The Various Instances Employers Commit Whistleblower Violations

Image Source: http://www.kpaonline.com/blog/wp-content/uploads/2013/06/whistleblower-small.jpg

Not all employees are able to stand up for themselves and for other co-workers, especially in matters that concern their employers committing certain activities that are deemed illegal or in violation of any prevailing federal or state laws. It’s completely understandable that a lot of them don’t have the courage to do so, choosing to rather go with the flow of things in the workplace by following their employers’ orders. However, for employees who are appropriately called “whistleblowers,” they know that asserting their rights to correct what is wrong in the workplace comes with the possibility of risking their job security. Fortunately for them, there are laws on the federal and California levels that protect whistleblowers.

Basically, a whistleblower is someone who discloses his or her employer’s suspected violation/s of either state or federal statutes to any applicable agency, whether it is a government or a law enforcement agency. Upon doing so, he or she is afforded the necessary whistleblower protections as dictated by the prevailing federal and state laws. In this regard, employers involved are not permitted to put up adverse actions against them; doing so would violate the whistleblower protection laws. For the most part, these adverse actions are often in retaliation for refusing to engage in an activity that would violate federal and state laws and/or disclosing such violations with any agency.

There are a lot of situations wherein employers who are under fire for their alleged engagement in an illegal activity commit whistleblower violations in the form of various retaliatory actions. Basically, an employee who has “blown the whistle” may be subjected to demotion, wrongful termination, or a working environment in an effort for him or her to quit his or her job (constructive termination) in retaliation for doing any of the following:

• Filing a discrimination claim against the employer opposing a practice that is deemed illegal under the Title VII of the Civil Rights Act of 1964 or the California Fair Employment and Housing Act (FEHA).
• Filing a workers’ compensation claim.
• Filing an occupational safety complaint with the Cal/OSHA.

Meanwhile, if you are an employee in California and you feel the need to report an illegal activity in the workplace, then you must disclose pertinent information right away with the appropriate agency. You are already protected under the whistleblowing laws, but don’t be complacent on doing just that. There’s still a possibility that you may be retaliated against, which is why you must be able to consult with an attorney who specializes in handling cases of whistleblowers. Your legal counsel will let you know about the legal implications of your employer’s engagement in a continuous discriminatory act or any other activity that violate federal or state statutes.

Read More

Giving Hardworking Employees What They Deserve

For most, if not all of the people with disabilities, finding something to do and keep them preoccupied is such a big challenge. Given their disabilities, these people would want to be able to contribute something their home or society rather than just being there and how difficult is it more for these people to find sources of livelihood. Is it possible for these people to land jobs given their disabilities? Well, the answer to that is yes. In fact, there are many disabled employees working all over the country and the whole world. However, are these people getting the right jobs are prone to employment discrimination because of their disabilities. While laws to protect these poor employees do exist, there are certain loopholes that puts employees at a great disadvantage.

Overworked, Underpaid
One of the biggest legislation loopholes that leave people with disabilities in compromising situations is the Subminimum Wage Law. Under Section 14C of the U.S. Fair Labor Standards Act of 1938 called the Special Minimum Wage Certificate, this law allows companies to pay disabled people below the federal minimum wage. For example, a company, employs 7,500 employees which account for seven percent of their total number of workers is being paid following that legislation. However the companies believe that things better stay the same as increasing the wages they are paying their disabled workers will only cause harm in general. According to experts, such pressure and push could lead to the closure of some production.

Fighting Discrimination and Abuse
If you are a disabled person and are being discriminated against in your work by being subjected to many different forms of abuse, then you must stand up and know more about your rights as an employee. If you think you are being taken advantage of by your employer, go and find the best California employment law attorney that you can help you. File an employment law violation claim against your employer and get the compensation and justice you deserve for everything that you have been made to go through because of your disability. Moreover, you also save other from falling for these schemes and you can save disabled people from being taken advantage of by irresponsible and abusive employers.


Source: http://america.aljazeera.com/articles/2014/3/27/goodwill-paying-penniesperhour.html

Read More

Yes We Can: Continuing Cesar Chavez’s Legacy

Everybody knew about Dr. Martin Luther King Jr. and his great contribution to help realize the drafting and implementing of laws for civil rights and put a stop to workplace discrimination(read more). That is why MLK has been getting much praise and accolades. Sadly though, not a lot of people know about Cesar Chavez who celebrates his birthday every fourth of February. But who is Chavez and what has he done to deserve our respect and admiration?

Cesar Chavez’s Legacy
The US Department of Labor Secretary Tom Perez relived the many life and contributions of the legendary founder of the United Farmworkers Union in his 87th birthday. In the launch of his biopic Chavez’s many contributions to the labor sector has been remembered in the discussion of his life. Being a migrant farmer, Chavez endured a very difficult life since his childhood. Even though he has attended at least 35 schools, he never received a formal education beyond 8th grade. He was also a US Navy veteran, serving in the Pacific after World War II. Chavez organized and led farm workers as they struggled to get fair wages and put an end to their very bad working conditions.

Revolution Sans Violence
Like MLK, Chavez also pushed for non-violent resistance, believing that it is the best way to empower the people, help them secure their rights and dignity. He fasted to expose the exploitation of farm workers. He was a master of the politics of civil disobedience and boycott. Because of his selfless dedication and sacrifice for the betterment of every working American, he was inducted in the DOL’s “Hall of Honor” in 1998. One of the agency’s auditorium was named in his honor. Chavez continues to be an inspiration to every employee of the DOL and is revered by people and organizations fighting for equality in the workplace.

