The Mirroknian Law Firm, P.C.

Identify and take action against pregnancy discrimination

2020-08-24T20:47:56Z

Pregnant employees have protection through the Pregnancy Discrimination Act. This federal law prevents employers from discriminating against pregnant workers in all aspects of the workplace. Review the characteristics of pregnancy discrimination and actions women can take to combat unfair treatment at work.

Rights under the PDA

The law prohibits any unfavorable treatment of pregnant workers. These employees must receive the same opportunities as nonpregnant workers, including comparable treatment in areas such as:

Health benefits
Sick leave
Vacation
Training opportunities
Firing and layoffs
Promotions and raises
Pay
Job assignments
Hiring

Common forms of pregnancy discrimination

Pregnant women may not realize that certain situations constitute discrimination. Some of the ways employers discriminate against pregnant women include:

Refusing accommodations for temporary pregnancy-related disability, such as alternative work assignments or leave, when other temporarily disabled employees receive these accommodations
Creating a hostile work environment by allowing frequent and unwanted comments about the pregnancy
Failing to hold the job of a pregnant woman who qualifies for maternity leave under the Family and Medical Leave Act
Denying a promotion to, demoting or firing the employee
Reassigning the employee to a different job role without a reason for the change
Excluding the employee from team meetings and limiting the information she receives

The Pregnancy Discrimination Act covers women who work for companies that have 15 or more employees. A pregnant woman who faces discrimination at work only has 180 days after the discriminatory act to file a federal lawsuit. Possible remedies for a successful case include reinstatement, back pay, hiring, promotion, financial damages and punitive damages.

Recognizing age discrimination in the workplace

2020-07-27T20:44:19Z

Over the past two decades, it has become common for Americans to keep working well into their 50s and 60s to support themselves and their families. According to a recent AARP study, the number of workers over age 50 has increased by 80% since 1998, and the number of workers age 65 and over has almost tripled. Unfortunately, even though they often have valuable skills and experience on the job, older employees often face discrimination in the workplace. From unfair hiring or promotion practices to wrongful termination, California workers should know that the law protects workers from age-based employer decisions.

Potential signs of age discrimination

A 2017 AARP study found that 61% of Americans over age 45 said they had seen or experienced age discrimination at work, yet only 3% had reported their experience. Common examples of workplace discrimination that older employees describe include:

Hearing negative or demeaning jokes or comments about their age
Noticing that an employer is hiring only younger workers
Not getting a promotion while younger employees advance
Having their position title eliminated
Being encouraged or forced to retire

In some cases, speaking with a supervisor about discrimination concerns may be enough to resolve the issue. However, if harassment or unfair practices continue, an employee facing potential age discrimination may want to begin keeping a record of comments and actions that support their claim, including relevant emails and a timeline of events.

Laws that protect workers over age 40

Age discrimination is illegal under both federal and state labor laws. The U.S. Age Discrimination in Employment Act and the California Fair Employment and Housing Act prohibit employers from discriminating against job applicants and employees based on age. For many older Americans, continuing to work past the traditional age of retirement is a necessity, not a choice. It is important that workers over age 40 know that the law protects them from biased employment decisions that may keep them from earning needed income.

An overview of California’s whistleblower laws

2020-05-13T21:43:14Z

The False Claims Act came about in 1863 by a Congress concerned that during the Civil War, suppliers of goods to the Union Army were defrauding the government. The act provided that any person who submits false claims is liable for damages plus penalties. Over the years, significant changes to the law increased the amounts of compensations and fines. As part of the act, employees have the right to file a claim. Under section 3730(h), an employee may receive monetary relief if a reprisal from the employer occurs. California took the federal policy and added laws to give more protection to its residents. California whistleblower definition The state of California encourages employees to provide information when they believe their employer is guilty of wrongdoing. California defines the people who file these reports as “whistleblowers.” Retaliation protection As with the federal act, California’s Whistleblower Protection Act provides safety from employers’ retaliation. The law protects:

An employee who gives a law enforcement agency information of a criminal activity
An employee who reports a possible violation of a law or regulation to a supervisor
An employee who reports labor law violations to the Labor Commissioner
A state employee who files a complaint with the California State Auditor’s Office

The state extends protection to the employee from reprisal by a third party acting on behalf of the employer. Claim for damages Employees may file a claim for damages sustained by retaliation. The amount of damages will depend on the case. Damages may include lost wages and benefits, and compensation for mental suffering, physical pain, grief or anxiety. An employee may receive punitive damages to punish the employer if the court finds the employer guilty of oppression, fraud or malice. The Labor Commissioner may also order the employer to rehire or reinstate the employee’s previous position or pay attorney’s fees incurred during the investigation. The employer may also have to pay interest on lost wages.

