Los Angeles Wrongful Termination Attorney Blog

Discrimination doubled

2013-05-15T19:01:05Z

When it comes to issues like discriminatory and/or preferential practices in the workplace, many people may not know that such behavior can have a negative impact on other workers than just the immediate victims. That is why any and all incidents of employment discrimination in California must be recognized and addressed so that they do not lead to more victimization. Unfortunately for thousands of workers across the country, one industry seems to be functioning on an institutionalized culture of illegal mistreatment that is fast spreading.

The agricultural industry is largely fueled by a workforce of immigrant laborers. Many work in the U.S. through guest worker programs and the H-2 Visa, and many more are unauthorized immigrants laboring without recognition or protection under the law. As a result, immigrant farm workers are often subjected to substandard workplace conditions because, some argue, employers readily exploit their vulnerability.

]]> And while that scenario is disturbing enough, more and more domestic workers are claiming employment discrimination because they are denied equal access to jobs given to immigrant laborers. Some locals interested in working on farms allege that they are being singled out on the basis of their national origin and/or race, and should not be subjected to the same unacceptable workplace standards as foreign laborers.

According to the Equal Employment Opportunity Commission (EEOC), employers must attempt to hire and retain American workers before recruiting those on H-2 Visas. Though, some companies and local laborers alike concede that they are unwilling to work under the same conditions or at the same capacity as immigrants.

Employees cannot be asked to forfeit their legal rights to conform to the will of employers. Similarly, businesses do not have the right to exploit the labor of any worker, no matter their immigration status.

Source: New York Times, “Workers Claim Race Bias as Farms Rely on Immigrants,” Ethan Bronner, May 6, 2013

A disability discrimination nightmare revealed

2013-05-13T19:01:05Z

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.

]]> Close to 1,500 workers with mental disabilities were hired throughout the 45 years the company has existed. The men worked in labor camps across seven states, where they were never granted access to disability-related services or resources, according to prosecutors. An Equal Employment Opportunity Commission (EEOC) attorney representing the victims in this case alleged that the defendant also prohibited workers’ right to state services and health insurance. Similarly, the company was accused of gouging wages and subjecting the disabled employees to substandard working conditions.

State officials closed the building used by the defendant to house the victims in part because the company lacked the appropriate licensing and because of its unfit conditions. Apparently the century-old building didn’t pass fire safety codes or have central heat.

Only a small number of victims could be represented in the suit, but jurors on the case did show an overwhelming degree of support for all the victims when they only took around eight hours to find the defendant guilty. The ruling awards the 32 victims with $7.5 million each, amounting to $240 million in total damages.

Source: USA Today, “Abused disabled Iowa workers awarded $240M,” Clark Kauffman, May 1, 2013

Protecting overweight workers from discrimination

2013-05-09T17:30:05Z

In most instances, workers in California and all throughout the country can be confident that they are legally protected against forms of harassment and discrimination on the job. The Americans with Disabilities Act (ADA) is one piece of federal legislation that has made huge strides in guaranteeing that all workers are viewed equally under the law. However, measures like the ADA may still be put to the test when questions regarding what actually qualifies as a disability are posed. The relationship between obesity and disability is being scrutinized and criticized by many as disability discrimination cases involving overweight workers are on the rise.

Discrimination lawsuits filed by obese employees are receiving more attention in courts across the U.S. partly because they are increasing in number. Whereas once the idea of obesity discrimination was largely discredited, now the condition is increasingly being viewed as a legitimate disability.

]]> While simply being overweight would not qualify as a disabling condition, morbid obesity is commonly understood as a disease. In order to be considered morbidly obese, individuals must be 100lbs overweight or more. Morbid obesity is also often accompanied by other serious medical conditions like arthritis and hypertension. As a result, morbid obesity is identified by the ADA as a disability.

The acknowledgement of morbid obesity as a disability has also been facilitated by an evolution in thinking. The Equal Employment Opportunity Commission (EEOC) clearly states that the supposed cause of a person’s obesity should not play a factor in their discrimination case.

