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workplace discrimination Archives

How back pay damages are determined

Some California employees who are involved in a dispute with their employer over workplace discrimination might have heard of back pay damages. Back pay damages are the amount an employer may be required to pay to cover an employee's economic losses. This may include both income and fringe benefits. Back pay damages may be awarded in several types of successful discrimination suits.

Executives often lack protection from discrimination

Workplace discrimination suits face legal hurdles when the plaintiff is a high-level executive or a partner at a California firm. To qualify for protection from discrimination under Title VII of the 1964 Civil Rights Act, a person must be an employee instead of an employer. For people who hold positions of authority and power, the law might classify them as employers.

Settlement reaffirms civil rights law protects immigrants

A discrimination case against a national restaurant chain ended in a settlement with the business paying a hefty fine and establishing a fund for workers who suffered adverse effects. California-based Panda Express, which has an estimated 30,000 workers across the nation, ran afoul of the Immigration and Nationality Act when it asked workers for certain documents and put them through procedures that citizens were not subject to.

Race discrimination in the workplace, Title VII and Section 1981

A California employee that is the victim of racial discrimination on the job is protected under both Title VII of the Civil Rights Act and another law, Section 1981. Therefore, when filing an employment discrimination claim, it is important that a person does so under the right law. Section 1981 applies only to racial and ethnic harassment, and Title VII deals with discrimination against several protected classes.

Similarly situated employees important in discrimination cases

California residents who are contemplating employment discrimination actions should consider the importance of similarly situated employees. It is likely in any employment discrimination case brought in federal court that the judge will compare the treatment of the plaintiff to the treatment of other similarly situated employees of the company. The definition of who, exactly, qualifies as a similarly situated employee may vary widely from case to case, but there are certain factors that a judge will commonly consider.

50 years of age discrimination legislation

California residents who are at or over the age of 40 are protected from age discrimination in employment by federal law. However, according to data from the Equal Employment Opportunity Commission, age discrimination claims have remained high. They peaked in 2008 at more than 24,000, and each year for the past 10, there have been more than 20,000 claims. In 2016, there were 20,857.

Explaining constructive discharge

Most Californians likely understand that it is illegal for employers to discriminate against workers who are members of protected classes or who have engaged in protected activities. When employers discriminate and the workers file discrimination claims, the employers are prohibited from retaliating against them.

Signs of possible age discrimination by employers

If a California job seeker over the age of 40 does not get a position that he or she applied for, it could be the result of discrimination. The Age Discrimination in Employment Act makes it illegal to discriminate against a worker over the age of 40 based on his or her age. However, it may be difficult to prove that a company passed on a person because he or she was deemed to be too old.

Female doctors claim discrimination at work

A study conducted by researchers at the University of California, San Francisco found that four out of five female physicians had experienced discrimination at work. Researchers asked members of an online community called the Physicians Moms Group about their mental and physical health as well as their experiences at work. Of the almost 6,000 women who responded, roughly 78 percent said that they had experienced some form of workplace discrimination.

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