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El Segundo Employment Law Blog

Age discrimination is more common than most people realize

Although baby boomers are aging, they are still active in the workforce. The global life expectancy is longer than it ever has been, and many people want to spend more time in the workforce. However, discrimination is making it difficult for many people to do so.

Unfortunately, age-discrimination is prevalent in the United States today. At least 21% of this country’s workers who are over 40 years old have experienced age discrimination, according to an insurance survey.

Important facts to know about workplace sexual harassment

Going to work each day should not have you worried about how you will be treated by supervisors or co-workers. You are supposed to be able to do your job freely and without harassment. Sexual harassment is a serious problem in workplaces all throughout California.

Below, you will find some important facts about sexual harassment in the workplace so you know what it is you are dealing with on a regular basis.

Demotion can be an act of retaliation

Being informed that you have been demoted at your place of employment can be overwhelming. You likely weren't expecting to hear this news and want to know what went wrong. However, every demotion might not be legitimate. You might have been demoted as retaliation by your supervisor and not because of your work performance.

One of the easiest ways to tell if you were retaliated against when demoted is if you recently filed a complaint with your human resources department, with a local ethics board or with the Occupational Safety and Health Administration (OSHA). Employers are barred from retaliating against their employees who blow the whistle on unethical or unsafe practices.

Common examples of unlawful retaliation by an employer

If you ever find yourself reporting an unethical or illegal action in the workplace, you are protected under federal whistleblower laws. This means that your employer is not allowed to retaliate against you in any way. Today, we will discuss the most common forms of employer retaliation employees experience in California.

If you have a disability or mental impairment, your employer cannot retaliate against you for filing a complaint for disability discrimination. The same goes for filing a complaint about an unsafe workplace, sexual harassment, medical or family leave, race discrimination, age discrimination, gender discrimination or any other protected status.

Google pays millions in class-action lawsuit for age bias

Google, the giant technology company that has defined the Information Age, has settled a class-action lawsuit for age discrimination. It still denies its interview process is “intentionally” biased against older job seekers.

Neither the lawsuit nor the settlement appears to surprise many who follow todays job market. Despite decades of increased awareness, it appears age discrimination is at least as common as it’s ever been even as lawsuits continue to be filed and settled.

How to prove you are suffering from wage discrimination

Wage discrimination is a serious problem facing many people in California. Even though laws are in place that protect workers from all forms of discrimination, employers still try to pay their employees different wages for different reasons other than their qualifications or experience level. Today, we will discuss how you can prove you are the victim of wage discrimination.

In order to prove wage discrimination under the Equal Pay Act, you will be required to show that the job you are working is equal to the job held by a counterpart of the opposite sex. You will also be required to show that the work you perform is done under comparable working conditions, and it is done in the same establishment.

Common forms of workplace discrimination

Going to work should not cause you to be anxious, fearful or depressed. But, for some, it can be due to the way the employer handles issues at the workplace. Every employee in the country is protected from discrimination because of various laws that are in place. However, not all employers like to follow those laws. Today, we will discuss some common forms of workplace discrimination.

The most common form of workplace discrimination is that of retaliation, with this happening more than 48 percent of the time. The next closest on the scale is discrimination based on race, which occurs at just under 34 percent of the time.

Highest court unanimously sides with older workers

The Supreme Court recently sided with two fire fighters who were laid off from a small mountaintop fire department. When they lost their jobs, they were the district’s oldest employees. The nation’s highest court agreed with them and their attorneys, declaring that federal law bars even that small department from discriminating against the firemen based on their ages.

 

Ways emails can be viewed as sexual harassment at work

When you arrive at work each day in El Segundo, you aren't thinking that you will be the victim of sexual harassment. It's usually not at the front of our minds, but it is something that you should think about every so often. Even though there are laws in place to prevent sexual harassment in the workplace, it still happens today. Some harassment even occurs in the form of an email.

Email is the backbone of almost every single business across the country these days and California is definitely not exempt, especially with Silicon Valley. As important as email can be to running a company, it can also be its downfall. Millions of emails are sent each day for one reason or another. Many of them are inappropriate or contain inappropriate content.

Signs of retaliation in the workplace

Employees across California and the rest of the country are protected from employer retaliation. This means that you are able to file a complaint against someone in your office with human resources or against your employer with a federal agency and not have to worry about retaliation. The sad fact of the matter is that employers still retaliate against their employees today. Here are some signs of retaliation to be on the lookout for if you file a complaint.

Have you been reassigned? If you are reassigned to a different shift or even a different job or department, you are likely the victim of retaliation if this came after filing a complaint or blowing the whistle. Being demoted, so that your pay is lower, is also retaliation.

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