Oakland Employment Law Blog

When women in California face discrimination on the job, the financial impact may be immediately visible. Women may not be hired for jobs, they may face termination more quickly, or they may lose out on promotions for which they were qualified. This can quickly add up to thousands of dollars lost due to gender discrimination. However, there are other serious effects that can accompany workplace discrimination. Many victims' mental and even physical health may suffer, especially if they deal with stress due to retaliation or complaints that are not taken seriously by their employers.

The health effects of workplace discrimination also may affect people differently depending on their wealth and social position. According to various studies, around 10% of American women reported experiencing or witnessing gender discrimination on the job. However, while 13% of women with masters' or doctoral degrees reported mistreatment or sexual harassment, only 7% of women with less than a high school diploma reported the same. There may be a number of reasons for the disparity. Women with less formal education may be more likely to be employed in primarily female, caregiving-type positions, while women with higher education may be more likely to work in male-dominated industries.

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.

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.

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.