Morbidly obese employees faced with illegal acts of unfair treatment are protected under the law. In fact, anyone that suspects they may be victimized by disability discrimination has the right to seek legal counsel and fight for their employee rights.

Source: Chicago Tribune, “When weight is disabling,” Julie Deardorff, April 24, 2013

Combating discrimination of another guise

2013-05-06T17:30:05Z

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.

]]> However obvious it may be that issues of unfair treatment against LGBT workers are legitimate, 34 states fail to protect transgender employees and 29 do not combat discrimination against gay workers. Such lack of legislation seems to contradict public opinion on the matter, as one study found that most Americans support protections offered by ENDA. In fact, most of those polled believed similar laws were already in place throughout the country.

If ENDA passes successfully in the U.S. Senate and House of Representations, it will help to ensure that no form of discrimination is condoned and that all workers’ rights are protected under the law.

Source: MSNBC, “The fight for ENDA: Think you can’t be fired for being gay? Think again,” Emma Margolin, April 25, 2013

Retaliation suit verdict reviewed by U.S. Supreme Court

2013-05-02T17:35:04Z

The interpretation of the law determines how it is implemented and upheld on the state and federal level. In order for cases involving issues like workplace discrimination to be heard and tried consistently under the law, it’s important to guarantee that policies are clear and concise in their understanding. If and when instances arise where the interpretation of a piece of legislation is challenged in a California court, for example, it may be left to the U.S. Supreme Court to rule on the ultimate meaning and intent of the law in question. In fact, the country’s highest court is currently in the midst of deciding how legislation regarding employer retaliation should be understood.

]]> The original case involved a doctor that sued a prominent medical facility for retaliation after they allegedly rescinded a job offer because he had claimed discrimination before. The doctor won that lawsuit, receiving millions of dollars in damages.

Now the Supreme Court must decide whether or not the judgment in that lawsuit was appropriate. The defendant in the suit contends that it was not. The hospital claims that the jury in the case erroneously interpreted employer retaliation laws, finding the defendant guilty on the grounds that retaliation was one of the factors that led to them withdrawing the job offer. The defendant argues that victim’s claims can only be valid if retaliation is the only reason behind an action.

While the Supreme Court has yet to rule on this case, one justice suggested that issues regarding retaliation cannot be treated different than other discrimination claims. However unlikely, if the court finds in favor of the defendant in this case, it could open anti-discrimination legislation to interpretation and doubt.

Source: KUSI, “Court seems split on doctor’s discrimination suit,” Jesse J. Holland, April 24, 2013

Reputations may be on the line in wrongful termination suit

2013-04-30T17:35:04Z

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.

]]> Noting that he was never charged with the alleged crimes cited by his old employer, the man claims that he was the victim of wrongful termination because he confronted one of the county’s prominent supervisors about working outside the law.

That final incident apparently happened after the victim had negotiated on behalf of the county to impose pay cuts on workers. A major factor in his dismissal may also be that the victim later testified on behalf of the labor union, admitting that the county mishandled those labor negotiations.

Since his complaint that was filed with the region’s Civil Service Commission was dismissed, the victim plans to move forward with a lawsuit against the county. Even though this particular case might be rife with drama, the victim may have a strong case against his previous employer if he can prove retaliation was a factor in his dismissal.

Source: fresnobee.com, “Former Fresno County labor negotiator to sue,” Kurtis Alexander, April 16, 2013

Security guard accuses employer of discrimination and harassment

2013-04-27T17:51:54Z

Many industries throughout the country encourage a sense of identity and culture unique to their members and collective efforts. The American music industry has a rich and vibrant history that reflects many proud and controversial episodes in the country's past. Music and original content continues to be produced on a daily basis, and the industry's reputation for being a somewhat eccentric force continues to thrive as well. And while many pop-culture enthusiasts and aspiring musicians alike embrace the idea of a counter culture propelled by sex, drugs and Rock N' Roll, how appealing is that scenario to those that actually work in such a setting?

