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Glassdoor releases data regarding discrimination at work

According to Glassdoor, there has been a 30% increase in job listings related to diversity and inclusion since 2018. However, companies in California and throughout the country still have issues when it comes to treating their workers properly. A Glassdoor survey found that 60% of respondents had either been victims of workplace harassment or saw others victimized on the job. This is in spite of the fact that roughly 75% of companies that took part in the survey said that they had a diverse workforce.

Research has shown that workers of all ages, genders and sexual orientations can be victims of harassment. Men were more likely to report that they were victims of ageism or knew those who were discriminated against for being part of the LGBTQ+ community. Overall, 45% of the respondents said that they had experienced ageism at work or knew others who had been treated differently because of their age.

Sexual harassment more common among women in leadership roles

When many people hear about workplace sexual harassment, they tend to think of a powerful man mistreating a women who works for him. However, a study has found that even women in powerful positions can be victims of sexual harassment on the job. In fact, women in positions of power in California and around the country may be even more likely to be victims of harassment. This is because managers interact with a larger number of people, which provides additional opportunities to be mistreated.

The study from the Swedish Institute for Social Research gathered data from workers in Sweden, the United States, and Japan. Researchers asked respondents to say whether they had experienced a variety of behaviors that could be considered sexual harassment. They were also asked whether they believed that they had been victims of sexual harassment at work. Past research has indicated that people are less likely to report abuse at work if the question is phrased in a subjective manner.

Appeals court finds evidence of wage discrimination

Employers in California can get into legal trouble if they are paying a female employee less than a male employee who performs the same type of work. That's because unequal pay for equal work is considered gender discrimination under Title VII of the Civil Rights Act of 1964. Recently, a federal appeals court concluded that there are other paths to sue for pay discrimination besides unequal pay for equal work.

In the case of Lenzi v. Systemax, Inc., et al., a woman who worked as a vice president executive claimed that she was paid less than male vice president executives at the same company. The case was originally dismissed, however, because the plaintiff could not show evidence that her duties were similar enough to the duties of the higher-paid male executives.

EEOC wins $4.4 million from Uber for sexual harassment victims

Uber Technologies Inc. has been in the eye of the storm over sexual harassment at technology companies in California. After investigating complaints that began arising in 2017, the Equal Employment Opportunity Commission announced that it fined Uber $4.4 million. Investigators determined that the company had allowed a workplace culture that inflicted sexual harassment on female employees and retaliated against workers who complained.

The company has agreed to pay the fine and observe other conditions of the settlement. Uber plans to look for employees who have been accused by co-workers of sexual harassment multiple times. Managers who fail to respond to complaints could also be subject to discipline. The money collected by the EEOC's fine will be divided among people who worked at the company after Jan. 1, 2014, and were the targets of sexual harassment or retaliation.

Chipotle to pay $95,000 to settle sexual harassment claim

The Equal Employment Opportunity Commission has announced that a man who complained about sexual harassment at a California fast-food restaurant will be paid $95,000 in damages and back pay. The federal agency filed a lawsuit on the man's behalf against Chipotle Mexican Grill in 2017. The Newport Beach-based chain has also agreed to hold anti-harassment training sessions at 27 restaurants in the San Jose area, according to the Dec. 3 announcement.

The man claimed in the sexual harassment lawsuit that the female general manager of a San Jose Chipotle restaurant groped him repeatedly and sent him photographs of herself clothed only in lingerie shortly after he was transferred to the location in April 2015. He was 22 years of age at the time of the alleged harassment. He says that he was hired by the fast-food chain after graduating from high school. The lawsuit suggests that the woman treated other male employees in the same way.

Employees can fight back against workplace discrimination

Employees in California continue to face discrimination on the job, despite laws that prohibit the practice at federal, state and local levels. Employers may not discriminate in hiring, promotion or termination on the basis of protected characteristics, which include race, sex, disability, religion, age and in many cases sexual orientation or gender identity. In addition, sexual harassment is also prohibited in the workplace. At the federal level, affected employees must show that their jobs were directly under threat or that they were subject to severe or pervasive conduct, whether a single extreme incident or an ongoing offensive climate.

