Filing Your Employment Discrimination Raps

Protect Your Rights

Have you been discriminated against lately but didn’t know what to do to go and file your claim? To help you fight for your rights, we have come up with a list of things you should remember when filing your discrimination complaint to the US Equal Employment Opportunity Commission (EEOC).

·         Check if the incident you are about to file a complaint for will still be accepted by the EEOC. There is only a limited period of time where the EEOC will process you complaint. For employees of private firms, you have 180 days to come up with a complaint and file it to the agency. For federal employees on the other hand, you only have 45 days since the last day of the discrimination or harassment took place. However, there are a few exceptions where the EEOC offers a 300-day complaint filing timeframe.

·         Get as much pieces of evidence that you can have to prove the harassment or discrimination. Any document such as notarized written witness accounts, any correspondence with your employer, written records of alleged discrimination, and employment or personnel files that can support your case would do.

·         File the complaint the way you want it. You can call any local EEOC field office to ask if you can file the complaint and ask if they do take walk-ins. You can also mail your complaint to the EEOC office near you. Finally, you can also call them up on their toll-free hotline, 1-800-669-4000 to begin the process of filing over the phone. Wait for the EEOC’s return call within 10 days after you have formally filed your complaint.

·         Settle the dispute through the EEOC’s mediation process if it is requested. An impartial mediator will listen to you and your employer’s sides before they come up with a decision.

·         Be patient and wait for the EEOC’s decision. They’d try to attempt a settlement with your employer, but if there’s no success in that, you will then receive a Notice of Right to Sue. Only then you can press charges against your employer with the help of a Los Angeles employment discrimination lawyer.

Filing your complaint is easy; you just have to arm yourself with the right information to make sure that you are doing things right. Hopefully, this simple guide will help you with your employment discrimination woes.

What California Employees Should Be Aware Of With Regard to Whistle Blowing

Some employers often engage in activities that don’t only incur legal consequences, but may also result in employees revealing such acts. As it is, exposing the wrongdoing of one of the high-ranking officials of a company is one of the most courageous acts that an individual, or an employee for that matter can do. More often than not, doing so is more of a conscious action to do what is right.

However, not all employees have the bravery to put up a brave effort to combat the illegal acts of their employers. One of the underlying reasons why they can’t put a stop on these is because of the fact that some employers are known for their notoriety in sanctioning them in retaliation for their actions; much more so if the issue at hand revolves around fraud.

Incidentally, if you are an employee working in a California workplace and you think your employer is engaging in a fraudulent activity, don’t let yourself be intimidated. You must know that your worker rights are protected, especially with regard to disclosing such information about your employer to a legal representative or the California Department of Fair Employment and Housing (DFEH).

Protect Your Rights | Whistle-blowing Act

Meanwhile, here are some of the things that California employees like you should know when you have mustered enough courage to reveal your employer’s illegal activities:

·         When you file a case against your employer, not only are you protected under at least one statute. You may actually be protected under more than one, according to what the state law dictates.

·         Many nations have their own legislations that protect whistleblowers. In fact, the U.S. federal laws on whistleblowing claims call for the investigation and prevention of certain employer activities that are deemed illegal under international standards. Such laws also protect you from possible retaliatory acts from your employer.

·       The illegal act you expose in your claim would determine the type of legal protection, as well as its extent, that you may receive as a whistleblower.

Consulting with an experienced Los Angeles employment lawyer will help you become informed with regards to the laws that apply to your case. Having a legal representative by your side would help increase your chances of winning your case against your employer.

Youth@Work and the EEOC’s Advocacy to Prevent Abuse against Employees

 The young ones at work are the future of the country. For one, they are already on board the various companies and are making their mark in various industries. The United States’ Equal Employment Opportunity Commission (EEOC) wants to make sure that the young workers are educated about their responsibilities and rights.

That is why the program, Youth@Work was established This initiative helps make sure that their employers are doing everything that they can to create a positive work experience.

This initiative has three main components:

·         The site. It is dedicated for the education of youngsters about their rights and responsibilities at work. The pages on this site contain explanations about acts of discrimination, enabling them to have the right reaction to such. It also features an engaging “Challenge Yourself” tool that lets them test their knowledge on analyzing discrimination scenarios at work.

