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Workplace Discrimination Archives

Age discrimination in the tech industry

As many California workers are aware, tech startups and other companies within the technology industry are known for their youthful, hip work culture. While this free-spirited energy can make these types of places fun to work for recent college graduates, it creates a serious age discrimination issue as workers who are 55 years old and above tend to get relegated to jobs that are considered to be "old people" work.

Wage discrimination includes more groups than women

A review of filings at the Equal Employment Opportunity Commission shows that discriminatory pay practices by employers in California and nationwide do not emerge solely from discrimination against women. Race, age, national origin, disability and religion also inspire many wage discrimination claims.

Workplace discrimination claims under Title VII or Section 1981

A California employee who is filing a workplace racial discrimination lawsuit may do so under a federal statute commonly referred to as Section 1981 or under Title VII of the Civil Rights Act of 1964. It is important to understand the difference between the two. For example, to file a claim under Title VII, it is necessary to first go through the Equal Employment Opportunity Commission. Once administrative remedies through the EEOC have been exhausted, a lawsuit can be filed. Under Section 1981, it is not necessary to file a claim with the EEOC first.

Quitting a job raises legal bar for winning discrimination claim

California employees who are contemplating leaving their jobs due to harassment or discrimination should understand the different views that courts take of hostile work environments and constructive discharge claims. In general, a hostile work environment arises when an employee in a protected class experiences discrimination or harassment. A constructive discharge describes an employee leaving a job because the unfair treatment has become unbearable. The Supreme Court of the United States defines it as an act that a reasonable person would consider necessary to escape an unendurable situation.

Discrimination against female doctors common

Researchers at the University of California, San Francisco found that physicians who were also mothers faced discrimination at work. The study was inspired by comments made by female doctors on an online forum called Physicians Moms Group. Researchers created a series of questions that asked respondents to discuss their working conditions and whether they had experienced burnout or had been discriminated against.

Cancer patients and workplace discrimination

California residents who have cancer and are still working should know that many in their situation still face workplace discrimination. This is in spite of the Americans with Disabilities Act , according to a study published in a peer-reviewed medical journal. However, the study also shows that oncologists and oncology providers can help with creating customized and effective workplace accommodations for people with cancer.

Religious discrimination in the workplace

California employers must take steps to ensure that religious discrimination does not occur in their workplaces. It is important to keep in mind that for the purposes of determining religious discrimination, religion is not limited to the major world faiths like Christianity, Judaism and Buddhism. It may also include much smaller and lesser-known religions and belief systems as well as people who are atheists.

Protection for transgender employees

California offers certain protections to transgender people, but this may not be the case in other states. The Equal Employment Opportunity Commission, which is the federal agency that protects workers against discrimination, has said that transgender people are still protected under Title VII of the Civil Rights Act of 1964. However, the Trump administration has indicated it wants to roll back some of these protections, and the EEOC might be under pressure to shift its position as well.

Disability discrimination claims increase in 2016

California residents may understand that discrimination should not occur in the workplace. However, according to the EEOC, discrimination claims rose around the country in 2016, and disability discrimination claims are also on the rise. In 2016, claims based on disability discrimination rose 30 percent despite the fact that disabled workers comprise only a small portion of the overall workforce. Roughly 20 percent of the population as a whole is disabled.

California workplaces liable for EEOC compliance

The Equal Employment Opportunity Commission works to advocate for employees who have been victimized by discriminatory action in the workplace. In addition to monitoring and investigating 12 distinct classes of discrimination, the agency has been known to sue companies that failed to protect their workers. It is up to businesses to adhere to civil rights laws by cultivating nondiscriminatory professional environments.