The Continuous Belligerent Struggle against Wrongful Termination

Wrongful termination happens in the United States, particularly the state of California. According to many research findings, much of the wrongful termination cases are concentrated on areas with big employee populations, including California. Since many employees are working there, the agencies tasked to handle employment disputes are often bombarded with a lot of complaints.

Most of the cases of wrongful termination in California stems from the “at-will” employment policy. This policy states that an employer can dismiss a worker at any moment if the reason for doing so is legal under the present laws. This employment scheme has a notable loophole even though it brags of the freedom to transfer to any job without having legal liability.

Aside from the at-will, retaliation also plays a major role in the wrongful termination complaints. This happens when employees participate in an investigation against the company and the employers, out of revenge, create decisions that would affect the workers negatively. Demotion and deprivation of benefits are some of the examples for this.

Fortunately, the Equal Employment Opportunity Commission (EEOC) was created to protect the employees from the various violations that could be committed against them by their employers. The EEOC is a government agency that acts as the safeguard of employees against discriminatory practices. It was created on July 2, 1965 and since then; it has been in the forefront in terms of enforcing employment and labor laws.

According to the EEOC, aggrieved employees are asked to file a complaint with the agency against erring employers. The agency would create then thoroughly investigate the case; however, if such measure don’t work, it would be necessary for them to seek the help of a Los Angeles wrongful termination lawyer.

Wrongful termination greatly violates the rights of employees. As such, employees are entitled to relief in the form of monetary compensation. With the help of the EEOC or with the assistance of an expert employment and labor lawyer, losses and damages caused by their employers’ actions are repaired.

Disability Discrimination: About Reasonable Accommodations and Undue Hardship

According to the California Fair Employment and Housing Act (FEHA) and the federal Title I of the Americans with Disabilities Act of 1990 (ADA), disability discrimination is prohibited in private companies, government offices, employment agencies and even in labor unions.

For the U.S. Equal Employment Opportunity Commission (EEOC), employers covered by the ADA are prohibited from discriminating an employee or applicant on the basis of his or her disability. Through the amended Rehabilitation Act, qualified individuals with disability who treated unfavorably may file for a discrimination complaint.

Such laws cover even those who have a history of disability such as cancer, which is controlled, or in remission. Others are still qualified if he or she is believed to have a physical or mental impairment that is not in the transitory stage.

Also, disability discrimination may happen within the following employment processes:

• Hiring;
• Termination;
• Job assignments;
• Promotions;
• Layoffs;
• Training;
• Fringe benefits; and
• Any other terms and conditions of employment.

The laws even require employers to provide some reasonable accommodations to workers or job applicants who have disabilities if it does not cause significant difficulty for the company. These reasonable accommodations may include various changes in the working environment to assist the person who has a disability. Moreover, the employee or applicant through reasonable accommodations may acquire benefits and privileges.

Examples of this would include providing ramps for wheelchair users, as well as readers or interpreters for the impaired of hearing. Unless doing so would cause undue hardship for the employer, the disabled employee may be entitled to reasonable accommodation.

Basically,”undue hardship” means that the accommodation is too difficult or very expensive to provide with respect to the size of the company, financial resources and the needs of the industry.

Incidentally, employees who feel that they have been discriminated on the basis of their disability may file a complaint with the appropriate agency or with an expert employment attorney. Workers may also seek the help of a Los Angeles employment discrimination lawyer to obtain legal assistance with regards the case.

Various Aspects of Sexual Discrimination and Harassment

Sex discrimination is still prevalent in the country despite the numerous laws that sought to protect employees from discrimination. Such form of bias is formally defined as the unfavorable treatment of an applicant or employee because of his or her sex. This type of discrimination may also be in the form of maltreatment towards a person because of his or her association with a group or organization.

Basically, sex discrimination often happens in the following aspects of employment:

• Promotions;
• Layoffs;
• Training;
• Fringe benefits;
• Hiring;
• Termination;
• Pay;
• Job assignments; and
• Other terms and conditions of employment.

It may also be classified into two categories, namely:

• Disparate treatment, which is a direct discrimination; and
• Disparate impact, wherein the prejudice is done in the form of company policy or regulation that is neutral in form but may negatively affect a certain group of people.

