Retaliation simply means an action that is made out of revenge. In employment, retaliation usually happens when an employer punishes you in any way or form for doing what is right, such as reporting the employer’s unlawful conduct.
If you are an employee, you are entitled to your right to report to the appropriate employment agency your employer’s engagement in an illegal activity. However, if you do so complain and you have been subjected to an adverse employment action such as termination, then you may have a case of retaliatory termination or discharge. It is also possible that you may be subjected to discrimination or harassment before getting fired.
You can only be protected under various federal laws if you already filed your complaint of discrimination or harassment with your employer’s human resources department but wasn’t able to address it. There are a lot of federal laws that protect you from getting terminated in retaliation for doing what is right, such as the following:
• Title VII of the Civil Rights Act of 1964;
• Age Discrimination in Employment Act (ADEA);
• Americans with Disabilities Act (ADA);
• Equal Pay Act (EPA); and
• Fair Labor Standards Act (FLSA), among others.
Under these laws, current and former employees are protected from retaliation. There is also no need to prove that you were treated differently in employment because of being a member of a protected group like your race, religion, sex, national origin, age or disability.
Moreover, under federal employment laws, your employer cannot retaliate against you if you engaged in a so-called “protected activity.” One example of a protected activity is when you refuse to obey an order you believe is illegal under the prevailing laws, or you filed a complaint citing discrimination or harassment in your workplace. You cannot also be subjected to retaliatory termination if you participated in an investigation, hearing, or lawsuit against your employer’s perceived illegal activity.
In order for you to establish a valid claim of retaliatory termination, you must not only prove that you were engaged in a “protected activity,” but you believe that your termination is connected to it. The best way to fully establish your claim against your employer is to seek the expertise of a Los Angeles employment lawyer.
Thursday, October 3, 2013
Friday, September 27, 2013
About Pregnancy Discrimination According to the EEOC
Discrimination on the basis of sex is prohibited under the Title VII of the Civil Rights Act. This form of workplace bias does not only include harassment towards the opposite or same sex and discrepancy in terms of pay and compensation for both sexes, but also include pregnancy, childbirth, and related medical conditions.
As it is, pregnancy discrimination in employment involves treating a female applicant or employee unfavorably because of her pregnancy, childbirth or related medical condition. Since it is considered sex discrimination, pregnant employees and applicants are protected under Title VII via the Pregnancy Discrimination Act (PDA), a law amending the said federal law.
Basically, the PDA does not allow covered employers with 15 or more employees to discriminate a female applicant or employee based on her pregnancy in any aspect of employment, from hiring, termination, pay and compensation, fringe benefits (e.g. leave, health insurance), to any term or condition of employment.
Having a medical condition related to pregnancy or childbirth could result to an employee not being able to continue her job. If this is so, her employer must treat her the same way as an employee with a temporary disability. Providing reasonable accommodations (e.g. lighter job duties, alternative job assignments) and pregnancy and maternity leave can be provided to the pregnant employee.
Also, harassing an employee or applicant because of her pregnancy, childbirth, or related medical condition is likewise not allowed under the PDA. It is considered illegal if the harassment is frequent and causes a hostile work environment that may result in an adverse employment action, such as termination, demotion, or deprivation of employment privileges.
Covered employers of the PDA that allow employees with temporary disabilities to take a leave must also do the same to employees with pregnancy- or childbirth-related disabilities. Incidentally, the Family and Leave Act (FMLA) allows new parents, including foster and adoptive parents, to be eligible for up to 12 weeks of unpaid leave (unless the employee has earned it) in order for them to take care of their newborn.
Meanwhile, if you are an employee and you have been discriminated against, say, fired, by your employer because of your pregnancy, then it is best that you consult with a Los Angeles wrongful termination lawyer. It may also help if you file a complaint with the Equal Employment Opportunity Commission (EEOC).
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| Credit: Steadyhealth.com |
As it is, pregnancy discrimination in employment involves treating a female applicant or employee unfavorably because of her pregnancy, childbirth or related medical condition. Since it is considered sex discrimination, pregnant employees and applicants are protected under Title VII via the Pregnancy Discrimination Act (PDA), a law amending the said federal law.
