Category: Discrimination

EMPLOYMENT LAW: The Effect of Arizona Law on Discrimination Issues

May 31

Los Angeles LawyerDiscrimination, Employment Law California Employment Law Attorneys, discrimination in the workplace, Employment Law No Comments

The US Supreme Court has recently voted 5-3 (Chamber of Commerce v. Whiting) which upheld an Arizona law that penalizes employers who “unknowingly” hires unauthorized foreign workers.

According to the High Court, the federal immigration law “does not pre-empt the Arizona statute”, specifically the Legal Arizona Workers Act which says that “the state can revoke the licenses of businesses that intentionally hire illegal aliens”. In addition to this, the Court also upheld the provision requiring companies to use the federal E-Verify system to check the immigration status of job applicants.

How will this affect workers and employees?

According to workers’ rights groups, the Arizona law encourages ethnic stereotyping and discrimination in the workplace, which will result in rejection for a job applicant so that an employer can avoid state sanctions or out of fear that he may be hiring an illegal worker. Or will this result into further stereotyping of workers who are suspected to be working illegally?

Fisher Nut Company to Pay $150,000 in Retaliation Lawsuit Settlement

May 11

Los Angeles LawyerDiscrimination, Employment Law, whistleblower law employment discrimination, retaliation lawsuit, whistleblowing No Comments

When an employer or a supervisor wants to retaliate, there’s nothing that’s going to hold them back and keep them from making trumped up charges or irrational warnings, like in the case filed against Fisher Nut Company for retaliation where one employee was even reprimanded for “laughing during the course of the work day”.

A retaliation lawsuit was against the California-based almond-processing company by the Equal Employment Opportunity Commission (EEOC) after it discovered that a group of Latina employees were subjected to unfavorable actions and retaliation because they participated in an informal meeting.

Department Store Chain Sued by EEOC for Retaliation and Discrimination

May 02

Los Angeles LawyerDiscrimination, Employment Law harassment, racial discrimination, retaliation No Comments

A major department store chain in Houston is being sued by the Equal Employment Opportunity Commission (EEOC) for retaliation after it fired an employee who complained about discrimination for alleged “excessive absenteeism”.

Dillard’s store in Port Arthur’s Central Mall employed Shontel Mayfield as the business manager of Estee Lauder’s counter. According to the lawsuit, when Mayfield complied with Jefferson County’s mandatory evacuation order because of Hurricane Ike, she was told when she returned to work on September 24 that her employment is being terminated because of her absences. She was accused of failing to maintain verbal communication to explain her absences to either the store manager or operations manager.

Sam’s Club in Fresno to Pay $440,000 for National Origin Discrimination & Harassment

Apr 17

Los Angeles LawyerDiscrimination, Employment Law, national origin discrimination national origin discrimination No Comments

In Fresno, a wholesale chain store owned and operated by Walmart has agreed to pay $440,000 in order to settle a national origin harassment lawsuit filed by the Equal Employment Opportunity Commission (EEOC) in behalf of at least 9 Hispanic employees.

According to the EEOC, nine Sam’s Club employees of Mexican descent along with another worker who was married to a Mexican were subjected to ethnic slurs and derogatory remarks by a co-worker who is Mexican-American. The victims and the harasser were all working in the demonstration department and the harassment began as far back as 2005 wherein the victims were insulted, called derogatory names, and were told that they were only good for cleaning homes. The female harasser also threatened to report 3 of the victims to immigration authorities despite their legal status.

Teen Farm Worker to be Paid $20,000 after Sexual Harassment and Retaliation

Apr 11

Los Angeles LawyerDiscrimination, Employment Law, Sexual Harrassment Discrimination, employment law violation, retaliation, sexual harassment No Comments

Sexual harassment is prohibited under Title VII of the Civil Rights Act of 1964 and under the same law, it is considered as illegal to retaliate against an employee because he or she complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

Some of the most vulnerable employees to sexual harassment and retaliation are young workers, especially those who are working in the agricultural industry.

In Los Angeles, a sexual harassment and retaliation lawsuit filed by Equal Employment Opportunity Commission against the Adams Brothers Farming, Inc. was recently settled. A teen Latina, who worked as a vegetable packer for the farm in Santa Maria, California, will be paid $20,000 in monetary relief, after she was sexually harassed by her supervisor and fired within 2 weeks after her complaint.

Former Manager Sues Southern California Edison for Retaliation

Mar 31

Los Angeles LawyerDiscrimination, Employment Law, Wrongful Termination Discrimination, los angeles employment lawyers, whistleblowers, wrongful termination No Comments

Under the law, it is illegal for employers to fire, demote, harass, or otherwise “retaliate” against employees or applicants for filing or participating in a discrimination complaint, exercising their rights (ex. asking for reasonable accommodation for a disability), or for engaging in a protected activity relating to workplace safety and health.

There are several laws that prohibit retaliation against these brave employees or applicants who are generally referred to as whistleblowers. Despite the presence of these laws, there are still employers who willfully and maliciously retaliate against whistleblowers.

Take for example, a recent lawsuit filed by the former manager of Southern California Edison, who claimed he was fired for reporting safety concerns at the San Onofre Nuclear Generating Station to the U.S. Nuclear Regulatory Commission (NRC) inspector.

Supreme Court to Decide Gender Discrimination Lawsuit against Wal-Mart

Mar 29

Los Angeles LawyerDiscrimination, Employment Law gender discrimination, sex discrimination lawsuit No Comments

Wal-mart may be the country’s largest non-government employer and is the 2nd richest corporation as listed in the Forbes 500 but all that money isn’t really going anywhere, least of all, to the pay of their female employees.

A 7-year sex discrimination lawsuit has been pending since a judge in California allowed 6 former employees to represent around 1.6 million female employees with similar complaints in what would be the largest class action lawsuit in history – but naturally, Wal-mart appealed, and all the way to the Supreme Court.

The decision is still pending but the corporation has argued that it is “too big to be sued.” But as alleged in the case of Dukes v. Walmart, figures clearly show that the “pattern and practice” of gender discrimination at work and that back pay and promotions should be awarded to the company’s female employees.