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November 2017 Archives

Sexual harassment may be tough to prove

California residents and others may have noticed the public discussion surrounding sexual harassment in American society. Despite the recent media attention, only 3 to 6 percent of sexual harassment cases filed by employees actually make it to trial. This is partially because the standard for a case to rise to sexual harassment is high. According to the Supreme Court, harassment must be severe or pervasive to qualify as harassment.

Job protection and accommodation rights for pregnant employees

Federal laws protect people in California from workplace discrimination during a pregnancy or illness. The Pregnancy Discrimination Act applies to organizations that employ 15 or more people. The law requires employers to treat pregnant employees the same as other people in regards to firing, hiring and promotion eligibility.

Congress decides to require sexual harassment training

Growing concerns about sexual harassment in the workplace in California and nationwide have reached the nation's capital. The U.S. House of Representatives and Senate have both chosen to create training policies that teach elected officials and their staff members how to prevent harassment and discrimination.

The importance of taking steps to prevent sexual harassment

Some California employers may wrongly believe that sexual harassment would never happen in their companies. As recent news reports demonstrate, sexual harassment can happen in any industry. It is important for businesses to take steps to help to prevent people from being harassed at their companies and to end harassment that they discover.

Why doesn't HR always take sexual harassment claims seriously?

The wave of accusations against powerful show business figures, politicians and others that followed the downfall of movie producer Harvey Weinstein has put the issue of sexual harassment in the workplace at the top of the news cycle. It's a time for all of us to consider how unwelcome sexual comments, demands for sex, groping and more have hurt American workers, especially women, for decades.

Lawsuit accuses Uber of discriminatery work practices

The California-based ride-sharing company Uber has been accused of gender and race-based workplace discrimination in a lawsuit. The litigation was filed by three Latina software engineers in San Francisco on Oct. 24. Reports indicate that the three engineers brought their concerns to the attention of the California Labor and Workforce Development Agency before seeking civil remedies.

Dealing with harassment when HR does nothing

If a worker in California or elsewhere is being harassed, it may be possible to go to HR to resolve the issue. However, HR doesn't always have the best interests of an employee in mind when dealing with such issues. In some cases, employees may not even know who to talk with or be able to locate that person in a timely or convenient manner.

Female producer files sexual harassment suit

A segment producer who worked on a couple of major reality shows recently filed a suit against five producers, a production company and Warner Bros., alleging that she was harassed in a sexual manner while on the job. Sexual harassment is illegal in the Bay Area. For this reason, those who are victims of it in California have the right to seek justice through the civil court system.

Qualifying for medical leave from your job

Whether it happens to you or a close family member, a sudden medical emergency can turn your world upside down. It can force you to stop working for weeks or months, either as the patient or the primary caretaker. At the same time, you should not have to quit your job or risk getting fired because of a family emergency.

Whistleblowers in Bay Area protected by law

A public safety worker with a public school district in another state recently claimed that he was retaliated against in the workplace for speaking up about corruption in his department. He has therefore filed a whistleblower lawsuit against the organization. Whistleblowers in the Bay Area have the right to seek justice if demoted, terminated or otherwise retaliated against after reporting wrongdoing in their companies.

Legal issues surrounding spousal jealousy

Imagine a situation in which the wife of a company president doesn't want her husband working with female employees. It led one female employee to experience disparate treatment on the job in addition to termination from her job at a forklift dealer. California employees should know that this isn't necessarily a clear case of sex discrimination. In some cases, spousal jealousy can actually be a lawful reason for firing someone.

Sexual harassment suit filed against city and mayor

A city and mayor in another state are the subjects of a recent lawsuit filed in federal court that alleges harassment on the basis of sex. According to the woman who filed the suit, she faced sexual harassment after requesting a longer shift. Anybody in the Bay Area who faces this type of harassment in the workplace has the right to seek to hold his or her alleged harasser accountable.

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