How to Combat Gender Discrimination in the Workplace
Gender discrimination in the workplace has become an incredibly hot topic in many industries. While there are certainly programs that have been put in place to stop overt discrimination, a good gender discrimination attorney would be remiss not to point out that such discrimination can still occur. As such, it’s important that you obtain the advice of gender discrimination lawyers and look at further ways to fight gender discrimination.
The best way to start combating discrimination is by increasing the diversity of your workplace. It’s important to look at your business as a whole and figure out which departments look like they’re not as diverse as they should be. A major mistake made by businesses is to pursue more diverse employees but to secret them all away in one department, leading to a business that still looks like a mono-culture from the outside.
Once you start to develop a more diverse workforce, you can start to look at your culture. It’s important to make sure that your management teams include members of both genders and that you’re not sending the message that leadership is only for certain people. It’s also very important that the people leading the charge for more diversity do so from the top, setting an example for the rest of your workforce.
Finally, it’s important to ensure that you’re constantly looking at ways to improve the diversity of your business. Don’t set up a plan and stick to it even if it isn’t working. Instead, make sure that you’re constantly looking for ways to do better and to make more of an impact. Give yourself a deadline to accomplish certain diversity goals and then meet to determine why you have or have not been successful. Looking at the way you work can reveal quite a bit about how your business deals with gender.
It’s always important to approach gender diversity with the right mindset. Make it a priority for your business, one that’s more about adapting your business to the modern market than it as about filling quotas or maintaining a corporate image. Not only will improving your diversity help you to reach out to a more diverse customer base, but it will also help to protect your business from accusations of discrimination. If you or your business need help with issues surrounding gender discrimination or any other facet of employment law, make sure to contact a Los Angeles employment lawyer at Mann Elias today.
Can I sue my employer for violating FMLA?
You may have heard of incidents where employees have sued their employers for violations of the FMLA and received large sums in judgment amounts. If you’re in a similar scenario with your employer violating the FMLA, you may be considering taking legal action. However, this comes along with many questions, such as do you have enough evidence to win and will the damages you get rewarded be worth the effort?
What Is The FMLA?
The FMLA is an abbreviation for the Family and Medical Leave Act. This guarantees employees up to 12 weeks of unpaid leave each year with no threat of job loss. The reasons you can take this leave are:
- You’re unable to work due to a serious medical condition.
- You must care for an immediate family member that has a severe illness.
- You or your spouse just gave birth to a child or you’ve just adopted a child.
- In all of these scenarios, your employer must still maintain your usual health benefits.
What Compensation Can My Lawsuit Award?
A family medical leave lawyer can help you to fight your FMLA violation case against your employer. There are a few different types of damages that you can recover from your lawsuit. These include back pay, front pay, and attorney’s fees. Let’s take a closer look at each one of these specific types of awards below.
If you’ve been denied family medical leave and took the leave anyway, you may be entitled to back pay. This will be the payment of your regular wages for the period from when you were unable to work until a lawsuit is settled. For example, if you were denied medical leave two years ago and the case was just decided by the courts, then you will be entitled to two full years of back pay.
Once your Los Angeles employment lawyer gets your case decided, it may be determined that you’re unable to work for the employer in the future. This could simply be the animosity between the victim and the employer. For this reason, the court can award front pay which will be your regular pay for a set period of time which the court determines in which you won’t be able to find an equivalent job.
Any attorney for family medical leave is going to charge a fee for representing you. Luckily, if you win your case, you can get awarded the money to pay the bill to your attorney. This can be especially helpful in cases that are drawn-out and require a substantial fee.
CA Jury Rejects Discrimination Claim From A Chipotle Employee
Lucia Cortez filed a discrimination claim against Chipotle Mexican Grill. However, a federal judge decided to rule in favor of the restaurant. Lucia said that she suffered a miscarriage while she was at work. She fell into a depression because she had been trying to get pregnant for years.
Lucia requested time off because of her medical issues. Her manager gave her 12 weeks of unpaid leave. Lucia later said that she would need an additional month off. Her manager gave her another courtesy month off. She later got another month off after she contacted the employee benefits center.
Chipotle asked Lucia to provide medical documentation, but she failed to do that. The restaurant told her that her position was going to be given to another person. Lucia asked to be put back on the schedule. However, Chipotle would not let her work until she gave her manager medical documentation that said she would be able to work again.
