Monthly Archives: November 2017

Is Workplace Retaliation Common in California?

According to the Equal Employment Opportunity Commission (EEOC), workplace retaliation is one of the most common charges filed with the agency. In 2016, of the nearly 100,000 claims the EEOC received, over 45 percent were related to workplace retaliation. California took a spot among the top three states with the highest number of claims related to retaliation. Workplace retaliation occurs when an employer punishes an employee for engaging in legally protected activities. Retaliation can take many forms, from demotion to being passed over for promotion to a reduction in salary, even going as far as wrongful termination. But it can be difficult to determine whether an employer has actually committed unlawful retaliation. That is one reason why it is important to discuss your case with an attorney if you believe retaliation has occurred. What Do I Do If I Believe I Have Been the Victim of Workplace Retaliation? It can…
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These Employment Cases Could End Sexual Orientation Discrimination

Is it illegal to discriminate against employees for their sexual orientation in the United States? Different Circuits; Different Rulings The question of sexual orientation discrimination has been answered different ways by different circuit courts. On April 4, 2017, the Seventh Circuit Court of Appeals ruled that Title VII prohibits sexual orientation discrimination, the first appellate court to rule in this way. The court’s reasoning was that treating people differently due to their orientation is tantamount to gender stereotyping, which has been prohibited in the workplace since the Price Waterhouse, Inc. v. Hopkins ruling back in 1989. The Eleventh Circuit, however, ruled differently in the case of Evans v. Georgia Regional Hospital. That case is still making its way through the appellate system. Another case under appeal, Zarda v. Altitude Express, came about after an appellant sued his employer for alleged sexual orientation discrimination. The Second Circuit has agreed to review…
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The EEOC Has a New System for Reporting Discrimination

As of November 1, 2017, the Equal Employment Opportunity Commission (EEOC) has launched a new system for filing and tracking workplace discrimination charges. The system grants individuals a convenient way to file charges online. The system, the EEOC Public Portal, allows those who are considering filing a sexual harassment, glass ceiling/promotion discrimination case or other employment discrimination claim to connect with the EEOC online. You can submit initial inquiries as well as request an intake review with the agency. These steps are generally the first to take toward submitting an employment discrimination claim. Once you file your charge, you can use the portal to keep contact with the EEOC, keep your contact information updated, begin the process of mediation for your claim, upload documents related to your claim and review documents or messages related to the charge. The EEOC hopes that the new system will help the organization respond to…
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