California increases the time for filing a discrimination lawsuit

2025-06-19T11:34:12Z

The Stop Harassment and Reporting Extension Act increased the time limit for filing a discrimination claim to three years. California legislators passed the supplementary bill to update employment laws prohibiting workplace discrimination and harassment. Before the SHARE act went into effect on January 1, 2020, employees only had one year to file a lawsuit against their employer. California employees now have up to three years to begin a discrimination claim. Two additional years will allow an individual more time to gather evidence to help prove his or her allegations against an employer. A time frame of three years may also help in finding a new job; an employee can then wait to file a claim until after obtaining work from a new employer. The SHARE Act also requires employers to provide harassment training Raising awareness of harassment and discrimination may help prevent labor law violations. The Kern Valley Sun reports that California companies with five or more workers must now implement a training program on harassment. Each employee must receive at least one hour of training related to inappropriate workplace harassment. This may include how derogatory comments, offensive jokes and unwanted touching can create a hostile workplace environment. Employers must take action When an employee brings harassment to the attention of a supervisor, a common defensive response is that an individual "did not know" he or she acted inappropriately. Serial harassers may claim that the comments or actions were the result of their upbringing and assert they intended no harm. Regardless of backgrounds or cultures, an employer must take action to stop any harassment. The law requires an employer to take steps to prevent the development or continuance of a hostile environment. Discrimination is against the law State and federal employment laws prohibit companies from creating or permitting a hostile environment that allows harassment based on age, race, religion or disability. Gender issues such as marital status or pregnancy also fall under the category of discrimination. An employer found in violation of labor laws may face a legal action that includes monetary damages.

Protected classes in federal workplace discrimination laws

2020-10-01T11:19:47Z

Do you suspect that you have received unfair treatment at work because of your age, race, gender or disability? Certain attributes fall into the category of protected classes under federal workplace discrimination law. Explore the types of actions that constitute discrimination and consider whether you may have a case. Age discrimination The Age Discrimination in Employment Act protects workers older than 40 from discrimination. Employers may not consider age when it comes to benefits, training opportunities, layoffs, promotions, firing, hiring, job assignments, pay or other aspects of employment. Workers should not fall victim to harassment because of their ages. Disability discrimination Disabled individuals have protection under the Americans With Disabilities Act. The ADA prohibits unfavorable treatment because of an employee's disability or history of disability. Employers must also provide reasonable accommodations that allow a disabled employee to successfully complete his or her work tasks. Harassment because of a disability is also illegal. Hiring managers cannot ask a candidate about his or her disability during an interview, but only in conjunction with a job offer. Gender discrimination Under the Equal Pay Act, men and women who do the same job and perform the same tasks should receive the same salary. Unfair treatment because of an employee's gender is also illegal. Both men and women can experience sexual harassment, which includes a hostile work environment, unwanted sexual advances and other forms of physical or verbal harassment. Ethnic and racial discrimination Employers may not display unfavorable treatment because of an employee's actual or perceived national origin, skin color or race. Harassment such as making derogatory comments about a person's ethnicity or race is also illegal. The Immigration Reform and Control Act of 1986 prohibits employers from considering immigration status in hiring and firing decisions. The appropriate actions to take in the face of harassment and discrimination depend on your protected class. In most cases, you have to file a complaint with the Equal Employment Opportunity Commission before filing a lawsuit against an employer.

What constitutes a hostile work environment?