·         Outreach events. Various events are held for high school students, youth organizations, and even small businesses where young employees are present. These programs lay out the laws enforced by the EEOC, as well as the rights and responsibilities of both the employees and employers so young workers will be better aware of what they need to know as they go and embark on their careers.

·         Projects in partnership with some business leaders, human resource groups, as well as industry trade associations. The EEOC is open for any possible partnerships with various groups as long as it involves the promotion of equal employment opportunity to all employees around the country, especially the young ones.

The fight against workplace abuse is a continuing battle not just for the EEOC, but for all abused employees around the country, especially the young, helpless workers. That is why the EEOC is opening its doors to people willing to help its cause.

One day, there would be no need for any employee to hire the services of a Los Angeles employment lawyer to defend them as they file cases of abuse against their employers. Let us all work together to put a stop to workplace harassment and abuse.

If you are interested in having EEOC speak to your high school or organization, or you want to help in the promotion of EEOC’s program, you may send the EEOC an e-mail at Youth.AtWork@eeoc.gov.

Fighting for Your Dignity and Your Rights with Your Personal Injury Claim

Going through the painstaking process of litigation is something that not a lot of people are willing to endure, especially for people who have been making personal injury claims. Cases that are filed in court usually take 6-8 months.

Not a lot of people are willing to wait a long time that oftentimes, people just don’t make claims and would just get themselves into a settlement. However, what these people fail to realize is that they can effectively put themselves in the losing end of things by skipping the litigation process.

Hiring a Los Angeles accident attorney and pursuing your personal injury claim does have a lot of benefits. If you have been a victim of an accident due to someone’s fault, you should never leave things to chance. You have to make sure that you fight for what is rightfully yours and defend yourself from abuses such as this.

First things first; you would not end up injuring yourself if not for the accident that happened to you, right? Being injured has its repercussions and asking for damages is the best option for you. After a successful claim, you only get the amount of your hospitalization; you will also receive more that can compensate for the time and earnings lost while trying to recover.

Secondly, you can teach the person that has had you injured a very valuable lesson—to be more careful and do everything that he or she can to keep accidents like that from happening again. By suing the person or filing claims for personal injury, you make the person experience the pitfalls of his or her negligence, making him become a better driver, or establishment owner.

Last and more importantly, you uphold and fight for your rights as a person. Settling for less in exchange of convenience just wouldn’t do you any good. It is like sacrificing your health and your dignity as a person if you’d let a car accident or slip and fall mishap pass without fighting for your rights.

Convenience should never be an excuse to give up your safety, your well-being, and your worth as a person. No one can better defend yourself better than you. Fight the good fight and seek legal remedies for the wrong that has been committed to you.

Employees’ Right to Question Their Termination

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One of the most distinguished labor policies that employees are not in favor of is the “at-will” employment.

Its popular definition meant that the company owner has no liability under the law if he or she wishes to fire a worker. Actually, this is quite untrue, since at-will explicitly states that the termination should be done under valid reasons in line with the law. 

Accordingly, a worker who questions his or her dismissal and suspects that it is illegal may assert his or her rights by seeking the help of legal professionals. In this regard, he or she may consult an employment attorney.

Since most cases of wrongful termination happen in the State of California, it would suffice to get the services of a good Los Angeles employment discrimination lawyer. If the lawyer proves that the following violations were committed against the employee, the employer could face heavy penalties from the government: 

• Discrimination – Discrimination is the most prevalent reason for the illegal dismissal of workers. Accordingly, employees are given the right to decide for themselves and to be treated fairly no matter what skin color, age, religion, nationality, gender, sexual preference, and disability that they have. Employees should therefore expect that they should be categorized through their qualifications and not because of some biases. 

• Refusal to commit an illegal act – A company owner has no right of firing a worker who refuses to commit an illegal act as directed by the administration. This may happen once the employer asks the laborer to do actions that they know are against those prescribed under the Constitution. If this happens, the employer has clearly violated certain employment rights. 

