Los Angeles Employment Law Firm Blog - Legal News and Topics

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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Can an NDA Prevent Me from Suing for Sexual Harassment at Work?

Does signing a non-disclosure agreement prevent you from filing a sexual harassment claim against your employer? Questions regarding employee rights relating to sexual harassment have been a big news item ever since a cascade of sexual assault allegations began with those against film executive Harvey Weinstein. That scandal continues to simmer, with other Hollywood giants including Ben Affleck and Kevin Spacey facing their own allegations. Employers are allowed to use agreements such as non-disclosure agreements (NDAs) to limit legal claims. However, some rights cannot be signed away, and businesses that attempt to severely limit your rights can run the risk of these agreements being deemed unenforceable. Not only that, but employers could then attract attention from state and federal agencies which can lead to further invalidation of employee agreements. This can lead to administrative penalties. In the Weinstein cases, an investigation uncovered that many of the accusers signed NDAs and…
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