Los Angeles Top Attorneys Blog: (310) 826-6300 » Employment Law

Los Angeles Fire Department to Pay Approximately $500,000 to Settle Sexual Harassment

Los Angeles Lawyer — Thu, 02 Feb 2012 22:04:01 +0000

The Los Angeles Fire Department is about to pay nearly $500,000 to settle a sexual harassment lawsuit filed by one of its employees at the Equal Employment Opportunity Commission (EEOC).

For twenty-six long years, Anthony Almeida served the community of Los Angeles under the Los Angeles Fire Department. In 2007, he filed a sexual harassment lawsuit at the EEOC against the Fire Department.

In his lawsuit, Almeida stated how his fellow worker mocked him, used explicit words and called him sexual nicknames after they learned about the sexual abuse that Almeida suffered from a Catholic Church.

Despite Almeida’s repeated complaint to the management of the said Fire Department, all his efforts were proved null and vain. During their investigation regarding Almeida’s complaint, the EEOC found out that the Fire Department failed to sufficiently accommodate the complaints

It was proven in the lawsuit that the Fire Department violated the Title VII of the Civil Rights Act of 1964. The EEOC found a reasonable cause to believe that a violation of the law occurred.

To avoid further litigations, the Fire Department has agreed to enter a three-year conciliation agreement with the EEOC and Almeida, who is represented by his private lawyer.

Many people do not understand what comprises sexual harassment. In truth and in fact, apart from unwanted touching and comments, sexual harassment and discrimination also include dubious images display, sexual nature comments and gesture even though not totally directed to a person but are made in their presence.

In Almeida’s case, he made a wise decision by securing his own private defender in addition to the protection provided by the EEOC. Having the EEOC which provides extensive protection against harassments and discrimination for all types of employees and having Los Angeles lawyers who have dealt with hundreds of such cases of sexual harassment is a good combination.

New York State Government Cracks Down Compensation Scammers

Los Angeles Lawyer — Wed, 14 Dec 2011 22:18:30 +0000

Over the previous weeks, the State Government of New York has arrested 18 people who have been charged with workers’ compensation fraud.

A worker’s compensation fraud is a crime and a civil violation which mainly affects the consumers and businesses in many ways. It is actually considered as a serious crime by the New York State Department of Financial Services. Common victims of such deceitful practice are the honest business owners and tax payers who are forced to carry the burden of higher premiums.

Imagine a tax payer or an insurer is required to make up for every dollar paid out because of insurance fraud with a corresponding increase in premiums. Because of that, the cost of doing business in his or her state also increases. Business growth and success are being discouraged in this system.

To crack down compensation fraud, the Office of the Inspector General of the New York State Worker’s Compensation Board, the New York State Insurance Fund and other insurers headed by the New York Department of Financial Services, conducted a joint-investigation.

As a result of the said investigation, 18 compensation fraud artists were arrested. The investigation also found out that those arrested individuals are currently working while receiving worker’s compensation claim.

Definitely, those arrested compensation scammers have never expected that there will come a time that they will be under investigation for the compensation claim that they are currently receiving.

Sometimes life is unfair. Come to think of it, there are thousands of poor people who are permanently disabled out there who cannot be able to obtain such benefits; while those fraud artists are capable of working are constantly receiving the compensation claim that they don’t deserve. Meanwhile, tax payers and insurers are doing their best to pay for the high premium taxes while scammers are just freely enjoying their earned money.

Bravo to the agencies behind the successful –joint-investigation done to eliminate compensation frauds. They’ve done a good job.

President Obama Racial Discrimination in Employment Cases Still High

Los Angeles Lawyer — Mon, 17 Oct 2011 18:57:53 +0000

“Darkness cannot drive out darkness, only light can do that. Hate cannot drive out hate, only love can do that.” – Martin Luther King, Jr.

Martin Luther King, Jr., the well-known leader in the African-American Civil Rights Movement, has been immortalized as President Barrack Obama inaugurated the civil rights leader’s granite memorial statue Sunday at the West Potomac Park in Washington, D.C.