However, state laws often provide a higher level of protection. The Omnibus Sexual Harassment bill in California provides greater rights for employees subject to sexual harassment on the job. In addition, workers also have the right to be free of retaliation for reporting harassment and discrimination. Despite this, many employees fear making a complaint about this type of misconduct because they worry that their employer will find an excuse to terminate them or demote them to a lower position.

Study says workplace discrimination still prevalent

A survey by online company review site Glassdoor indicates that 61% of employees in California and across the country have experienced or witnessed discriminatory behavior in the workplace. The study included more than 1,100 employees and asked about discrimination that was based on gender, race, LGBTQ identification or age. Nationwide, 42% of those who responded said they had witnessed racism at work, and 45% said they'd witnessed discrimination based on age.

Breaking down the data further, male employees in the U.S. are more likely than female employees to experience or witness discrimination in the workplace. Fifty percent of the men who responded said they'd experienced or witnessed age discrimination, compared to 38% of women. Thirty-eight percent of men said they'd experienced or witnessed discrimination based on LGBTQ identification, compared to only 28% of women. Additionally, younger employees are more likely to have experiences of discriminatory behavior at work, with more than half of workers between 18 and 34 years old saying they've seen gender discrimination occur. For workers aged 55 years or older, that percentage was 29%.

Supreme Court to hear age discrimination case

The outcome of a Supreme Court case coming forward this term could have an impact on how federal workers in California fight back against age discrimination. The Age Discrimination in Employment Act (ADEA), passed in 1967, forbade discrimination on the basis of age for workers. However, appeals courts have split over the definition of actionable age discrimination. Some courts argue that workers must only show that age bias was one contributing factor in a negative decision about employment, promotion, termination or another employment-related decision. It does not need to be the only factor or even the primary one.

On the other hand, other federal appeals courts have ruled that, in order to prevail, workers must show that age discrimination was the determining factor in the negative employment actions they suffered. In a case in which a pharmacist is suing the Department of Veterans Affairs, the Supreme Court will put forward its interpretation of the law. The case involves a female pharmacist over 50 who alleges that she suffered age discrimination as well as retaliation for supporting co-workers' claims of sex discrimination.

Women workers fight discrimination on the job

The definition of sex discrimination has become a significant legal issue in California courts and those across the country. Many federal appeals courts have upheld an understanding of sex discrimination that also prohibits discriminating against LGBT workers on the basis of sexual orientation or gender identity. However, the Trump administration's Justice Department and other legal authorities disagree, and the Supreme Court is hearing several cases on the matter. However, traditional sex discrimination cases continue to reflect major problems experienced by women workers across the country.

High-profile sexual harassment cases in entertainment, politics and technology have drawn some attention to the hardships that women continue to face on the job despite decades of civil rights legislation and many significant cases upholding women's rights at work. However, women may face a wide range of issues that are not limited to unwanted sexual advances at work. Many of these claims never even reach a formal complaint, let alone go to court. Workers who are not represented often fear that they will be subject to retaliation if they complain, and their fears are far from unfounded. Those workers who do pursue claims need to confront changes to the legal process in the past 10 years that put more obstacles in front of employees fighting workplace discrimination.

EEOC sides with workers alleging Facebook job ads discriminate

The U.S. Equal Employment Opportunity Commission has issued a groundbreaking decision concerning complaints of discrimination against employers that used Facebook advertising to discriminate against women and older people. Multiple complaints filed by Facebook users against 66 companies prompted the commission to agree that the demographic targeting system within Facebook advertising tools enabled discrimination against job seekers in California and nationwide.

A lawyer representing plaintiffs in seven of the cases praised the decision of the EEOC because it affirmed that civil rights law applied on digital advertising platforms. The discrimination arose from employers setting parameters for job ads that only displayed the messages on Facebook to users who were men under the age of 55. Filtering out specific demographic segments represented violations of the Civil Rights Act and Age Discrimination in Employment Act. The decision from the EEOC could enable the workers who experienced discrimination to win settlements eventually.

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