Sex discrimination may also pertain to sexual harassment. The Equal Employment Opportunity Commission (EEOC) refers to this as unwelcomed sexual advances, requests for sexual favors and other verbal or physical harassment of sexual nature.

Harassment per se does not need to be sexual in nature but it should have evidence of offensive remarks about the sex of the victim. There are even reported cases wherein females were harassed through offensive sexual comments pertaining to all women in general.

The harassment may become severe that it could already create a hostile environment for the employee that often results to decision that could negatively affect the employee. In most harassment cases, the harasser may be a supervisor, a co-worker or even a person who is not an employee of the company. The laws that pertain to sexual harassment are not particular about the sexes involved but rather on the acts that were committed.

Based on the Title VII of the Civil Rights Act of 1964 and the California Fair Employment and Housing Act (FEHA), employees’ should be protected from sex discrimination as well as sexual harassment.
Consequently, employees or applicants who wish to file for a case under discrimination or sexual harassment in California may seek the help from a Los Angeles discrimination attorney who could greatly help in achieving a favorable settlement.

A Brief Background on Racial Discrimination and Other Related Research

Fighting off discrimination has been one of the major concerns of the nation since the Industrial Revolution from 1750 to 1850. This had led to the creation of laws that basically uphold the rights of employees.

One of the most prevalent forms of discrimination is based on a person’s or group’s race. This is legally defined as the unfair treatment of an employee because of his or her race. Such maltreatment is strictly prohibited under the Title VII of the Civil Rights Act as well as California’s Fair Employment and Housing Act (FEHA). The provisions of these laws do not only apply to employees but to applicants as well.

The law prohibits the employer from doing the following actions against the employees:

• Terminating an employee due to race
• Refusal to hire
• Paying a worker less or providing them smaller benefits
• Failing to provide benefits
• Race misclassification based on race

Racial discrimination is also defined as separating people through social division into groups for the purpose of differential treatment. This is formalized through racial segregation policies, but is more often done without legalization.

In fact, in a study in 2004 conducted by researchers Marianne Bertrand and Sendhil Mullainathan of the University of Chicago and Massachusetts Institute of Technology (MIT), it was revealed that job applicants who have names that were perceived as sounding “black” were 50 percent less likely to receive callbacks for interviews than white-sounding names. This shows that there’s still widespread discrimination in U.S. employment.

Another study was made by Devah Pager, a sociologist at Princeton University. She sent matched pairs of applicants to apply for jobs in Milwaukee and New York City. The results showed that black applicants received half the rate of callbacks or job offers that were offered to equally qualified white applicants.

Incidentally, applicants and employees who experience discrimination are encouraged by the law to file for a formal complaint with the appropriate agency. If the maltreatment took place in California, then victims are suggested to seek the help of a Los Angeles employment discrimination lawyer. This professional fully knows the practical details of the complaint.

A Deeper Understanding of Gender Discrimination

Unfair treatment within the workplace, along with discrimination based on gender, is definitely a stressful and humiliating experience.  Sexism or gender discrimination is often a set of beliefs that claim real or alleged differences between women and men to establish the superiority of either gender

Most of the time, the bias is directed against women and it is through restricting job opportunities. According to some studies, sexism is not just a matter of individual attitudes but is sturdily built into some societal institutions. An example of this could be found within different countries, even in United States, which claims to be a democratic nation that upholds the right of every citizen regardless of gender. 

Consequently, even though the Title VII of the Civil Rights Act of 1964 and the Fair Employment and Housing Act (FEHA) protect U.S. employees from discriminatory acts, they do not guarantee the compliance of some employers. Meanwhile, gender discrimination has two types, namely: 

• Disparate treatment — A clear-cut way of discriminating an employee.

• Disparate impact — A form of discrimination, which is committed through company policy or regulation.

Like any labor violation, gender discrimination is also done through different employment processes, such as: 

• Application

•  Leaves

•  Benefits

• Termination

• Training

• Job assignments

• Promotion

• Wage

Accordingly, victims of gender discrimination are encouraged to seek the legal assistance of a Los Angeles employment discrimination lawyer. This professional can surely aid in proving that the employer has violated the rights of the workers under the prevailing laws. A lawyer can also shield the employee from the possible retaliatory actions of the abusive employer. Employees are aided by attorneys in filing their EEOC or FEHA claims and lawsuits to ensure that the company pays for the damages that are inflicted on the employee.