Basically, the PDA does not allow covered employers with 15 or more employees to discriminate a female applicant or employee based on her pregnancy in any aspect of employment, from hiring, termination, pay and compensation, fringe benefits (e.g. leave, health insurance), to any term or condition of employment.
Having a medical condition related to pregnancy or childbirth could result to an employee not being able to continue her job. If this is so, her employer must treat her the same way as an employee with a temporary disability. Providing reasonable accommodations (e.g. lighter job duties, alternative job assignments) and pregnancy and maternity leave can be provided to the pregnant employee.
Also, harassing an employee or applicant because of her pregnancy, childbirth, or related medical condition is likewise not allowed under the PDA. It is considered illegal if the harassment is frequent and causes a hostile work environment that may result in an adverse employment action, such as termination, demotion, or deprivation of employment privileges.
Covered employers of the PDA that allow employees with temporary disabilities to take a leave must also do the same to employees with pregnancy- or childbirth-related disabilities. Incidentally, the Family and Leave Act (FMLA) allows new parents, including foster and adoptive parents, to be eligible for up to 12 weeks of unpaid leave (unless the employee has earned it) in order for them to take care of their newborn.
Meanwhile, if you are an employee and you have been discriminated against, say, fired, by your employer because of your pregnancy, then it is best that you consult with a Los Angeles wrongful termination lawyer. It may also help if you file a complaint with the Equal Employment Opportunity Commission (EEOC).
Thursday, September 12, 2013
Helpful Pointers for Working More Happily with Your Co-workers
Having a strong relationship with your co-workers really matters a lot, especially if you want a workplace to be as happy and productive as possible. Basically, California employment discrimination issues happen too often in most workplaces in the state, but if you and your co-workers get along together socially and professionally, then the likelihood of a major inconvenience won’t materialize.
Meanwhile, here are some helpful pointers on how you can promote a happy workplace:
• Establishing strong friendships with your colleagues makes for a fun working environment. This is what many people believe, despite others who opt to avoid making friends at work just because they believe personal and professional life should not be intertwined. Having close relationships with your colleagues does not only promote happiness, but is also known to reduce anxiety, among other positive effects.
• But then, if you are currently in a relationship with someone, stay away from any situations with one of your colleagues that might tempt you to do something bad.
• If you are the introvert type of person who would rather work alone, it might be best for you to allot your time to getting to know other people in your workplace. Socializing with others gives you and your co-workers a boost, especially on the moods of both introverts like you and extroverts.
• Always identify the problem. Whenever you have an issue with a colleague, especially if he or she gets under your skin, try to know why.
• Try to talk to a few people in your workplace whom you have not known too well. That way, you will feel more socially comfortable. Also, doing so will facilitate work flow, and the more you often see someone, the more intelligent or attractive he or she that person will seem. That is what you call repeated exposure.
• Be as casual as you can be, but do not forget to draw the line. Divulging too much personal information about yourself may turn off some of your colleagues whom you have already established a close relationship with.
As long as you maintain a strong friendship with your colleagues, not only will there be work flow and productivity. All problems that all of you may encounter at work can be sorted out right away. Plus, you will be avoiding any instances regarding major employment issues such as discrimination and harassment.
Meanwhile, here are some helpful pointers on how you can promote a happy workplace:
• Establishing strong friendships with your colleagues makes for a fun working environment. This is what many people believe, despite others who opt to avoid making friends at work just because they believe personal and professional life should not be intertwined. Having close relationships with your colleagues does not only promote happiness, but is also known to reduce anxiety, among other positive effects.
• But then, if you are currently in a relationship with someone, stay away from any situations with one of your colleagues that might tempt you to do something bad.
• If you are the introvert type of person who would rather work alone, it might be best for you to allot your time to getting to know other people in your workplace. Socializing with others gives you and your co-workers a boost, especially on the moods of both introverts like you and extroverts.
• Always identify the problem. Whenever you have an issue with a colleague, especially if he or she gets under your skin, try to know why.
• Try to talk to a few people in your workplace whom you have not known too well. That way, you will feel more socially comfortable. Also, doing so will facilitate work flow, and the more you often see someone, the more intelligent or attractive he or she that person will seem. That is what you call repeated exposure.
