Los Angeles Labor and Employment Articles

How to Handle Non-Sexual Harassment and a Hostile Workplace

Not all harassment is sexual harassment. Although it incredibly pervasive and tends to make headlines, sexual harassment is only one form of illegal behavior that can go on in the workplace. "Harassment" is a blanket term that describes all unwanted conduct that is unlawful, but it is important to understand that not every bad behavior engaged in by an employer qualifies as harassment. While employers are free to be unpleasant, any Los Angeles employment lawyer will tell you that harassing behavior based on a protected status of the employee opens...

More

Wrongful Termination in California

Overview Generally, when an employer unjustly or compulsorily fires or terminates the services of an employee, it is believed that the employee has a claim for wrongful termination against the employer. This is a wrong notion in California. California employment law follows the “at-will” employment doctrine. According to this doctrine, in the absence of an employment contract, an employer may freely terminate an employee despite just cause or an employee may quit one’s job whenever felt, usually without consequence. However, there are numerous exceptions to this doctrine, and if the employee is able to bring his employment termination claim within the purview of any of those exceptions, the employee can have a valid claim against the employer. Grounds for filing a claim As California does not have a direct wrongful termination law, there are various state and Federal law provisions which grant protection to an employee. Under the said...

More

Proving Reverse Discrimination

Reverse discrimination is when a member of a majority, or favored group, claims they were the victim of discrimination at the hands of a member of a minority, or disfavored group. Examples are a white person alleging discrimination by an African American person, or a male alleging discrimination by a female. Reverse discrimination is a controversial topic in the United States because some consider affirmative action policies and racial quotas forms of reverse discrimination. Landmark California Discrimination Case In 1977, a California medical school denied admission to a white applicant, which led to a landmark case in the nation's highest court. Allan Bakke applied to the University of California Davis Medical School. The medical school sought a more diverse racial and ethnic student body, and Bakke was competing for one of only 100 open spots. The school reserved 16 of the open spots for minority applicants in order to address the...

More

What Constitutes Sexual Harassment in California

Six female supermarket employees won a $30 million punitive damages award based on their claim of verbal and physical abuse from a state-wide supermarket chain. The women accused the chain’s director of throwing several items at the women and calling them questionable names. It was the largest sexual harassment verdict that was ever recorded for abuse that stemmed for over a decade at the grocery chain. The lawsuit, however, could have been avoided if the grocery chain took risk management steps. The women had filed several complaints with the chain early on but nothing seemed to change, which caused them to take the drastic step of filing a lawsuit. Early on, a jury awarded the women around $3 million in punitive damages but a new trial was ordered due to juror misconduct. If you are experiencing a situation in the workplace that you think constitutes sexual harassment, contact a Los Angeles sexual harassment attorney today so that your case can be properly...

More