Category Archives: Harassment

Harassment at work is unlawful, and employers are liable for harassment based on race or religion as well as sexual harassment.

How Can I Spot Immigrant Harassment at My Workplace?

Under federal law, it is illegal to discriminate against any employee, regardless of his or her immigration status. The Immigration and Nationality Act, or INA, disallows discrimination based on citizenship status. There are many employment terms related to immigrant status of workers at any workplace, so it’s important to know how immigrants face harassment and discrimination in their workplace environment. What Are the Different Immigration Terms in Relation to Harassment? Immigrants can either be labeled as undocumented, illegal, or legal immigrants in their place of work. An undocumented worker is a foreign-born person who is not a permanent resident and is not a U.S. citizen. Undocumented immigrants usually are people whose immigration status is not yet resolved. These types of immigrants usually face a lot of racial and sexual discrimination at their job. They might find that they can’t defend themselves because of their vulnerable and fragile work position, so…
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Is It Workplace Bullying or Sexual Harassment?

Are there legal differences between workplace bullying and sexual harassment? Workplace bullying is not explicitly illegal in California. However, employers in California who have 50 or more employees are required to provide training to supervisors every two years that includes training on prevention of workplace bullying. But if workplace bullying crosses a line into workplace harassment, then you may have a legal right to compensation. Under the California Fair Employment and Housing Act (FEHA), employees have a legal right to be free from workplace harassment on the basis of the following protected traits: Race Religion Color Ancestry National origin Disability, whether physical or mental Mental condition or genetic information Marital status Sex Gender, gender identity and gender expression Age Sexual orientation Military/veteran status So, depending on the type of bullying that occurs, it is very easy for a coworker or other employee to cross the line from workplace bullying 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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