King is widely recognized as one of the prominent figures of initiatives to end racial segregation and racial discrimination in the United States in 1960s. His efforts were realized when the Civil Rights Act of 1964 was enacted.

Although King’s influence is being felt so much in today’s society, still many employers commit racial discrimination in the workplace. According to the US Equal Employment Opportunity Commission (EEOC), in 2010 alone, the agency has received nearly 35,890 racial discrimination complaints nationwide.

Pursuant to Title VII of the Civil Rights Act of 1964, it is unlawful for employers to discriminate against employees and/or applicants based on their race or color. In California, Title VII is supported by a state law, the Fair Employment and Housing Act (FEHA), in eliminating racial discrimination practices in the workplace. However, despite implementations of the said laws, discrimination is still prevalent in the workplace around the country.

California employers who will be proven to have violated the Title VII or FEHA, may face legal charges or may be penalized and be asked to compensate the employee for back pay, and economic and non-economic damages.

For more information about racial discrimination in the workplace, you may consult with a Los Angeles employment attorney. Your lawyer will guide you throughout the litigation process. You may dial our toll free number at 1-866-772-2889, or email us at info@mesriani.com for free case analysis.

Employment Background Checks: What’s Illegal and what’s not

Los Angeles Lawyer — Mon, 19 Sep 2011 19:17:09 +0000

Employers generally conduct background checks on potential recruits and job applicants. There are several ways how employers can obtain information about an applicant. They can use public records to make a background investigation on an applicant.

However, some states prohibit access to certain information or public records that employers can use in hiring decisions. Although information of public record is commonly not restricted, the use of certain public records in hiring decisions may be prohibited.

Just recently, the California State Senate has passed a law prohibiting the use of credit information or credit checks on job applicants. The law-making body argued that credit checks do not actually provide employers with information or reasons on a person’s poor credit rating. As a result, the state Senate banned it use.
The bill is now with the state Assembly for final approval.

In some states, some of the other types of records prohibited to use by employers include the following:
• Criminal records
• Educational records – although college transcripts are relevant to a job application, they can only be obtained with applicant’s consent
• Military records are considered confidential under the federal Privacy Act
• Bankruptcy filing records
• Medical records
• Workers’ compensation are public records but may be used only if it is relevant to the specific duties of the job.

To help you with employment issues in hiring and other employment-related disputes, consult with experienced Los Angeles employment and labor law attorneys. Call us at 1-866-325-4529 or email us at info@mesriani.com for a free case analysis.

Unlawful and Uncaring Employer Practice Ends in Pregnancy Discrimination Lawsuit

Los Angeles Lawyer — Thu, 01 Sep 2011 20:50:58 +0000

Being pregnant is difficult enough but being unfairly treated while pregnant is twice as hard.

In a recent case involving a female employee, the Equal Employment Opportunity Commission (EEOC) charged her employer, a Washington DC-based government contractor, with violations of the Pregnancy Discrimination Act (PDA), an amendment to Title VII of the Civil Rights Act (1964) and the Americans with Disabilities Act (ADA) for unfair treatment of its pregnant employees.

The lawsuit was filed after the federal agency found that violations were committed when the company promulgated its corporate maternity policy, which imposed greater burdens on pregnant women than those imposed on other employees who have similar abilities. According to the EEOC, the company violated these federal laws because it enforced and mandated in its policy the suspension of pregnant women unless they submit a medical release and required them to submit to mandatory medical examinations that are not job-related or consistent with business needs.

Based on the lawsuit, the following specific unlawful acts were committed against the victim:

• The employee was suspended and repeatedly forced to obtain “fitness for duty” clearances
• The employee was harassed and subjected to unwelcome remarks
• The employee was threatened with termination

Further, the employee was denied maternity leave and refused admission to return to work despite having a medical clearance after giving birth. Worst of all, she was subjected to scrutiny and discipline in retaliation for complaining about the discrimination acts and the unlawful medical examinations.

