Category Archives: Employment Discrimination
What is Disparate Impact Discrimination?
Let’s say that a company had to hire workers. To find these employees, they only advertise and promote the job openings, at college career festivals. Is there anything wrong with doing this? On the surface, it would seem this is fine. An employer can advertise jobs wherever and however it wants to, and everybody… Read More »
Can Your Employer Discriminate Against You Because of Your Height?
Many of us tend to obsess over our height. At work, we would hope, height doesn’t matter. But does the law protect people who are not tall, or for that matter, people who may be abnormally tall? Does being short (or shorter), or very tall, entitle a worker to some protection at work, and… Read More »
Can Your Boss Prohibit You From Discussing Wages or Salary?
It is certainly natural and anticipated that workers will discuss amongst themselves, what they are being paid by their employer. But employers may not want this to go on. They may not want employees to know what each of them are being paid, for fear that pay discrepancies will lead to workers getting upset,… Read More »
Genetic Discrimination at Work is Illegal
We probably can guess the categories where discrimination at work is illegal. Gender, sexuality, pregnancy, age, disability, race or nationality, among others, comes to mind. But many people aren’t aware of another area where it is illegal to discriminate against you at work: based on your genetics. Examples of Genetic Discrimination Imagine, for example,… Read More »
Employment Discrimination: What Damages Can You Get?
If you have been discriminated against at work, and you or your attorney feel that you have a good case, the next question on your mind may be what do you stand to recover as a result—that is, what damages are available to you, in the event you were to prevail on your employment… Read More »
Visual Harassment in the Workplace
If you’re in the workplace and people say things to you that are demeaning, insulting, lewd, or harassing, you may know you’re a victim of workplace harassment. The same goes, of course, if there is any unwanted touching, or perhaps, coercion to engage in sexual or romantic activity as a condition of working there…. Read More »
Recognizing LGBTQ Harassment in the Workplace
Both federal and California law protect LBGTQ workers from discrimination and harassment in the workplace, albeit California’s state laws are broader, and do provide more protection than federal laws. But while workplace rights and protections for the LBGTQ community are continually increasing, that doesn’t make discrimination cases against the LBGTQ community any easier. Hard… Read More »
The Supreme Court is About to Answer a Big Question on Reverse Discrimination
Most of us already know that discrimination or harassment in the workplace based on a protected classification such as race or nationality or religion, among other categories, is illegal. But does that include all races, nationalities and religions—even so-called “majority” ones? What is Reverse Discrimination? That’s the issue that the Supreme Court is set… Read More »
What is a Stay or Pay Clause?
Non compete clauses have long been illegal in California, and as of 2023, the federal government passed a regulation making these provisions illegal nationally (although that restriction is currently being challenged in court). But anticipating the trend against these clauses, many employers are coming up with new ways to try to keep employees from… Read More »
Associational Discrimination: The ADA is More Powerful Than You Thought
The Americans With Disabilities Act or ADA is a powerful law that protects workers with disabilities. But it does even more than that. It even protects otherwise healthy, non-disabled workers that have some relationship to others who have disabilities. The ADA, Generally The ADA generally says that if you have a disability, your employer… Read More »