• Retaliation – This is described as the cruel and inhumane treatment of an employee who has participated in an investigation against the company or has expressed discontent towards the administration. Most cases of retaliation ends in wrongful termination since workers are forced to quit their jobs due to the treatment that they are receiving. 

One agency where a worker may ask for assistance in this kind of predicament would be that of the Equal Employment Opportunity Commission (EEOC). This government arm is tasked to handle labor concerns and it can work hand in hand with employment lawyers.

Forms of Religious Discrimination Corresponding Employee Rights

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The employment discrimination in California has taken a lot of forms that will definitely afflict concerned employees. Although California has been acknowledged as one of the states with the most abundant employment opportunities brought by tourism, it is also notorious for various violations and abuse that are committed against employees. One of this is termed as religious discrimination. 

Religious discrimination is referred to as the isolation or negative treatment done towards people who have a different belief or religious practice. According to the First Amendment of the United States Constitution, specifically through the Freedom of Religion provision, discrimination is prohibited and it is determined through the following elements:

• Denial of the equal protection of the laws

• Denial of the  equality of opportunity 

• Denial of the access to employment, education, housing, public services and facilities, and public accommodation

• Denial of equality of status under the law

• Denial of equal treatment in the administration of justice

In line with helping the employees and informing them of their privileges, the United States Equal Employment Opportunity Commission (EEOC) has listed the following rights that those who belong in the labor sector are entitled to: 

• Religious discrimination and work situations – The law forbids discrimination within the various processes of employment. 

• Religious discrimination and harassment – The law does not permit harassment  done on an employee because of his or her beliefs or religion (continuing acts that lead to a hostile working environment).

• Religious discrimination and segregation – The law does not allow a worker to be separated from his or her normal tasks due to inequity. 

• Religious accommodation/dress and grooming policies – The company owner and the member of staff should have an agreement regarding the use of traditional clothing especially under reasonable circumstances.

• Religious discrimination and reasonable accommodation and undue hardship – The company owner does not need to experience undue hardship for a worker who has a different religion. 

• Religious discrimination and employment policies/practices – The employees should not be required to follow company policies that would impede their religious practices.  

An employee who has experienced discrimination due to his or her religion should look for Los Angeles employment lawyers. These professionals would aid the said employees in filing a formal complaint to recover some damages awards in the form of money to compensate for the workers’ losses. 

Identifying Acts of Sexual Harassment

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Sexual harassment has plagued the labor sector for the longest time. Women in particular were the ones who often experience this kind of maltreatment. Luckily, through the years, there seems to be a decline in the number of cases that involve sexually harassing a female employee throughout the United States.

This seems to be the result of the cultural, social, emotional, and psychological revolution that the human race had gone through. Nonetheless, this does not guarantee that sexual harassment had been completely obliterated. It merely implies that these violations have turned far more discreet than before.

In line with the discussion of sexual harassment, it is defined as the maltreatment of an applicant or employee because of his or her sex. It also includes unwelcome sexual advances, requests for sexual favors, and verbal or physical harassment that are sexual in nature. To probe on the previous cases of sexual harassment that was handled by the Equal Employment Opportunity Commission (EEOC), a recent press release should be cited.

According to the records of the EEOC, Quality Egg – a defunct egg producer, has violated federal civil rights laws. This is by letting its manager to sexually harass at least two female employees. The EEOC stated that by not doing anything or by not implementing policies that would prevent harassment in the workplace, Quality Egg had breached the rights of employees and its responsibilities as an employer. Therefore, as penalty, the company is set to pay $85,000 to its two female former employees.

To help workers in identifying the elements present in sexual harassment, here are some circumstances cited as examples by the EEOC:

•    The harasser and the victims could be either a man or a woman.  Gender is irrelevant in cases that involve sexual harassment.
•    The actions done by the harasser should be unwelcome.
•    The victim does not need to be the one harassed, but could be someone who is affected by the actions of the harasser.
•    The harasser could be the supervisor, company agent, supervisor of another area, a co-worker, or a non-employee such as a customer.

If this problem took place in California, the victim should ask for the help of a Los Angeles employment lawyer. This person would prosecute the harasser to get justice that the victim rightfully deserves.