruled in favor of the terminated employee, suggesting that discrimination on the basis of sex includes discrimination on the basis of gender identity.

In other cases, workers were fired because of their sexual orientation. In another matter, but the case was initially dismissed by a court, an act that was then upheld by the U.S. 11th Circuit Court of Appeals.

Divided Governmental Remarks

The U.S. Equal Employment Opportunity Commission has stated that it considers Title VII of the Civil Rights Act protects against discrimination based on gender identity and sexual orientation as well as on gender. The current presidential administration, however, adamantly disagrees with this point of view.

Laws Banning Discrimination

Title VII of the Civil Rights Act prohibits discrimination however there is no federal law that explicitly bans discrimination based on gender identity or sexual orientation. A couple of states do have such legislation in place. These states are mostly on the west coast and in the northeast having a few states in the Midwest also having such protections in place. North Carolina has no such law protecting LGBT employees.

Legal Assistance Is Important When Fighting Discrimination

Anyone in North Carolina who finds themselves on the receiving end of discrimination in the workplace should contact an attorney for aid. This may give them sexual harassment lawyer to advocate on their behalf that knows the laws and how to help put regulations to work for many people.


برچسب ها : sexual harassment lawyer ,
+ نوشته شده در جمعه 21 تير 1398ساعت 5:02 توسط Reza | | تعداد بازدید : 53

No way to find the best dance band in Orange County

Funky Gators - Zydeco Band - San Francisco, CA

Three decades ago I made a choice to get healthy. But, most of us understand that keeping the weight off is the toughest aspect of any long-term physical fitness program. Sooner or later, a plateau happens and to cancel my slump I raised my cardio by conducting. This not just broke it helped me to find a little creativity can go a very long way.

Let me mention that we draw inspiration from several sources. Very frequently it"s an individual, a notion, a tune or possibly a story that could inspire us. For me personally, it was a kids" narrative about a butterfly.

Nike sponsored a streak in New York known as the Nike One Hit Wonder Run. This year, Joan Jett created a distinctive look.

I recall my final glance in the auto thermometer prior to getting out of this auto - 102 degrees. I had been sporting the ticket to get in the race - a compulsory Nike dry match, bright crimson, jersey along with my amount printed on it. 10,000 additional entrants did exactly the same. No shirt, no entrance - which has been the rule.

Driving up Madison Avenue to locate a parking place that I took note of all of the red shirts walking-biking uptown to 97th and 5th avenue, but it had been nothing in quantity when compared with the sea of red tops which were at Central Park and also in the beginning line. It near race time and the temperatures had been dipping to 91 levels.

Secretly, I get nervous before a race since I have this fear of not creating it. Why? I don"t have any clue. It"s odd. However, since I"m waiting for the race to start and comprise my own uncertainty, I overhear people discussing the hills and just how large they were. Obviously, that fed my own self-defeating ideas about conducting in these hot conditions. Then abruptly, I had been intimidated by Central Park. Can I really do it? Can I make a decent time? I just had to shop around to find that all the additional red tops and I had been doing so run together. If they can do it would I.

The countdown started. The microchip in my shoe could count my time in the minute I left the start line. I put off gradually, listening to all of the people around me chattering with enthusiasm. I"d classic disco music band playing in my iPod. I had been jamming.

This is a fantastic beginning - a great sign! I feel pretty great! I then hit the first mountain. .this was the supposed "killer mountain " I"d been hearing at the start line? It was somewhat steep, otherwise no issue. A trusted builder. Damn! Even the 9-minute mile people passed, the 9.5-second mile people passed me and that I had to have running! No way was the 10-second mile people likely to pass me. No Way!

Ugh. I"d need to run with no I had been losing too much time.

The next mile had a few little hills and I had been feeling the lactic acid buildup within my thighs. My mouth has been super ironic, I had water. I awakened again to catch a cup in the water channel, downed it, and soldiered along. Some woman behind me was yacking about the man who blew off her the night before, yet another was speaking about how she ought to have taken track up if she was younger but didn"t understand better, and yet another was speaking about her marathon training...UGhhhhhh, I had to silence the voices.

It"d be OK. I"d only need to consider something besides what I had been doing. I took note of these trees. Not because it was so large, in reality, it turned out to be a mere incline, but my legs have been feeling heavier. I handed another water channel caught a cup of water along with a Gatorade and then gulped it down.

Suddenly the red tops have become more silent.

I had considered something apart from the heat! I then saw a woman collapsed on the side of the street from heat exhaustion.

There was a general hush through the playground. The one thing I could see was that a flood of glowing red tops bobbing up and down in the space forward and all I could hear was that the continuous beat of feet hitting the asphalt. That rhythm would need to carry me to the end line because I had a beat poorly. I listened to my labored breath and concentrated on the inclusion of my breathing - that which I predicted the "running the best dance band in Orange County". Those damn self-defeating came back telling me that I wasn"t likely to make it...

"Think about something else. " I believed.

Instantly, I snapped back to a story I understood about two caterpillars who spoke turning to butterflies. One resisted the shift. Another buddy got through the shift. After a butterfly, she arrived back to inspire the helpless and weak caterpillar She did so with four words You GotId Possess WANNA. As I struck the asphalt in 99.9 level heat, together with 10,000 additional folks in Central Park, "" I muttered the term "You have ta possess Wanna! "

"that I WANNA complete this race", I replied into myself.

A heating delusion kicked in and I started to daydream that each one these people, understood what I had been believing. I imagined that unexpectedly they"d start their arms and flapped them as if they were magnificent red butterflies, showing me their solidarity. I smiled, such as a drunk. Yes, I envisioned all these New Yorkers, all 10,000 of these for a couple of brief seconds to become running mountain with me, flapping their arms such as butterflies, realizing that they have that one particular thing: WANNA! And after that, I knew we"d all complete this race.

We have a little nearer to the end once I snapped out of it. I had been coming around to the fifth time once I heard someone breathlessly state "we"re almost there. " By today I"m equally soaked and exhilarated. I look up and watch that I "m in 90th Street and that I "ve just got for to 97th and 5th Avenue....whew! We"re almost there!

"

She has released 5 books that can be found CD-ROM.



برچسب ها : best dance band in Orange County ,
+ نوشته شده در جمعه 31 خرداد 1398ساعت 5:29 توسط Reza | | تعداد بازدید : 56

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