Apparently, those working conditions are not appealing at all to some. One Los Angeles, California security guard has filed multiple complaints, including workplace discrimination, harassment, and retaliation against her employer. She's requesting compensation as part of her lawsuit against the Universal Music Publishing Group (UMPG) and Universal Protection Services.

]]> While several occasions are highlighted by the victim, she claims that she was suspended and ultimately fired from her security guard position in retaliation for complaining to her supervisors about an incident involving the entourage of one high profile rapper. While dealing with a long list of recognizable musicians and industry leaders, the victim alleges that she was exposed to inappropriate language, sexual harassment and illegal drug use in the workplace.

The victim contends that neither the building's owners nor her employer addressed her concerns because they allowed clients to engage in illegal activities on the premises. If the security guard's lawsuit goes to trial and the defendants are found guilty of exposing her to any of the illegal working conditions identified in her suit, she may be entitled to damages.

Source: billboardbiz, "Security Guard's Lawsuit Against Universal Music Publishing Alleges Workplace Pot Smoking, Juvenile Behavior," Eriq Gardner, April 11, 2013

Do anti-employment-discrimination measures leave others out?

2013-04-26T17:49:11Z

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.

]]> In 2011, this agreement between the state and federal government was challenged by the Associated General Contractors of America on the basis that they claimed minority companies received preferential treatment in winning contracts with the state. The contractors' allegations were originally dismissed and their recent appeal of that ruling has also been dropped by the 9^th U.S. Circuit of Appeals.

According to the circuit panel judges, the contractors association was unable to prove it was victimized by the state's actions. It also added that there is substantial evidence that minority-owned companies face discrimination in the transportation industry. The contractors association may attempt to raise the issue with the U.S. Supreme Court.

Source: THE TRIBUNE, "9^th Circuit upholds Caltrans' preferences on contracts for ethnic groups, women," Denny Walsh, April 17, 2013

Race discrimination may have caused missed promotions

2013-04-15T20:48:37Z

It is true that many people become victims of illegal treatment fairly early upon being hired. In fact, prejudicial attitudes on the part of employers can keep perfectly eligible job candidates from even making it through the application process. Any and all forms of employment discrimination are offensive and unacceptable; though, some more subtle manifestations can be particularly detrimental. After years of working for the same high-profile organization, one man claims that he was first overlooked and then ultimately dismissed illegally.

The man has filed a lawsuit against Fox Sports, accusing the organization of disability and race discrimination. He claims that he was fired after taking disability leave, and was deliberately being forced out of his position during the period of time leading up to his disability. As a result of the mistreatment, the victim contends that he has suffered multiple mental and emotional issues.

]]> The victim accuses Fox Sports of prohibiting racial diversity in the workplace, noting that the company has never hired any African American managers. He believes that during his 15 years with the company, the victim was repeatedly overlooked for promotion because he's African American. The position above his became available several times throughout the years, and his references and experience made him a prime candidate. However, the company refused to consider him for the position.

If Fox Sports is found guilty of the charges in the suit, the company may be liable for more than $25,000 in damages. Similarly, the organization may be forced to explain why there is such a lack of diversity throughout the ranks of its employees.

Source: jobs.aol.com, "African-American Exec Accuses Fox Sports Of Race Discrimination," April 9, 2013

Over 100 employees unite in discrimination suit

2013-04-15T19:31:50Z

In instances where coworkers share similar complaints about their workplace conditions and/or other job components, it is fairly common for them to voice their concerns collectively. Many times, this translates into a gesture like an organized workers strike or group negotiations. Though, what happens when a large number of workers may have faced employment discrimination together? One California case involving a large lab company illustrates how workers can organize to combat unlawful employment practices even in the event they've been laid off or fired.

Everyone from administrative assistants to scientists to maintenance staff have come together as a collective force of 130 members to sue their previous employer, Lawrence Livermore National Security. These workers claim that they were all laid off for illegal reasons like breach of contract and retaliation. The lawsuit will move forward, since it was ruled that there is evidence that the company laid off older workers more than any others.