Lucia was eventually fired because she never provided the medical documentation. However, Chipotle said that she would be able to get her job back if she re-applied for it. They also said that she would not lose any of her benefits if she re-applied for the job.
Lucia decided to sue the restaurant instead of re-applying for the job. The jury ruled in favor of the restaurant because they found that the reason she lost her job was because she did not return to work. They also found that Chipotle did everything that they could to accommodate the woman’s medical condition.
Employers are able to request medical documentation saying that a person is fit to return to work after medical leave.
Disability discrimination in the workplace is a common occurrence. The good news is that you can call a disability discrimination lawyer for advice and legal assistance. A disability discrimination attorney Los Angeles can help you get compensated.
Can A Company Withhold Commission Payment
The Fair Labor Standards Act sets rules regarding overtime and minimum wage payment. However, it does not set rules regarding unpaid commissions. State law dictates whether an attorney can withhold commission payment.
Employers and employees have a contract that details how commission will be paid and when it will be paid. If the contract does not say that the employer can withhold commissions, then they have to pay a person according to the terms of the contract. State law dictates the terms of paying commission.
In Texas, the employer has to follow all of the terms of the written agreement. The state of Texas has stated that any agreements that are made orally can also be enforced. However, California and New York require that a written agreement be made.
How Does State Law Affect Employees Who Been Terminated?
State law may stop the employer from withholding commission payments even if the employee has been terminated. In the state of Maryland, employers must pay all commissions regardless of whether the person is fired or quits. An employer may have to pay damages, legal fees and three times the amount that is owed.
State laws can vary widely. That is why it is a good idea to consult with a commission dispute attorney specific to your state.
How Deductions are Applied
Employers have to withhold wage garnishments and payroll taxes from commissions. However, this is also dependent on state law. In Texas, an employer can take child support payments from a commission check. However, the employer has to talk to the attorney general if the lump sum amount exceeds $500.
Some states require that all of an employee’s earned wages be included in their final paycheck, which includes commissions. The commissions must be earned during the time that the written agreement was enforced. The past dealings of the employer and employee will determine how commissions are paid if the agreement does not address this.
Can Employers Withhold Bonuses From Staff?
Getting a bonus at work is always great, especially when you’re in need of extra money. Though it may be assumed that a bonus will always be given, that is not true for every staff member. While a bonus has to be given if an employer has promised to do so, there are instances where an employee may not be entitled to receiving one. The law pertaining to how a bonus should be handled can be complex, so a Los Angeles employment lawyer should be contacted. They can explain how a bonus is typically handled according to the law, and what should be done if you feel you have wrongly had your bonus withheld. Los Angeles bonus disputes lawyers can look into your case to determine if your employer had the right to withhold your bonus.
The law is specific in stating when a bonus is required to be distributed. If the bonus is listed in the employment contract, and the employee has abided by the language that says what has to be done to receive it, then the employee is entitled to the bonus. Generally, this is how the process goes, but there are other instances that aren’t as straightforward. Bonus dispute lawyers specialize in these situations and know what next steps to take. Los Angeles bonus disputes lawyers will factor in a termination, resignation, or layoff when determining how to proceed with your case. It is typical for these extra funds to be given once a certain amount of work is performed, so bonus dispute lawyers will check for documentation to prove that you have completed the necessary work. It can be difficult for an employee to approach an employer about this, so it is best to have a Los Angeles employment lawyer on your side.
If you are currently having issues with getting a bonus from your employer, it is best to get legal guidance from bonus dispute attorneys Los Angeles. They can help give you peace of mind by explaining if your employer has the right to withhold your bonus or not. Bonus dispute attorneys Los Angeles can also represent you if your employer is at fault. Contact our office for more information on this matter.
5 Signs of Age Discrimination
Older Workers are Fired and Younger People are Hired:
It’s like the saying goes, “Out with the old and in with the new.” Upper management wants to keep up with times and increase productivity, but that could mean the chopping block for you.
Reassigned to an Unpleasant Position:
This is a telltale sign of age discrimination in the workplace. They can’t be accused of getting rid of you if you quit after all. There’s no way to fully avoid this, but you might want to continue to improve at your job, if you can.
Comments about Your Age:
This has got to be the most obvious example of age discrimination in the workplace. Sometimes you literally hear the word “retire”. It might be time to look up some age discrimination lawyers in Los Angeles, assuming you live there.
