Employers in California and around the country are expected to comply with all state and federal civil rights laws, and workers who feel that they have been treated unfairly based on their gender, national origin, religion or race can file complaints with the Equal Employment Opportunity Commission. One such complaint was submitted recently by a former member of the New Orleans Saints cheerleading squad who claims that she was required to follow highly restrictive rules that did not apply to the male players.
Court rules transgender workers protected against discrimination
California employees who identify as transgender may be interested to learn that on March 7, a federal judge ruled that a Detroit funeral home that terminated a funeral director for transitioning violated Title VII of the Civil Rights Act of 1964. This decision extends the protections of Title VII. This law already prevented employers from discriminating against employees on the basis of religion, race, sex or national origin.
Wrongful termination in an at-will employment state
California is one of the few states that has what is known as a "covenant of good faith" exception to the at-will employment arrangement that is the law in every state except Montana. At-will employment means that either party can end the relationship at any time with no notice and for any reason. However, employees are still protected from wrongful termination.
Women in male-dominated jobs report more harassment, discrimination
While American women have made great strides in integrating various industries in the past 50 years, there are still many workplaces dominated by men. Though few workforces in California are all male or all female anymore, it’s not uncommon for there to only be a handful of women in certain workplaces.
Woman suing employer for disability discrimination
Chobani brand yogurt is sold in supermarkets in California and around the company. The company producing the food has been the target of three lawsuits from employees alleging discrimination. In the most recent case, a woman has claimed that her request for workplace accommodations for her disability led to her dismissal. The Equal Employment Opportunity Commission has deemed her lawsuit worthy of advancing to trial.
Awareness of sexual harassment may lead to more complaints
Companies in California and throughout the country are expecting an increased number of sexual harassment cases in 2018. The HR Certification Institute did a poll of 200 people who were HR leaders within their organizations to get their feelings about the matter. Of those polled, 79 percent said that sexual harassment training should be a high priority, compared to just 40 percent in 2017.
Many who experience sexual harassment never file reports
Although workplace harassment is illegal in California, some companies may still get away with the behavior. Part of the problem may be that approximately 90 percent of employees who face harassment at work never file a complaint.
What makes a workplace toxic and potentially unlawful?
Employees are undoubtedly under the authority of those in charge of their workplace. It is a known power imbalance that you agree to when you decide to submit to a new job offer. However, there are differences between what is considered a toxic place to work and when it crosses the line into unlawful acts.