]]> One of the major complaints that victims share is that the terms of their contracts were not followed. They also allege that seniority was not taken into account regarding who should lose their job. For example, one victim notes that she was laid off and then replaced by someone with considerably less experience.

Representatives for the defendant in the suit contend that the layoffs affected positions the company intended to phase out, and that each department was responsible for cutting staff.

If it is proven that the defendant intentionally targeted specific groups of employees to layoff illegally, the company may be liable for paying damages to each individual victim.

Source: insidebayarea.com, "Former Livermore lab workers say they were laid off due to age, income, other issues," Jeremy Thomas, April 9, 2013

Pregnancy discrimination case remains overturned for now

2013-04-08T19:21:10Z

Many California workers are protected from the threat of wrongful termination in the event that they request medical and/or maternity leave. The Family Medical Leave Act (FMLA) is in place to ensure that qualifying employees have the opportunity to take time off of work without fear of losing their job or facing any illegal form of discrimination. Though, there are instances where a worker's eligibility to receive benefits like paid maternity leave may be in doubt, calling into question whether or not their legal rights have been infringed upon as well.

A few years ago, a woman was hired as the assistant to the manager of George Lucas' San Anselmo, California, estate. Shortly after being hired, the woman was allegedly fired by the iconic director's production company for her poor work demeanor. However, the woman claims she was fired because she was pregnant. She filed and originally won a discrimination lawsuit in Marin, California, which found the production company liable for substantial attorney fees and damages to the victim in the case.

]]> Following that trial, the production company's request to overturn the ruling was corroborated by the 1^st District Court of Appeal on the grounds that the original judge provided faulty instructions to the jury. The appeals court instructed the case to be tried again in the Marin Superior Court, but the victim insisted that the appeals ruling should be overturned by the California Supreme Court.

For the time being anyways it looks as though the victim's wrongful termination case is stalled since the state Supreme Court recently decided that it won't counter the appeals court ruling. If the victim wishes to continue with her case, she may have to start over from the beginning.

Source: Huffington Post, "Lucasfilm Pregnancy Lawsuit: Film Company Granted Legal Victory," Gary Klien, March 28, 2013

Disability discrimination suit questioned over contract

2013-04-08T19:18:31Z

In instances where employees suspect that they have faced mistreatment in the workplace, it can be very difficult to prove that actual wrongdoing has taken place. Illegal forms of abuse like disability discrimination are recognized under California state and federal law. Though, there are certain factors that can exclude workers from being legally protected in some cases. One woman's claims of discrimination, however valid, may be dismissed if it is found that her employment status left her venerable to her employer's ill judgment.

The woman who filed the disability discrimination lawsuit claims that she had worked for Los Angeles World Airports (LAWA) as a contract employee for more than six months when she notified her employers that she was diagnosed with breast cancer. She continued to work during the course of her cancer treatment and met with her superiors to discuss extending her contract in the spring of 2010. It was allegedly decided at that point that her contract would be extended for another two years. However, when it came time for her new contract to go into effect, the victim claims that LAWA stopped paying her and cut their contract agreement in half.

]]> The victim apparently continued to perform her job without being paid for nearly six months after the new contract began. She contends that she was forced to take legal action after her employers failed to address the issue.

While the victim accuses the defendant of discriminating against her because she had cancer, LAWA argues that ADA standards do not apply to contract workers like her. The validity of the victim's claims may rest, then, on proving the status of her employment.

Source: dailybulletin.com, "Former LAWA consultant sues agency claiming discrimination," Liset Marquez, April 6, 2013

Yoga guru faces sexual harassment charges

2013-04-04T14:06:38Z

The relationship between mentor and pupil can be an intriguing one. Often times, teachers, guides and even employers can be revered by their students and workers, garnering a profound sense respect and admiration. The mentor may feel a strong connection to his or her followers as well. These types of relationships have the potential to be incredibly beneficial for apprentice and teacher alike as both may be challenged and supported by the other. Though, the flipside to that scenario is that the bond may also lead to a false sense of attachment or possession in the mentor-student relationship. Unfortunately for one aspiring Los Angeles professional, her ambition to be taught by the best in her field of study may have lead her into a situation involving sexual harassment and other hurtful acts.

