Many California residents believe that hard work and education are the keys to success. While this may be part of the equation, societal tendencies may also play a role in whether an individual has success as a professional. Research has shown that black and Latino individuals have faced bias when it comes to being hired by companies. A study that included researchers from Harvard and Northwestern found that hiring discrimination against black workers hasn't changed in 25 years.
The lawsuit against the employer of a skydiving instructor should pique the interest of people in California concerned about workplace discrimination based on sexual orientation. According to court filings, the employer stands accused of firing the man because of his sexual orientation. The case has gained national attention now that the Department of Justice has filed an amicus brief insisting that Title VII of the Civil Rights Act of 1964 does not protect people from discrimination because of sexual orientation.
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.
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.
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.
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.
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.
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.
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.
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.