California Age Discrimination: Ways to Prove It and Important Steps to Take

 

It is never a good thing to discriminate an employee on account of his or her age. To begin with, it is not allowed under prevailing employment laws such as the Age Discrimination in Employment Act (ADEA) and the California Fair Employment and Housing Act (FEHA) to deliberately harass and/or subject a senior employee age 40 years or older to any unfavorable employment action. Although it is not an uncommon occurrence for a lot of employers to subject older employees to layoffs or demotions, there have been a lot of instances wherein they become less favored, with younger, less qualified employees landing eloquent jobs or promotions.

Proving age discrimination

• Any of situations stated above may be considered age discrimination, but the burden of proof always rests on the aggrieved senior employee. The task of proving the employer or co-worker’s discriminatory actions can be difficult, which is why it is imperative for him or her to seek the expertise of an expert Los Angeles discriminatory attorney. Meanwhile, here are some instances that can help prove age discrimination in the workplace:
• In most age discrimination and harassment cases, there is always the situation wherein the older employee is subjected to harsh comments or remarks directed toward him or her about his or her age. Those are already direct evidence of age discrimination, and must be noted through writing. The names of those involved, as well as the places, times, and dates of the incidents, should be included.
• It is age discrimination if the older employee is constantly being reprimanded or disciplined for violations that younger employees also commit without receiving any write-ups.
• Leaving behind an older worker in various instances at work, from training, important company events, to even lunch breaks can be used as evidence for one’s age discrimination claim. Also, age discrimination is evident if the bosses suddenly favor younger employees over older ones, especially when it comes to job assignments, office space, and in promotions.

Important steps to take when getting discriminated because of age

• When an older employee gets involved in any of the abovementioned instances by his or her employer or co-worker, then it is best that he or she should act immediately. Before hiring a Los Angeles employment lawyer who specializes in handling discrimination claims, here are some important steps to take right after a certain workplace incident:
• Put into writing the details of every event that is deemed discriminatory. It is important to include when and where they happened, as well as who were involved. Keeping important documents is likewise imperative, especially if they can help shed light to the situations, such as disciplinary write-ups and demotion or termination letters.
• All pieces of evidence must be kept away from the office, and must be instead kept at home. They can be retrieved once the aggrieved employee is ready to file an age discrimination or harassment lawsuit against his or her company.
• Before doing that, though, it is important for him or her to first report the incident by writing a formal complaint with the human resource department or administrative office. It would be right to give them the chance to investigate what happened.
• If nothing happened and the complaint was all for naught, then you must consult with the employment lawyer immediately. It is likewise imperative to file charges against your employer through the Equal Employment Opportunity Commission (EEOC) or the Calif. Department of Fair Employment and Housing (DFEH).

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Employer Training to Prevent Sexual Harassment in California Workplaces

 Employment harassment is prohibited under the California statute, the Fair Employment and Housing Act (FEHA). Every form of harassment is illegal, from sexual harassment, gender harassment, and all other forms of harassment based on the protected characteristics defined by the said law. Not only do covered employers have to avoid harassment at all times, but must also take all reasonable steps to prevent it.

When it comes to sexual harassment, covered employers are required to provide information to every employee “on the nature, illegality, and legal remedies that apply to” it. They can do so by posting publications of their own, which should be pursuant of the state’s Government Code section 12950. They may also obtain a brochure from the California Department of Fair Employment and Housing (DFEH) (read more).

More importantly, covered employers, especially those who employ 50 or more individuals and those in the public sector, are required to conduct training that would help prevent sexual harassment in workplaces. But why do so anyway? The answer is rather simple: it is good for the business.

Basically, sexual harassment prevention training is a requirement that would help them avoid issues that may greatly affect their business operations. This training is held every two years, and making this an important focus in California businesses would prevent them from challenging expensive lawsuits filed by their sexually-harassed employees. When there’s no single sexual harassment situation in a workplace, daily operations are not only smooth and productive; employees are more encouraged to perform their duties.

Basically, employers must make it a point to educate employees about what sexual harassment is and how to prevent it from happening in their respective workplaces. It should reflect in their existing policies, as well as in their daily correspondence with their workers. Coverage of training also includes responding to sexual harassment complaints and possible effects to the business if a situation happened that can be deemed as sexual harassment.

Meanwhile, if you are an employee for a California business entity, make sure that it has a written policy on sexual harassment, which should definitely include training. Otherwise, it is best that you report it with the DFEH. Also, if you have been harassed in any way, it is in your best interest to consult with a Los Angeles employment lawyer.

More information about Sexual Harassment Law at http://www.employmentattorneyservices.com/sexual-harassment.html

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10 Former Contestants Sue American Idol, Seeks $25M Each

“American Idol” has been sued a lot of times before, albeit the lawsuits it faced don’t considerably amount to around a million or so. However, entertainment website TMZ.com reported recently that the TV show is facing another lawsuit filed by 10 of its former contestants from various seasons, all of whom are African-Americans.

Apparently, they are claiming that they were eliminated from the singing competition due to a racist ratings scheme, in which, according to TMZ, they were “unjustly booted because of their race.” Aside from the plaintiffs seeking to force “Idol” to adopt new anti-racism regulations, all of the plaintiffs are each seeking $25 million in damages.

In the TMZ’s article dated July 24, the ten former “Idol” contestants “have accused producers of conducting a ‘cruel and inhuman’ scheme to exploit them for ratings by illegally digging up their arrest histories and using the records to humiliate them on national TV.” The legal representative of the plaintiffs, New York attorney James H. Freeman, claimed that it starts as early as the background checks wherein producers will ask “Idol” hopefuls if they had ever been arrested.

Per TMZ, the attorney even claimed that African-American contestants were the only ones to be probed about their alleged criminal past and not white people. Moreover, he emphasized that since his clients are applying for “employment” with the TV show, they are not allowed to ask about their arrest histories and other confidential details during background checks. He claimed that what “Idol” did was in violation of the California employment laws.

For many people, such lawsuits filed against the decade-long TV show are based on various individuals trying to make fast money. They also believe that the “American Idol” is hardly racist at all, since there have been African-American contestants who have been included in the competition in its 12 seasons. But then, whether or not this lawsuit against the show will go the distance remains to be seen.

Incidentally, expert lawyers, including an experienced Los Angeles discrimination attorney, assert that discrimination in employment on the basis of race is illegal under federal and California laws and statutes.

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