The man identified as the defendant in the woman's harassment lawsuit is an international icon in the world of yoga. He has instructed high-profile clients like Hollywood celebrities and musicians, and continues to maintain his own brand of yoga studios around the world.

]]> When the victim began studying yoga as a career choice, she sought out the well-known instructor's training program. As she advanced in her learning, the victim claims that she was harassed sexually multiple times. As a result, the woman did apparently bring the issue up with her teachers. However, she claims they simply condoned the defendant's inappropriate actions.

Having been repeatedly rejecting by the victim, the defendant allegedly began interfering with her competition and work performances. However, the victim says she had no other choice but to continue in the man's yoga program because she had invested so much money into it and feared for the future of her career.

The woman is now suing the yoga guru in a Los Angeles Superior Court.

Source: New York Times, "Founder of Yoga Empire Accused of Misconduct in Suit," Sara Beck, March 26, 2013

Racial discrimination at the heart of an LAPD suit

2013-04-02T14:04:39Z

Most working adults have had some experience with mistreatment on the job, whether they witnessed it firsthand or know of someone who has. Fortunately, there are also those who may never know what it is like to face any form of workplace discrimination. For others, though, the reality of being singled out and acted against illegally can be far too close for comfort. The sad truth is that anyone can fall victim to forms of h arassment and wrongful treatment where they work, but that doesn't mean they have to take it.

The Los Angeles Police Department (LAPD) has found itself embroiled in a number of discrimination-based lawsuits recently. In fact, one police unit alone has been identified in four separate incidents of harassment. The most recent case involves a black police officer who received substantial damages for facing multiple acts of race discrimination from a supervising officer.

]]> According to the victim in the suit, offensive posters of him and fellow officers were displayed in his department at one point in 2009. That same year, a superior officer embarrassed the victim with a cake boasting derogatory images. The victim had been working with the department for 20 years at the time.

The racial discrimination he endured ultimately compromised the victim's health and wellbeing. He could not work for seven months and was even hospitalized for a time. In its defense, the city attempted to argue that the victim should have filed incident reports early on. However, the officer feared he would be retaliated against under those conditions.

This case reinforces the idea that anyone can be a victim of employment discrimination and everyone has the right to fight it.

Source: fresnobee.com, "Black LAPD officer $1.2M discrimination suit," Tami Abdollah, March 26, 2013

Who should pick up where the FMLA leaves off?

2013-03-31T04:57:09Z

It is often taken for granted in California that a female employee can take time off of work to have a baby without fear of losing her job. It is even becoming more and more common for new dads to use any paternity leave benefits offered by the company they work for. And while thousands of people across the country have access to these types of accommodations, thousands more do not. Some might be surprised to learn that the Family Medical Leave Act (FMLA), which makes maternity and paternity leave possible, doesn't protect the livelihood of countless pregnant women and new mothers.

The FMLA does serve in the interest of the majority of workers in the U.S. In fact, instances where accommodations have been made for employees under FMLA guidelines exceed 100 million, according to one source. In addition to safeguarding an individual's job in the event he or she is having a child or needs to care for another, FMLA benefits are often combined with company-endorsed incentives like paid maternity leave to attract and retain employees. However, many people believe current standards still aren't enough for female workers.

]]> The labor Department estimates that paid maternity leave is offered in only around 35 percent of cases. In addition to placing many women in a potentially precarious financial situation, some proponents of a more comprehensive FMLA system suggest that shorter periods of unpaid maternity leave can put the health of new babies and moms at risk.

Small businesses are often exempt from FMLA laws, which can translate into workers losing their job the moment they take maternity leave. While the size of the company may vary, the rights of workers should not. Any woman who suspects she is being denied FMLA accommodations can and should research her legal options.

Source: The Washington Post, "After 20 years, some want more from Family and Medical Leave Act," Janice D'Arcy, March 13, 2013