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June 2017 Archives

Former McDonald's employee files discrimination claim

California workers may be interested to learn that a former McDonald's employee filed a lawsuit claiming that she was subjected to discrimination and was sexually harassed because she is transgender. The defendants are the company as well as the owner of the franchise located in Redford, Michigan.

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.

Appeals court allows man's sexual harassment claim to proceed

Although many people in California tend to associate sexual harassment claims with female employees, the law applies to both genders. A recent case of a male mechanic who allegedly lost his job for declining the sexual advances of a female shareholder in the trucking company that employed him illustrates how the problem can upset the careers of either gender. Initially, a district court dismissed the man's case because the complaint prepared by the Equal Employment Opportunity Commission failed to properly specify whether he had experienced a hostile work environment or quid pro quo harassment.

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