• Be as casual as you can be, but do not forget to draw the line. Divulging too much personal information about yourself may turn off some of your colleagues whom you have already established a close relationship with.
As long as you maintain a strong friendship with your colleagues, not only will there be work flow and productivity. All problems that all of you may encounter at work can be sorted out right away. Plus, you will be avoiding any instances regarding major employment issues such as discrimination and harassment.
Tuesday, August 27, 2013
100 Years of Department of Labor: 100 Years of Fighting For Employee Protection
In March 4, 1913, the workers in the United States have found an ally in the government. In that day, legislation paved the way for the creation of the US Department of Labor. This agency of the government is responsible for representing the Labor Sector in the White House. The DOL is responsible for ensuring that the rights and welfare of the American workforce are protected and upheld at all times. This ensures the protection of every worker from abuse, harassment, discrimination, and other unfair practices by employers. This also makes sure that all the employment and labor laws are properly implemented.
One hundred years after its institution, the DOL has continued to not just provide protection for employees, it is also is responsible for the creation of jobs, the improvement of working conditions, and ensuring that workers are provided with access to benefits and are aware of their rights. In celebration of its centennial the following events highlight the agency’s contributions in its 100 years of existence:
The celebration of the Labor Department’s 100th year is just one of the many more celebrations that are about to come. A group of Los Angeles employment lawyers believe that the agency through its leadership and the participation of all citizens can make a huge impact in once and for all ensure the fostering of a perfect working environment for every American. That is why these Los Angeles attorneys encourage everybody to be an active player in helping achieve the goals of the Labor Department in the next hundreds of years.
The DOL: A hundred years after
One hundred years after its institution, the DOL has continued to not just provide protection for employees, it is also is responsible for the creation of jobs, the improvement of working conditions, and ensuring that workers are provided with access to benefits and are aware of their rights. In celebration of its centennial the following events highlight the agency’s contributions in its 100 years of existence:
- The release of a report about the Moynihan Black Poverty Report and what 50 years after
- A video about the state of the US Labor and Employment Relations for the past 100 years
- A Bloomberg report about the Women’s Bureau’s Esther Peterson and how she have fought for the equal pay for women in the workplace
- MSNBC’s report that honors former Secretary of Labor Frances Perkins, the architech of Social Security on her 133rd birthday
- The posting of a question about the DOL on Jeopardy
- The choosing and the celebration of the life of Frances Perkins as the best “Labor saint”
- A Federal News Radio guesting of Carl Fillichio, senior adviser for Public Affairs and Communications of the Labor Department where the Labor sector’s past, present, and future was discussed
- Celebration of the 20th anniversary of the Family and Medical Leave Act (FMLA), and
- An academic symposium with the Labor Department held in Cornell University
DOL: 100 years and beyond
The celebration of the Labor Department’s 100th year is just one of the many more celebrations that are about to come. A group of Los Angeles employment lawyers believe that the agency through its leadership and the participation of all citizens can make a huge impact in once and for all ensure the fostering of a perfect working environment for every American. That is why these Los Angeles attorneys encourage everybody to be an active player in helping achieve the goals of the Labor Department in the next hundreds of years.
Thursday, August 1, 2013
The Employers’ Guide in Legally Laying Off Employees in California
Deciding to lay off some of your employees is definitely a difficult decision to do. It is a tough situation to be in, especially if you know that the workers you are about to let go are long ways to go before they are hired by their new employers. Aside from that, doing so is already a hard one, especially that layoffs are governed under the prevailing federal and California employment and labor laws.
Being an employer covered by such laws, it is important that you are aware whether your decision to lay off some of your employees duly violates any legal standards, especially if you operate your business in California. You wouldn’t want to face a wrongful termination lawsuit from a discontented former employee whom you’ve included in your mass layoff, right?
To better understand what you need to do in case you plan to lay off a group of employees, here is a guide on how you can do so legally in the State of California:
• Before anything else, retain a good business law attorney first. He or she will surely help you give sound legal advice to help protect you from any lawsuits that may hit you along the way, especially in your decision to lay off employees.