You Stop Getting Raises:
This one is a bit tricky. Analyze your situation first. Is your work the same quality as the younger guy? Are you as responsible, and as punctual as the younger guy? If you answered “yes” to these, you can go ahead and seek a Los Angeles employment lawyer or any Los Angeles age discrimination attorneys.
Low Performance Reviews:
You’re a good employee. This report doesn’t seem accurate. There’s definitely something in the water and it’s called a new CEO. Young blood looks to the future and you’re not in it. Don’t worry, though. Just go find an age discrimination lawyers in Los Angeles and present the evidence before a court. They’ll know what’s going on.
If any of these situations have happened to you, you could be a victim of age discrimination. Los Angeles age discrimination attorneys could help you get the treatment you deserve. A Los Angeles employment lawyer could be exactly what you need.
How To Prove Retaliation In The Workplace
Employees who file a harassment or discrimination complaint are supposed to be protected from retaliation. Employers are not supposed to punish people for exercising their rights. However, it still happens. If you want to file a retaliation lawsuit, then you will have to prove the following things:
– You engaged in an activity that is protected
– Your boss has taken action against you.
– Your boss took action because of the activity.
There are federal laws against discrimination. There are also laws that prevent employers from retaliating against people who engage in protected activity. The following are examples of protected activities.
Employees who oppose illegal acts in the workplace are protected from retaliation. Employees who complain about harassment are protected. Witnesses who participate in an investigation are also protected.
Employees who file a discrimination claim or act as a witness are protected.
Any negative action that an employer takes because a person filed a complaint can be considered retaliatory. This includes things such as salary reduction, demotion, changing job assignments and changing job duties.
In order to prove that retaliation occurred, you have to prove that the two events are connected. An employer can take an adverse reaction against the employee without it being considered retaliatory. For example, a person reports harassment. The company has to lay off several people due to a reduction in budget. The person will not be able to prove that the employer’s actions were retaliatory.
Timing is one of the factors that has to be considered. If the negative action took place shortly after the employee complained, then it is likely retaliatory. The employee also have to prove that the employer knew about the complaint. Additionally, there must be a lack of explanation for the employer’s actions.
Contact A Workplace Retaliation Attorney
A retaliation attorney will be able to tell you how to best protect yourself. Workplace retaliation lawyers will also ensure that all deadlines are met. A Los Angeles employment lawyer will be committed to protecting your rights.
Reasonable Accommodation Under the Americans with Disabilities Act
What to Do If You Are Falsely Accused of Sexual Harassment
8 Examples of Pregnancy Discrimination at Work
The Pregnancy Discrimination Act (PDA), enacted in 1978, offers protection from discrimination or being fired based on pregnancy, giving birth or having other related health issues in workplaces that employ at least 15 people. The following eight scenarios require the services of our pregnancy discrimination lawyer in Los Angeles.
Discrimination or Firing
Even if the job requires being in the presence of dangerous chemicals or heavy lifting, a pregnant woman’s health risks are hers alone to manage. In addition, an employer cannot fire a woman just because she is pregnant.
This includes insults, jokes and threats are illegal regardless of the perpetrator. Any pregnant woman who finds herself in a hostile work environment should consult with a pregnancy discrimination lawyer.
A woman cannot be denied employment because she is pregnant or may become pregnant in the future. An employer is not legally permitted to base a hiring decision on possible “negative economic impact” or other bias.
Not Providing Accommodation
Pregnant women are entitled to the same medical accommodations as non-pregnant employees, such as a stool to sit on or light duty for a strained back. As long as a doctor’s note is provided, the employer cannot refuse accommodation.
Dismissal for Breast Milk Pumping
Under the terms of the Affordable Care Act, new mothers must be allowed to pump their breast milk in a private space that is not a restroom. Companies with fewer than 50 workers do not have to accommodate pumping.
Forced Time Off or Lack of Promotion
A pregnant woman who can do her job must be allowed to do so. She cannot be forced to take leave or refused a promotion due to her condition. Calling our Los Angeles employment lawyer will help pregnant women to understand their rights.
Restricting Pregnancy Leave
This can present as a shorter leave, being forced to use sick days or job loss. Employers also cannot demote a woman for being pregnant or reduce pay or benefits.
If a woman files a complaint regarding pregnancy discrimination, the employer is not allowed to harass, demote or fire that worker. This includes biased judgments based on her performance or treating her differently from other employees.
If you have experienced pregnancy discrimination, contact our employment lawyers near you to obtain the best advice.