Posted by Eric Kingsley | Apr 09, 2021 |
Discrimination in the workplace is more common that we might think it is. An employment discrimination lawsuit is adjudicated in civil courts. This means that the plaintiff, in such cases, the employee, has the burden of proof. In other words, he or she must show evidence that there was discri...
Posted by Eric Kingsley | Apr 01, 2021 |
Wal-Mart will pay $40,000 and provide additional training to its managers to resolve a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC). According to a Tulsa World news report, the lawsuit involved an employee who was born with a congenital amputa...
Posted by Eric Kingsley | Mar 29, 2021 |
Discrimination comes in many forms and occurs in different patterns. Some kinds of discrimination are direct, while others are unintended on ancillary. At times, discrimination accompanies or integrates harassment and victimization. Many individuals are treated unfairly at work, school, public...
Posted by Eric Kingsley | Mar 22, 2021 |
Using an employment lawyer can be costly. Even when employees face discrimination, harassment, retaliation or other mistreatment at work and have a solid case, hiring a lawyer and incurring expenses relating to litigation can be cost-prohibitive. In addition to the money issue, there is also...
Posted by Eric Kingsley | Feb 01, 2021 |
Employment lawsuits, particularly those that involve discrimination, could take a long time to get resolved. If you have been in any type of legal dispute, you know that any process involving the law and courts could move at a frustratingly slow pace. Typically, a discrimination lawsuit in a C...
Posted by Eric Kingsley | Jan 18, 2021 |
The statute of limitations is a specific time period allotted for filing certain types of lawsuits. Each type of legal action has a specific filing deadline. If a lawsuit is not filed within this deadline, your lawsuit may not be accepted or heard. After the statute of limitations has run on th...
Posted by Eric Kingsley | Jan 14, 2021 |
A scientific glassblower has filed a wrongful termination lawsuit against Caltech alleging that he was fired in 2018 in retaliation for complaining about not being provided proper work accommodations for his medical condition. According to a report on Pasadena Now, the former employee's lawsui...
Posted by Eric Kingsley | Jan 04, 2021 |
Before you can file a lawsuit for discrimination under federal laws such as Title VII, the Age Discrimination in Employment Act, or the Americans with Disabilities Act, you must file what is known as "a charge of discrimination" with the Equal Employment Opportunity Commission (EEOC), which is ...
Posted by Eric Kingsley | Dec 29, 2020 |
Five current and former employees at a Chula Vista community college have filed a discrimination lawsuit against the institution alleging a hostility toward Black employees including calling them racial slurs and overlooking them for promotions. According to a report by the San Diego Union Trib...
Posted by Eric Kingsley | Dec 15, 2020 |
A former Target employee has filed a disability discrimination lawsuit against the company also alleging retaliation and wrongful termination. According to a CBS Los Angeles news report, the employee who previously suffered a traumatic brain injury said he was mistreated at work and fired in 20...
Posted by Eric Kingsley | Nov 30, 2020 |
A former employee filed a wrongful termination lawsuit against Amazon saying that his employer retaliated against him for enforcing COVID-19 safety protocols, which he was instructed to enforce. According to a news report, Amazon hired the employee as a "Learning Ambassador" at a New Jersey fa...
Posted by Eric Kingsley | Nov 25, 2020 |
Employers often adopt the strategy of laying off employees when finances get tight or when there is an economic downturn. Right now, for example, the coronavirus pandemic has led to numerous layoffs not just here in California, but around the country. However, regardless of the financial positi...
Posted by Eric Kingsley | Nov 06, 2020 |
Under federal law, employers are prohibited from discriminating against employees or job applicants on the basis of pregnancy, childbirth or related conditions. If you believe that your employer has fired you or discriminated against you because of your pregnancy or related conditions, you may be...
Posted by Eric Kingsley | Sep 29, 2020 |
A 57-year-old former company lawyer is suing IMAX Corp. alleging that she was fired back in January because she is Latina and the company wanted younger employees whom they could pay less. According to an NBC news report, Margarita Hernandez's discrimination lawsuit was filed in Los Angeles Su...
Posted by Eric Kingsley | Sep 25, 2020 |
Wells Fargo has agreed to make job offers to 580 applicants and pay $7.8 million in back wages and interest to settle allegations of hiring discrimination by the U.S. Department of Labor. According to a report on Hrdive.com, the allegation stated that the company violated federal law by discri...
Posted by Eric Kingsley | Dec 09, 2019 |
Life isn't always predictable. Be it the birth of a child or being hampered by an illness or disability, workers in California can feel vulnerable and helpless in such situations especially with questions over finances and continued employment hovering over their heads. There are a number of...
Posted by Eric Kingsley | Oct 22, 2019 |
The Family and Medical Leave Act of 1993 (FMLA)
With the employee landscape changing throughout the 1980s and early 1990s, Congress passed the Family and Medical Leave Act of 1993. At the time of its passage, among other findings, Congress recognized that:
the number of single-parent househ...
Posted by Eric Kingsley | Aug 28, 2019 |
California employers should take employee requests for accommodations with extreme care. Whether the request is related to a mental or physical disability there are certain steps employers should take to ensure requests for accommodations are both considered and provided if they are determined ...
Posted by Eric Kingsley | Aug 06, 2019 |
Employment discrimination occurs when an employee or job applicant is treated unfavorably because of his or her race, skin color, national origin, gender, disability, religion, or age. It is illegal to discriminate in any facet of employment, so workplace discrim...
Posted by Eric Kingsley | May 05, 2019 |
The Equal Pay Act: Equal Pay for Equal Work, Regardless of Gender
Salary inequality accounts for a large amount of sexual discrimination complaints. Employee's rights are protected against sexual discrimination in compensation under two laws: the Equal Pay Act of 1963 and Title VII of the Civil...
Posted by Eric Kingsley | Jun 12, 2018 |
The Ninth Circuit Court of Appeals ruled that the plaintiff, not the employer, maintains the burden of proving the availability of a reasonable accommodation, even if the employer did not take advantage of the interactive process under the Americans with Disabilities Act (ADA...
Posted by Eric Kingsley | Mar 18, 2018 |
Protecting employees from workplace discrimination and retaliation continue to be a primary focus for both California courts and the legislature. The following case recaps provide a glimpse into some of the decisions regarding di...
Posted by Eric Kingsley | Jan 26, 2018 |
The engineer who was fired by Google after he criticized its diversity policies last August claims in a lawsuit that he and others at the internet giant faced harassment and workplace discrimination due to their conservative political views. This latest lawsuit...
Posted by Eric Kingsley | Aug 30, 2017 |
On August 8, 2017, the U.S. Equal Employment Opportunity Commission (EEOC) issued a press release announcing the settlement of a lawsuit against United Parcel Service, Inc. (UPS). The suit alleged disability discrimination claims under the Americans with Disabilities Act (ADA) and was settled f...
Posted by Eric Kingsley | Jul 21, 2017 |
Effective July 1, 2017 – New California Regulations Expand Protections for Transgender Workers
The California Office of Administrative Law approved new regulations expanding protections for transgender workers under California's Fair Employment and Housing Act (FEHA). Among other protected cl...