• When announcing layoffs, it is imperative that you provide proper notice. Under the California Worker Adjustment and Retraining Notification Act (WARN), you must do so within 30 days before the layoff date, as opposed to the federal WARN wherein notices must be given 60 days prior. If you decide on a “mass layoff,” the state law states that you can lay off at least 50 employees, either full-time or part-time. If you want to include some of the latter, make sure that they have worked six of the previous 12 months.
• At the day of the layoff, ensure that their final payments—accrued vacation leaves, bonuses, and other due wages—must be forwarded to them during that day or the day after.
• Very important: keep employee records. For every employee you laid off, it is important that you preserve a detailed paper trail as to the circumstances of the layoff and the courses of action you took to arrive at such decision. This will help you a lot if one of them decides to sue you.
Always keep in mind to uphold the rights of the employees you are about to lay off, especially when it comes to their final pay and other compensations. More importantly, you must carefully plan out your layoffs as dictated by the California employment laws to prevent you from facing discrimination or other labor-related lawsuits.
Being an employer covered by such laws, it is important that you are aware whether your decision to lay off some of your employees duly violates any legal standards, especially if you operate your business in California. You wouldn’t want to face a wrongful termination lawsuit from a discontented former employee whom you’ve included in your mass layoff, right?
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| The Legal Ways of Laying Off Employees in California |
To better understand what you need to do in case you plan to lay off a group of employees, here is a guide on how you can do so legally in the State of California:
• Before anything else, retain a good business law attorney first. He or she will surely help you give sound legal advice to help protect you from any lawsuits that may hit you along the way, especially in your decision to lay off employees.
• When announcing layoffs, it is imperative that you provide proper notice. Under the California Worker Adjustment and Retraining Notification Act (WARN), you must do so within 30 days before the layoff date, as opposed to the federal WARN wherein notices must be given 60 days prior. If you decide on a “mass layoff,” the state law states that you can lay off at least 50 employees, either full-time or part-time. If you want to include some of the latter, make sure that they have worked six of the previous 12 months.
• At the day of the layoff, ensure that their final payments—accrued vacation leaves, bonuses, and other due wages—must be forwarded to them during that day or the day after.
• Very important: keep employee records. For every employee you laid off, it is important that you preserve a detailed paper trail as to the circumstances of the layoff and the courses of action you took to arrive at such decision. This will help you a lot if one of them decides to sue you.
Always keep in mind to uphold the rights of the employees you are about to lay off, especially when it comes to their final pay and other compensations. More importantly, you must carefully plan out your layoffs as dictated by the California employment laws to prevent you from facing discrimination or other labor-related lawsuits.
Wednesday, July 17, 2013
Some of the Well-known Race Discrimination Cases in the United States
California employment discrimination is nothing common, just as it is in the whole country. Most of the time, such workplace bias is often based on race. However, thanks to the Civil Rights Act of 1964, as well as other state laws such as the California Fair Employment and Housing Act (FEHA), employees working in the state are now protected from any adverse actions of their employers, especially if race is one of the motivating factors.
Speaking of discrimination on the basis of race, it is always good to reflect on how far the United States had gone through in terms of battling such form of bias not only in the workplace, but in society in general. A lot of racial discrimination cases in the previous decades have resulted in many landmark legal decisions, which directly changed the landscape of how the term “equality” should be defined as mandated by the U.S. Constitution.
Here are some of the well-known race discrimination cases in the United States that were proven instrumental in laying the groundwork for societal equality among the American people:
• Brown v. Board of Education. In 1954, this landmark case made racial segregation in the United States unconstitutional. Before that, the notion of a “separate but equal” society ruled much of the country for more than 60 years, thanks to the Plessy v. Ferguson case of 1896. It was during that time wherein racial minorities, particularly African-Americans, were excluded from engaging in activities and being in areas dominated by whites. If not for the Supreme Court’s decision on the Brown case, racial segregation may still be present in the country.
• Guinn v. United States and Harper v. Virginia Board of Elections. Despite the 1870 ratification of the 15th Amendment, which gave black and other minority men the right to vote, a lot of states discourage them to vote. Good thing there were landmark cases that made it possible for them to exercise such right as amended by the Constitution. The Guinn case, for example, for one, nullified the grandfather clauses of 1915, which favored mostly white citizens. Moreover, the Harper case of 1966 abolished poll taxes that disenfranchised deprived citizens, particularly blacks.
