Los Angeles Wrongful Termination Law Blog

The sad truth may be that illegal acts of mistreatment happen in workplaces across the state of California and entire country every day. Though, few incidents are more horrifying or more indicative of just how pervasive issues like disability discrimination can really be than one that was recently tried in federal court.

The turkey processing company named as the defendant in the most recent lawsuit has also found itself embedded in several other cases with state and federal agencies. Facing such allegations as wage and labor law violations, the company already paid out almost $5 million. Though, that figure does not compare to the damages the defendant now owes to 32 victims. 

Even though prejudice and mistreatment may be as old as the human race, the laws in place to protect against them are fairly young. As with other policies, anti-discrimination legislation is often implemented only after a victim is identified en masse. As such, it is possible to learn a lot about the turmoil and triumphs of an era by surveying the legal precedents set during that time. This generation may be forever associated with the fate of ENDA: the Employment Non-Discrimination Act. This particular bill addresses twenty-first century issues and affects thousands of workers in California and across the country.

The proposed piece of federal legislation would prohibit employment discrimination against workers on the basis of their gender identity and/or sexual orientation. There is evidence that resumes that cite LGBT-oriented activities are almost half as likely to result in job interviews for prospective workers. Similarly, recent findings by the Williams Institute on Sexual Orientation Law and Public Policy suggest that workplace harassment was reported by more than 40 percent of gay participants studied.

In some serious legal disputes, both parties may be invested in discrediting the other in an effort to bolster the legitimacy of their own claims. Defendants have been known to counter victims’ allegations with their own accusations. Such tactics are often intended to distract arbitrators from the real issue. And while it can be difficult to personally identify with the victim or the defendant in these instances, the details of the case must be considered objectively. One recent case in California involving allegations of employer retaliation offers all the drama and diversions necessary to cause a scandal.

The victim in the case worked as a labor negotiator for one California county when he was dismissed without grounds, he claims. He was provided with several reasons for being fired, but contends they are all untrue. Reasons listed include everything from lying to soliciting a prostitute to having an affair with a fellow employee.

Some industries, however unintentionally, have been known to foster a culture of prejudice against minority groups. The issue of employment discrimination in these instances is so prevalent that the U.S. government recognizes and attempts to ensure that disenfranchised groups have the opportunity to compete fairly for business on federally funded projects. However, some argue that by giving states like California incentives to assign work contracts to minority companies, the government is actually discriminating against other qualified businesses.

California currently receives $3 billion in federal money to fund transportation projects. And according to federal law, 10 percent of that money must be used to promote the inclusion of companies owned and/or operated by minority groups. Qualifying minorities include women, American Indians, African Americans and Asian Pacific Americans. The policy was recently updated to increase funding to 12.5 percent and add Latinos to the list of minority groups.