2020-01-06T12:59:45Z

Workplace harassment occurs when a person's colleagues or superiors create a hostile, abusive or intimidating work environment. Federal law prohibits this type of harassment when severe, pervasive conduct centers on a protected category such as age over 40, race, sex, pregnancy or religion. If your work performance and mental health have been impacted by a hostile work environment, learn more about whether you may have a harassment case. Types of prohibited conduct The hostile work environment law applies not to minor incidents, but severe and ongoing occurrences that would be considered offensive to a reasonable individual. Examples include racial or ethnic slurs, name-calling, offensive jokes, mockery, insults, physical intimidation or threats, offense images and/or preventing a person from completing his or her work. The perpetrator can be a co-worker, the person's supervisor or another supervisor at the company, a partner or agent of the employer and/or someone at the work location who is not affiliated with the company. Illegal harassment need not result in economic damages and the victim does not have to be the person targeted by the offensive behavior to feel the effects of the hostile work environment. Employer liability If a person experiences loss of wages, lost promotion opportunities and/or termination because of a supervisor's harassment, the employer has automatic liability. However, the company can attempt to prove that it took steps to curtail the harassment and the employee did not take advantage of these corrective measures. When the offender is a customer, independent contractor or co-worker, the company is only liable if the victim can prove that leadership knew about or should have known about the harassment and failed to act. The Equal Opportunity Employment Commission investigates harassment reports on a case-by-case basis. You must file a claim within 180 days of the alleged conduct to pursue a hostile workplace discrimination lawsuit.

What hotel workers should know about E-Verify

2019-11-25T23:44:47Z

The Sherman Oaks area has hundreds of hotels that make great places to work. Whether employed by a multi-national chain, a boutique hotel or a small motel, your employer likely must verify your identity and work authorization when you first start. To do so, your employer completes and retains an I-9 form.  Some U.S. employers choose to participate in the federal government’s mostly voluntary E-Verify program. This program compares information that you provide on your I-9 with Social Security Administration and Department of Homeland Security databases. If there is a problem, your employer must give you an opportunity to fix it. Among other things, your employer may not, however, do the following: Target you  If your employer uses E-Verify, he or she must use it consistently. That is, E-Verification is mandatory for all new hires after an employer executes the program’s memorandum of understanding. An employer who only E-Verifies non-citizens or other members of protected classes likely runs afoul of both federal and state anti-discrimination laws. Require specific documents  When you complete an I-9 form, you have the option of providing any legally acceptable documents. That is, your employer may not specify which documents you must submit. The same is true for E-Verify. If your supervisor, an HR manager or anyone else requires specific documents, he or she may be discriminating against you. Use E-Verify after your employment authorization expires  Employers have an obligation to re-verify employment authorization after temporary authorization expires. To do so, your employer must complete the third section of the I-9. This may happen if you have a visa or an employment authorization card. Your employer may not use E-Verify, though, unless the company has certain types of federal contracts. That is, under most circumstances, E-Verify is only appropriate for newly hired employees. If your employer misuses E-Verify, you may lose your job. Fortunately, you have legal rights. By understanding what constitutes impermissible conduct, you can better plan for asserting them.

Riot Games walkout: the issue with forced arbitration

2019-06-17T05:36:44Z

On Monday, hundreds of workers walked out of Riot Games over the company’s handling of two sex discrimination lawsuits. The company had these discrimination cases moved to a forced arbitration process, citing a clause in their employees’ contracts.

Forced arbitration is a practice that has become increasingly common for employers. In 2018, the Supreme Court ruled that employers have the right to require employees to settle collective disputes in individual arbitration. Here’s why this practice negatively impacts employees.

What is forced arbitration?

In forced arbitration, employees forego their ability to press charges against the company and instead settle all their disputes through an internal process. Employees usually agree to a forced arbitration clause in their contracts. This was the case for the Riot Games employees.

Employee concerns over forced arbitration

The problem that this creates is that the employer decides who the arbitrator is, where to hold the hearings and whether the decision is binding. Many times, an employee may not even know that this clause is in their contract or may not understand the impact of the clause. Arbitration cases, unlike court proceedings, are private and not shared with the public. They also do not need to take legal precedent into consideration.

Furthermore, forced arbitration can be a method to prevent large class-action lawsuits, and force workers to settle their claims in individual cases. This can additionally reduce any leverage employees may have to stop a company from engaging in unethical employment practices.

Fighting forced arbitration

Unfortunately, as the Riot Games incident demonstrates, a company may be able to enforce a forced arbitration clause. The best defense may be to not sign any forced arbitration clauses, if possible.

Not all contracts are legally binding, however. If a judge finds that a contract is invalid, then forcing arbitration may not be allowed, and the case can go to court.

In the Riot Games case, the plaintiffs and their coworkers banded together to walk out over the issue. This prompted the company to issue a statement that they would grant future hires the option to opt-out of the arbitration clause of their employment contract.