Under both federal and state laws, discrimination and other unfair workplace treatment of pregnant women are illegal and have corresponding penalties. It seems unimaginable to think that some employers would

If you are a pregnancy discrimination victim or a victim of other discriminatory acts based on age, gender, religion, disability, national origin or race, you can consult with our expert Los Angeles employment and labor law attorneys. Call us at 1-866-325-4529 or email us at info@mesriani.com for a free case analysis.

Disability Discrimination, Retaliation and other Employment Claims

Los Angeles Lawyer — Sat, 20 Aug 2011 04:42:46 +0000

Disability is often determined on a case to case basis. Based on Americans with Disabilities Act (ADA) definition, to be considered disabled, one must be substantially limited by his condition or disability and because of this, the employee cannot work or unable to perform his duties in a broad range of jobs. However, a disability that only affects an employee’s ability to perform a few specific jobs is not covered by the ADA definition.

Therefore, an employee cannot be presumed disabled unless his condition is evaluated and certified by a doctor. Similarly, it is illegal for an employer to simply say that an employee is disabled based on certain assumptions or allegations.

Just as the case of a Milwaukee-based metal manufacturing company who reportedly fired a female employee who was suffering from migraine headaches after she incurred two consecutive days of absence. The employee confirmed she had migraines but the company regarded it as seizure.

The EEOC filed a disability discrimination lawsuit against the company, including retaliation charges for unlawfully dismissing the employee. The agency said the termination violates the Americans with Disabilities Act, which protects employees from discrimination based on real or perceived disabilities.

A worker who experiences discrimination and harassment in the workplace has to go though a several traumatic experiences while at work. He may be subjected to unfair treatment, derogatory remarks and physical and verbal abuse, among others.

To get yourself

If you are a victim of discrimination and harassment in the workplace, you can consult with our skilled Los Angeles employment and labor law attorneys. Call us 1-866-325-4529 or email us at info@mesriani.com for a free case analysis.

Derogatory Remarks as a Form of Sexual Harassment and Retaliation

Los Angeles Lawyer — Thu, 18 Aug 2011 20:51:10 +0000

Sexual harassment is a form of sex discrimination which, under Title VII of the Civil Rights Act of 1964 and according to the Equal Employment Opportunity Commission (EEOC), may include the following acts:

• unwelcome sexual advances
• requests for sexual favors
• other verbal or physical conduct of sexual nature

All these acts “ constitute sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance or creates an intimidating, hostile or offensive work environment.”

Can derogatory and offensive sexual remarks be counted as an act of sexual harassment?
Definitely – as it falls under the category of verbal and physical conduct of sexual nature based on the EEOC definition.

Similarly, this is what occurred when DynCorp International, a private military contractor and aircraft maintenance company, was sued after it allegedly subjected to a male employee to a hostile work environment based on his sex, and by transferring him after he complained.

According to the lawsuit, the harassment included daily derogatory sex-based comments with accusations that the employee is gay and engaging in homosexual acts despite knowing that the employee is married and is not gay.
When the worker complained about this unwelcome and offensive conduct, he was transferred to another site.
The worker therefore filed a lawsuit through the EEOC.

If you believe you are a victim of discrimination and harassment in the workplace, consult with our experienced Los Angeles employment and labor law attorneys. Call our toll free number at 1-866-772-2889 or email us at info@mesriani.com for a free case analysis.

New Methods to Detect Employment Discrimination

Los Angeles Lawyer — Thu, 11 Aug 2011 05:58:59 +0000

Can erring employers escape prosecution for their discriminatory policies? Not anymore.

The announcement by the US Department of Labor on its plan to develop a new data that will be used to analyzed information regarding salaries, wages and other benefits received by employees of federal contractors and subcontractors is welcome news to everyone.

The agency said the new tool will help them gather data to detect discrepancies which are often indicators of discrimination such as disparity in pay faced by female and minority workers.

According to the statement, the department’s Office of Federal Contract Compliance Program will take charge of enforcing the law as mandated by Executive Order 11246, which prohibits companies that do business with the federal government from discriminating in employment practices including compensation, on the basis of sex, race, color, national origin or religion.