• Loving v. Virginia. In 1967, the Supreme Court deemed that marriages between mixed-race couples are unconstitutional. Along with the Brown case in 1954, the Loving case put an end to state-sponsored race discrimination in the country.
While these laws paved the way for providing equal treatment to people of all races, racism is still a prominent problem, especially in today’s society. But then again, the federal and state laws that prohibit discrimination in all aspects of society, including employment, continue to protect people of all races and ethnicity from any adverse advances or actions.
Speaking of discrimination on the basis of race, it is always good to reflect on how far the United States had gone through in terms of battling such form of bias not only in the workplace, but in society in general. A lot of racial discrimination cases in the previous decades have resulted in many landmark legal decisions, which directly changed the landscape of how the term “equality” should be defined as mandated by the U.S. Constitution.
Here are some of the well-known race discrimination cases in the United States that were proven instrumental in laying the groundwork for societal equality among the American people:
• Brown v. Board of Education. In 1954, this landmark case made racial segregation in the United States unconstitutional. Before that, the notion of a “separate but equal” society ruled much of the country for more than 60 years, thanks to the Plessy v. Ferguson case of 1896. It was during that time wherein racial minorities, particularly African-Americans, were excluded from engaging in activities and being in areas dominated by whites. If not for the Supreme Court’s decision on the Brown case, racial segregation may still be present in the country.
• Guinn v. United States and Harper v. Virginia Board of Elections. Despite the 1870 ratification of the 15th Amendment, which gave black and other minority men the right to vote, a lot of states discourage them to vote. Good thing there were landmark cases that made it possible for them to exercise such right as amended by the Constitution. The Guinn case, for example, for one, nullified the grandfather clauses of 1915, which favored mostly white citizens. Moreover, the Harper case of 1966 abolished poll taxes that disenfranchised deprived citizens, particularly blacks.
• Loving v. Virginia. In 1967, the Supreme Court deemed that marriages between mixed-race couples are unconstitutional. Along with the Brown case in 1954, the Loving case put an end to state-sponsored race discrimination in the country.
While these laws paved the way for providing equal treatment to people of all races, racism is still a prominent problem, especially in today’s society. But then again, the federal and state laws that prohibit discrimination in all aspects of society, including employment, continue to protect people of all races and ethnicity from any adverse advances or actions.
Wednesday, July 3, 2013
Independence Day Gift to Same-sex Couples in the Workplace
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It is understandable that most gay communities are still celebrating now for this really is a sweet victory for them. This win is an important step for them to achieve their quest for totally equal rights for everyone no matter what their sexual preferences are. But when the smoke all clears, what does this latest achievement really mean for them? How does the Supreme Court ruling affect them and affect the employers? Here are some answers to people’s common questions about this latest development.
What does this ruling really mean?
Basically, federal benefits that apply to an employee’s spouse will now be made available for the same-sex spouse of an employee. However, what employers need to focus on is how they’d extend benefits to employees’ spouse that include health and retirement benefits, taxes, family leaves and more.
What if you are working in a state that does not recognize same-sex marriage?
This is a bit tricky because there are still states that do not recognize same-sex marriages. For these states, you may need the help of a good lawyer to give you guidance by sharing their legal opinion about these laws.
How will the inconsistencies between states be solved?
After the Supreme Court ruling, some laws of various states may need to be re visit and amend certain states may need to revisit and change such provisions of some of their laws to help ensure that the ruling of the laws to ensure that every same-sex couples get the most out of this law.
This new law may truly have brought freedom to the LGBT community. However, there are a lot of insistencies with current laws that makes this recent ruling rather confusing. And so, if you have questions about this ruling, you must not hesitate to ask a Los Angeles attorney for his legal advice. This way, you’d be able to claim your rights as an employee and as a citizen, and avoid abuse and discrimination in the workplace. When that day comes where there are equal rights for every American, no matter what color, race, or gender preferences they may have, then we can truly say that we are living in the “land of the free, the home of the brave.”
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