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San Francisco Bay Area Employment Law Blog

Workplace discrimination regarding pay remains an issue for women

The Equal Pay Act and Title VII of the Civil Rights Act prohibit employers from paying women less than they pay men for essentially the same job duties. Unfortunately, many women here in California and around the country continue to be victims of workplace discrimination when it comes to pay. Women retain the right to continue fighting this inequality to ensure that they receive equal pay for equal work.

California women who believe that they are being paid less than their male counterparts can start by gathering as much evidence (such as pay stubs, offer letter and job descriptions) as possible. However, be careful not to violate any laws or company rules in gathering such documentation. The Equal Employment Opportunity Commission provides tips on what evidence to gather and how best to gather it.

Connecting a hostile work environment to sexual harassment

Every California employer has the right to work in an environment free from hostility. Any form of harassment, ridicule or insult, along with retaliation is unacceptable under both state and federal law. You might feel as though you are the victim of sexual harassment, but because there are no unwanted sexual advances, inappropriate sexual comments or other gestures made toward you, that you do not have an actionable case.

A harasser might be careful not to overtly engage in activities that would obviously be considered sexual harassment, but that does not mean that he or she is not creating a hostile work environment for you based on your gender, sexual orientation or sex. If you are made to feel uncomfortable by your harasser, which in turn makes it difficult for you to perform your job duties, your employer is bound by law to address the issue once you make it known. If you took your concerns to your employer and nothing was done about it, you might discover that your situation gets worse.

Wrongful termination based on race, color or national origin

Both California state and federal laws strictly prohibit workplace discrimination based on race, skin color and national origin. If you were recently fired and feel that it might be due to one of these traits, you may have been wrongfully terminated and discriminated against. Understand the laws about this issue and what steps to take. 

Discrimination Rules May Be Under Fire In New Administration

Any new presidential administration ushers in changes in policy and prioritizes, requiring people in different sectors and industries to adjust to the changes that will be made by both the federal branch and the legislative branch of government. After President Trump's inauguration in January 2017, many began to speculate that employment discrimination policies may change under this new administration.

An overview of religious discrimination in California

What constitutes religious discrimination in California? How broad are protections for religious employees? A recent settlement of a religious discrimination case regarding drug tests and reasonable accommodations has many Californians asking these questions. Learn about the Equal Employment Opportunity Commission (EEOC), California laws and what constitutes religious discrimination. 

Worker alleges wrongful termination for whistleblowing

Safety should be a priority for every California company. When it fails to be, workers are injured. Workers have the right to report safety deficiencies and hazards without the fear of retaliation or harassment. Unfortunately, some of them become the victims of wrongful termination for blowing the whistle regarding a lack of safety measures, equipment and training.

This is what one man on the East Coast says happened to him. He suffered an on-the-job injury that kept him from returning to work during his recovery. He was placed on disability leave, and his employer assured him that his job would be waiting for him when he recovered and to take the time off. However, while he was out, his employment was terminated.

Alleged workplace discrimination prompt lawsuit against Oracle

California's tech companies work to hire the best and brightest in order to make the advancements in technology that people around the world enjoy. However, they must be careful not to violate workplace discrimination laws in doing so. One of the state's tech companies, Oracle America, is facing a lawsuit filed by the Labor Department -- alleging that its hiring practices do just that.

Oracle has numerous federal contracts, which means that the Office of Federal Contract Compliance Programs has the right to review numerous aspects of the company's operations, including its human resource practices. The agency claims that a review indicated that white men were paid more than others employed by the company, which causes discrimination against non-white male employees. In addition, it favored hiring Asians to fill product development roles and other key tech positions, which causes discrimination against non-Asian applicants.

Breaking news: Sexual harassment claim at Fox News settled

California residents who watch Fox News might already be aware that members of the Fox News team have recently been plagued with numerous accusations of inappropriate behavior. At least three sexual harassment claims surfaced since 2004 and were settled. This number includes the most recent accusations against Bill O'Reilly.

In 2004, a former Fox producer accused O'Reilly of sexual harassment. That claim was settled along with another in Sept. 2015. The most recent accusations were also against O'Reilly. Another broadcaster, Juliet Huddy, claimed that O'Reilly broached the subject of a sexual relationship with her back in 2011. When she rebuffed him, she said that O'Reilly threatened to destroy her career. 

Officer sues one department for wrongful termination from another

Many people here in California and elsewhere become disenchanted with their current employers and take a position with another. That is what one police officer did, and within days of beginning his new job, he was fired. He filed a wrongful termination suit against the department he left because he claimed they made disparaging remarks about him to his new department.

At his former department, pay cuts were being made, equipment officers needed was not purchased or maintained and union benefits were being shifted. That is when he accepted a lateral position with the other department. His former employer attempted to get him to stay, but he refused.

US soldiers of Sikh faith making big changes to conformity rules

In America, both police the military wear uniforms. These serve many purposes, including making members easily identifiable and emphasizing group unity. Uniforms can also have legal importance, as they delineate between combatants who represent governments and those acting independently.

Yes, uniforms are important. The question is, just how uniform do uniforms have to be?

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