If this is not enough to deter some employers for allowing this, there is the federal Equal Pay Act (EPA) which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination.
Bureau of Labor statistics report that women were only paid an average of 77 cents for every dollar paid to men in 2010. In addition to this gender gap, race and ethnicity-based pay gaps are also prevalent, which affects workers of color including men.

To bring a claim under the EPA, the employee must only show the following:

• A man and a woman
• Working at the same place
• Doing substantially the same job (equal work) but receiving unequal pay

If you are a victim of pay discrimination in the workplace, you can consult with our experienced Los Angeles employment law attorneys. Call us 1-866-772-2889 or email us at info@mesriani.com for a free case analysis.

New Improved Measures for Whistleblowers to be Implemented

Los Angeles Lawyer — Tue, 02 Aug 2011 06:14:13 +0000

The announcement by the federal Occupational Safety and Health Administration (OSHA) about the implementation of additional measures on Whistleblower Protection Program is welcome news for workers around the country.

According to a press statement released on its website, the additional measures were created to further protect the rights of workers to speak out their legal rights without fear of retaliation.

Among the measures added to the list involved the following:

The significant changes to the Whistleblower Protection Program announced by OSHA include:

• Restructuring – This means the agency has added new investigator and changes in the field structure giving them the power to report directly to the assistant secretary of being housed in the Directorate of Enforcement.

• Training – OSHA will offer more investigator training courses and ensure that all investigators and supervisors have received the mandatory courses as prescribed by law

• Program policy – OSHA has revised and issues a new edition of the Whistleblower Investigations Manual to make updates on current procedures and provide guidance on the enforcement program of the agency

• Internal system – the agency will implement a new data collection system to ensure that complaints are handles properly on a timely basis

At present, OSHA enforces the whistleblower provisions of 21 statutes involving violations of various issues such as workplace safety, airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health care reform, nuclear, pipeline, public transportation agency, railroad, maritime and securities laws, among others.

To help file a lawsuit for violations of whistle-blowing laws and other employment disputes, consult with our experienced Los Angeles employment and labor law attorneys. Call us at 1-866-772-2889 or email us at eas@mesriani.com for a free case analysis.

Identifying Signs of Sexual Harassment: 6 Facts

Los Angeles Lawyer — Wed, 27 Jul 2011 03:53:52 +0000

When does an act or gesture become an act of harassment? What constitutes sexual harassment?

Among the countless cases of sexual harassment cases in the workplace, one was recently brought by Equal Employment Opportunity Commission (EEOC) against a Michigan-based employer and Burger King Franchise owner for sexual harassment and retaliation.

According to the federal lawsuit, filed in the US District Court for the Eastern District of Michigan, TSW Management, Inc. had violated Title VII when it subjected a group of female employees, including minors, to sexual harassment and retaliation.

Based on the record, one of TSW’s managers harassed the employees which acts included “lewd comments, unwanted touching and proposals for sexual relations”. It was further worsened when the manager retaliated against those who complained by reducing their work hours or altering their paychecks. One of the employees was even terminated from work for insubordination.

There are several ways on how employers can prevent sexual harassment acts in the workplace and avoid the escalation of issues from becoming a full-blown lawsuit.

One way is to identify some signs or facts that could lead to potential sexual harassment suit.
Here are the six facts on sexual harassment in the workplace:

• The Victim and the harasser. Both victim and harasser in a sexual harassment case can be a man or woman, although the victim does not have to be of the opposite sex
• The harasser can be the victim’s supervisor, a colleague or co-worker or a non-employee
• The victim does not have to be person being harassed, but anyone affected by the offensive conduct.
• It may occur even without economic injury or even without the victim being discharged from his/her job
• To be considered sexual harassment, the harasser’s conduct must be unwelcome
• Sexual harassment acts may include unwelcome sexual advances, requests for sexual favors, physical or verbal conduct of sexual nature that may affect an individual’s employment, interfere with work or performance, and create hostile or intimidating work environment.

Victims of sexual harassment or other employment disputes can consult with our experienced Los Angeles employment attorneys. Call us at 1-866-772-2889 or email us at eas@mesriani.com for a free case analysis.