Workers who are seeking justice for the inhumane treatment that they experienced are most probably going to be compensated damages awards or settlements in the form of monetary payments. Meanwhile, victims who cannot pay readily may still file a complaint through law firms that offer contingency agreements. These agreements state that the client will only pay the lawyer once the case is won.

Religious Rights of Employers as Protection against Discrimination

Americans were given the chance to choose and practice their own religion as stated under the Title VII of the Civil Rights Act of 1964. This law specifically prohibits discrimination based on religious beliefs. Such provision meant that the companies, as well as employers who have 15 or more workers, should not implement policies that will single out employees and applicants due to their religion.

Under the numerous employment processes like hiring, wages, training, leaves, recruitment, job assignment, promotions, benefits, lay-offs, and termination. Most labor organizations, employment agencies, and federal government agencies are also covered by such principle. To help employees in recognizing their religious rights as stated through the Title VII, here are some provisions they should know:

• Company owners should not provide special treatments to employees or job applicants because of their religion except when religious accommodation is needed.

• Company owners must not force a worker to join a religious activity or gathering as an employment requirement.

• Company owners must provide reasonable accommodations to workers from different religions provided that it will not cause undue hardship for them.

• Company owners must prevent or stop religious discrimination once it happens to workers.

The given provisions are also present within the California Fair Employment and Housing Act or FEHA. FEHA is regarded as the main state statute that forbids company owners, employment agencies, labor organizations, or any person from inciting, encouraging, or compelling the acts of discrimination towards employees. Moreover, employers are also forbidden to do retaliatory acts against workers who oppose the discriminative employment practices within their workplaces by filing a discrimination charge or by testifying in an investigation on the company.

The Civil Rights Act of 1964 and FEHA are not the only statutes that protect employees against abusive employees who commit religious discrimination. Employees who feel that they are harassed or discriminated against because of their religion are advised to seek the help of a Los Angeles discrimination attorney especially if the case occurred in California.

Such lawyer has the capacity to gather evidences and to look for witnesses who can testify for his or her clients during litigation. Through the lawyer’s help, the aggrieved former employees can recover their losses through damages awards. 

Laws Protecting Women from Pregnancy Discrimination

Under the prevailing laws, pregnant women should be provided with equal employment opportunity given that their condition is not affected by their job performance. Moreover, the tasks given to them should not endanger the life of the baby.

These provisions are clearly stated through the Pregnancy Discrimination Act (PDA), which is an amendment to the Title VII of the United States Constitution. Based on this act, employment discrimination is forbidden to be committed against pregnant women during childbearing, childbirth, and other conditions related to pregnancy.

This law applies to workers under companies with 15 or more employees including state, federal, local government offices, employment agencies, and labor organizations. The law is effective under the following processes of employment: 

• Health insurance – Pregnant employees should receive the same treatment just like regular employees. In line with this, they should be provided with the same insurance policies given to disabled workers.

• Pregnancy and Maternity leaves – A pregnant employee should be permitted to have leaves without the threat of termination.

• Hiring – Any employer is prohibited from rejecting applicants who were pregnant because of their present condition, as well as commit any discrimination based on their pregnancy. 

• Fringe – Pregnancy-related benefits should not be limited to married employees. These benefits should be offered to all female employees regardless of the rank and classification.

Pregnant employees who were harassed, discriminated, or wrongfully terminated because of their condition have the right to defend themselves as stated under existing federal and state laws. These employees are suggested to seek the legal assistance of a Los Angeles wrongful termination lawyer especially if the case occurred in California. 

California has been notorious for various employment violations and it is possible that many pregnant women have experienced maltreatment there. As it is, the huge population paves the way for abuse since authorities could not check the employment processes of many companies all at once. Fortunately, there are wrongful termination attorneys in the place who could help workers in asserting their rights. Lawyers have the capability to gather evidences and witnesses, which the client may have difficulty in doing due to her current state.