Tuesday, January 31, 2012

Basic Steps to Oppose Employment Discrimination

Employment discrimination is defined as an act of unfair or unfavorable treatment of any member of the company as to which then affects his or her job performance. Discrimination can be based on a person’s preference on gender, religion, natural origin, color, race, age, or disability.

The following are the important considerations if you feel that you are a subject of employment discrimination in your workplace. These will help you in any way as to how you should be reacting to such occurrence.

Let the offender know. There are times wherein the person who is doing something to you is not aware that you find his or her conduct offensive. Hence, you have to let him or her know about it. The next level of complaint shall take place if the offender does not stop even if apprehended by the victim.

Follow the company procedure. This is important if you want to pursue legal actions against the wrongdoer. If your employer has set particular processes as regards filing a complaint, then it is imperative to conform to it. However, if there is none, you have to raise the complaint to your immediate boss.

File an administrative charge. You will need the help of a government agency in the event that nothing happens to your protest within your office. The Equal Employment Opportunity Commission (EEOC) or the human or civil rights enforcement agency is normally in charge with this type of claim. Such agencies will most likely investigate your claim and will strive to resolve it by negotiating with your employer.

In addition, you may also consult a lawyer and have your case evaluated. You may ask whether or not your situation will entitle you to bring the case to the court.

Meanwhile, employment discrimination can be, at least prevented if not stopped, if you do something to oppose it. Besides, the aforementioned processes are not too much for you to do and will not cause you any harm as long as you are not violating any legal matters.

Wednesday, January 25, 2012

What to Know about California Leave Rights

Contrary to what others think, not all employment rights are granted to all employees. Not all employees are protected of the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA). Those who are qualified are employees who have:

·         worked for not less than a year for their employer
·         worked for not less than 1,250 hours in the past year

Also, the employer has to have at least 50 employees working within 75 miles of the employment site.

Meanwhile, according to the United States Department of Labor, the qualification for FMLA/CFRA means that only 76.1 million workers out of 141.7 million total workers or 53 percent are qualified for FMLA protection. The other 47 percent have to depend on their employer’s leave policies.

How much Medical Leave is allowed?

Under the FMLA, workers are entitled to take a maximum of 12 weeks of unpaid medical leave to care for a newborn, seriously ill family member, newly adopted child, or for their own illness or medical condition.

Additionally, a worker may be given privilege to extend the leave if he or she has a psychological or physical disability that needs a leave extension as an accommodation of such disability. Therefore, it is unlawful for any employer to treat employees differently or penalize them for taking medical leave.

Paid or Not?

The FMLA/CFRA leaves are unpaid. Basically, the lack of paid leave presents a significant obstacle for those who cannot afford to take FMLA leave. Such claim is supported by a report which states that the most commonly noted reason for not taking a leave was the inability to afford it.

However, if the employer is generous enough, he or she may opt to pay employees on the period of their leaves, or may apply the paid sick leave or vacation time to the medical leave.

Wednesday, January 18, 2012

Seven Laws that Employee Should Know About

Any California worker should depend on California employment laws during difficult and unjust employment situations. There is no way an employee to know when or where he or she would be subjected to the different forms of discrimination and harassment which is why learning his or her rights beforehand is a must.

As a precaution and a way to defend employees, they must seek refuge from the laws, which were created by the government to uphold their rights. This is crucial especially during theses moments where such aforementioned cases were quite rampant.

Workers need to know about their rights under laws so that if the get mixed into a problem involving discrimination, they would get an upper hand of the battle knowing where they should stand.

In line with this advocacy, here is the list of the seven laws that employees should know about during their tenure. If any violations were made against these, they have all the rights to seek the help of the attorneys adept in California employment laws.
  • Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA) – Does not allow discrimination due to a person’s genetic information.
  • Family and Medical Leave Act (FMLA) Provides workers with a time off to care and nurse for a newborn baby or seriously sick family member.
  • Civil Rights Act of 1991 – Gives workers monetary fees for acts of discrimination.
  • Age Discrimination in Employment Act of 1967 (ADEA) – Defends workers (aged 40 and above) against abuse based on an individual’s age done by fellow employees, owners or customers.
  • The Equal Pay Act of 1963 (EPA) – Guards both genders (men and women) who performs the same type of work against wage discrimination that is based on sex.
  • Sections 501 and 505 of the Rehabilitation Act of 1973 - Forbids injustice towards competent people with infirmities who are employed within the federal government.
  • The Civil Rights Act of 1964 (Title VII) - Forbids prejudice in employment founded on color, race, sex, national origin and religion.

Wednesday, January 11, 2012

The Basics of Sexual Harassment

Sexual Harassment

A sexual harassment conduct can create a hostile work environment. In spite of the implementation of the Title VII of the Civil Rights Act of 1964, this issue still occurs. Title VII aims to ban such type of harassment in the workplace setting. It is then part of the duty of the employees to know what comprises sexual harassment so that they will not misinterpret normal demeanors to faulty ones.

As defined, sexual harassment is an offensive sexual language, unwelcomed sexual approaches, and physical and verbal actions that are sexually-driven. Furthermore, it might include physical touches to a particular body part of the person directly harassed, or even to his or her clothes.

On the other hand, it is never simple to identify and prove sexual harassment. It is because the petitioner might have only overreacted, or the defendant may deny such wrongful act even though it is factual. This is where a lawyer’s legal know-how is necessary.

Points to Consider Sexual Harassment

Friday, January 6, 2012

Winning a Slip and Fall Settlement: Ways on How to Do It

Slip and fall is a United States tort law claim which is based on the person slipping (or tripping) and falling on a certain spot inside or outside the property. The basis for the claim is the failure of the property owner, either residential or commercial in nature, to properly exercise the duty of care towards visitors. The malfunction is reflected on the inability of the owner to do something about certain damages or irregularities within the area.

In contrast with the simplicity of the occurrence of slip and fall accidents is the complexity of it in terms of the legal perspective. In fact, a slip and fall case is one of the most difficult cases to solve, usually because of the possible defenses that owners do where they can retort back towards an injured claimant. Another thing is that the claimant should prove that negligence played a major part in his or her injury.

However, the claimant, with the help of an expert injury attorney, can beat the odds and successfully win the case nevertheless of the defenses that the property owners use. Here are some ways in order to win a settlement in a slip and fall case:

·         Documentation is extremely important when filing a slip and fall case. Medical documents should point that the slip and fall incident was the main cause for the claimant’s injury.

·         Having a reputable lawyer who is an expert in injury laws and has already dealt with slip and fall cases should be hired. A chance of winning the case is high with him at the helm.

·         The lack of evidence in the process of litigation could be the cause for the dismissal of the case. Documentation that contains the proof of an injury as caused by the accident should still matter at this point.