If you’re looking for a new job, this case serves as a reminder to check for any forced arbitration clauses in the employment contract. You may want to negotiate with your future employer to remove such clauses before you sign. Remember that even in a forced arbitration process, an employment law attorney may still be able to help you appeal the validity of the contract and get you a favorable outcome.

What reasonable accommodations must California employers offer?

2021-06-21T13:20:04Z

The Americans with Disabilities Act (ADA) is a federal law that protects individuals with disabilities from being discriminated against in the workplace. The California Fair Employment and Housing Act (FEHA) provides added protection for these individuals to ensure that that they're also treated fairly on the job and afforded reasonable accommodation. California employers that have five or more workers on their staff are required to abide by the FEHA, especially as it relates to providing individuals with disabilities with reasonable accommodations. They are required to do this as long as it doesn't create an undue hardship on the business to do so. An employer is expected to provide their disabled worker with an opportunity to work a modified work schedule and to take leave to seek out medical care if needed to comply with FEHA. They're also expected to modify a worker's job duties, including providing them with electrical or mechanical aids and relocating their workspace if necessary. Employers may even have to change a worker's job duties to comply with this state law. The onus falls on the shoulders of an employer to engage their employee in an interactive discussion to better understand how to meet their worker's reasonable accommodation request. Employers are expected to inquire about this if a worker has exhausted their leave. They're expected to do so after being notified of an employee's special needs by a third party as well. Employers who fail to respond to their employee's request for reasonable accommodations may be found to have violated state or federal laws. The California Department of Fair Employment and Housing has made a Request for Reasonable Accommodation packet available to employers to help guide them through how to handle employee requests. They did so in hopes that it would minimize the chance of them being discriminated against, resulting in lawsuits being filed. Legislation like the ADA and FEHA have been drafted to protect the rights of disabled individuals in the workplace. What constitutes a disability or reasonable accommodation have often been fought over in court. Workers who believe that they've been treated unfairly in their Sherman Oaks workplace should consult with a disability discrimination attorney with whom they can discuss the merits of filing a lawsuit in their case.

California laws protect pregnant workers

2020-10-01T11:30:54Z

No woman should have to choose between motherhood and her career. Gone are the days when women raised a family and only men worked outside of the home. In the name of workplace equality, California laws protect pregnant workers and provides certain accommodations to expectant mothers. Pregnancy protections The California Department of Fair Employment and Housing mandates protection for pregnant employees. In California, the law protects “employees against discrimination or harassment because of an employee’s pregnancy, childbirth or any related medical condition [because of pregnancy].” Employers have an obligation to accommodate for pregnant employees, including:

Reasonably accommodating for pregnant employees by altering work duties
Transferring pregnant employees to less strenuous positions if available
Providing reasonable break times and access to a private area to express breast milk

As a pregnant employee, it is your duty to notify your employer in a timely matter that you will need to receive accommodations for your pregnancy. Your employer may also ask you to provide a written note from your doctor, except in cases of a medical emergency. Failure to provide proper notice could lead to your employer justifiably delaying reasonable accommodations and time off. Pregnancy disability leave California law provides for pregnancy disability leave (PDL) for employees who are expecting. With PDL, you can take up to four months off for pregnancy-related illnesses or complications and return to the same or a comparable position when the disability ceases. During PDL, you retain your current health insurance benefits at the same level and under the same conditions as before PDL. PDL is not for an automatically set amount of time, but for however long your health-care provider deems your pregnancy-related disability lasts. Once you notify your employer that you intend to take PDL, upon request your employer must guarantee in writing that you can return to your previous position. You do not have to take your PDL all at once. Rather, you can take it on an as-needed basis. Depending on your employer’s policies, you may or may not get pay during your PDL. Your employer may require you to use your sick days for PDL or you may choose to do so. Reasons for taking PDL may include the following:

Time for medical appointments
Doctor-ordered bed rest
Morning sickness
Gestational diabetes
Pregnancy-induced hypertension
Preeclampsia
Recovery from childbirth or loss of pregnancy
Postpartum depression

Seeking help If your employer denies you PDL or other accommodations for your pregnancy, they may be acting unlawfully. Workplace protections during pregnancy are your right. If you feel your rights have been violated, you may wish to speak to an attorney who can help you get the fair compensation you deserve.