“Si Se Puede”
If you are for equality and justice, you should continue to live by Cesar Chavez’s mantra. By working together, believing in each other and pushing for fairness, equality, and the stoppage of any act of discrimination in the workplace, “Si se Puefe”, yes we can emulate Cesar Chavez and continue to fan the flame of his passion and ideals.


Source: http://social.dol.gov/blog/si-se-puede-the-legacy-of-cesar-chavez/

Read More

Christian Charity Group Turns Its Back on Gender Equality in the Workplace

 

The Roman Catholic Church is indeed changing its ways. Under the stewardship of Pope Francis, the usually conservative church is now rethinking its principles, especially on how they see same-sex unions. As confirmed by Cardinal Timothy Dolan, the pontiff expressed the intention to stop quickly condemning people involved in same sex marriages. Dolan said that the Pope, while reaffirming the church’s opposition to same-sex marriages, called on to the Church that the concept of gay unions be reviewed. The Pope said that the Church should not be quick to judge lesbians, gays, bisexuals and transgenders (LGBT) right away. This is a major breakthrough as this has been the only time that a leader of the Catholic Church has shown a different stance when it comes to same-sex unions. While the Pope maintained that the Catholic Church’s teachings stay, it may be best to look at different cases and try to evaluate the same in their variety.

However, while members of the LGBT community believes that this is another great step forward for gender equality, a Christian charity organization seemed to do otherwise. World Vision reversed its earlier decision to employ Christians that are in same-sex marriages. The organization made such decision after around 2,000 sponsorships were cancelled after they heard about the company’s earlier decision.

A “Mistake”
World Vision on March 24th 2014 decided that they were changing its policy against the hiring of Christians that are in same-sex marriages. However, a few days after, the organization decided to take back its earlier decision. Richard Stearns, World Vision’s President said that the board “made a mistake” and instead “chose to revert” to their “longstanding conduct policy”. World Vision is requiring employees to sign a code-of-conduct. In the contract, employees are prohibited from engaging in premarital sex, or for married workers, committing adultery. And so, jobseekers in same sex marriages are forced to find new opportunities.

The LGBT Community Reacts
Some gay couples called this action by World Vision a clear case of employment discrimination. According to the Title IV of the Civil Rights Act of 1964 prohibits any form of discrimination on the basis of one’s sex or gender. However, instances of workplace discrimination still persists. A Los Angeles employment lawyer is urging possible victims of this and other similar schemes to come forward and file the employment discrimination claims to correct these unfair practices by employers in the country.


Source: http://america.aljazeera.com/articles/2014/3/26/charity-reversesdecisiontohirechristiansinsamesexmarriages.html

Read More

Growing Up to Race Inequality

 

In this day and age, people can easily dismiss that racial discrimination is a thing of the past. That it does not exist. That laws and time has healed all the wounds have put an end to the useless discrimination of minorities. Yes, there may be laws made to try put an end to all of these hate. Campaigns may have been mounted and popular personalities may have made the call for unity and equality. However, numbers do not lie. In the latest comprehensive data collated by the US Department of Education’s Office for Civil Rights, the phenomenon of racial inequality still happens.

Racial Inequality in Schools
In the four papers released by the Education Department, all have shown great inequality in terms of school discipline, early learning, college readiness, as well as teacher equity. Analysts have found that black, Latino, and Native American Students were having less access to some courses, particularly advanced math and science courses, and are more likely to be taught by new, first-year instructors. This was in comparison with white students. Also, Black and Native American students’ suspension and expulsion rates were disproportionate.

Here are some of the other information seen in the reports:

• While only 18 percent of the country’s pre-K enrollment were Black students, they made up 48 percent of preschoolers with multiple out-of-school suspensions
• In terms of expulsion, the ratio of expulsion of black versus white students stands at 3:1.
• American Indian and Native-Alaskan students only accounted for 1 perce3nt of the students but were also made 3 percent of those who were expelled.
• Black girls always get suspended more compared to all other girls and most of the boys.
• Almost one in four boys of color, except Latinos and Asian Americans, with disabilities and one in five girls of color with disabilities has received an out-of-school suspension.
• Of the schools with the highest percentage of Latino and black students, 25 percent did not offer Algebra II while 33 percent did not offer chemistry.
• More than half of  American Indian and Native-Alaskan high schools students did not have access to full range of math and science courses which has Algebra I, Geometry, Algebra II, calculus, biology, chemistry, and physics.
• In schools with gifted programs, black and Latino students accounted for 40 percent of enrollment. However, they only represented 26 percent of the students in the given programs.
• More black, Latino and Native American students have attended schools where there are more new, first-year teachers compared to white students.
• Black students were three times more likely to attend schools where more than 40 percent of the teachers have failed to meet state certification and licensure requirements. Latinos on the other hand were twice more likely to attend said schools.

Lingering Discrimination
These inequalities that black, Latino, Native American, Native-Alaskan, and Asian-American students experience doesn’t just happen in schools. Long after they’ve finished their schooling, people from these minority groups continue to experience racial discrimination in the workplace, and almost everywhere. People with different skin color, hair texture, and facial features attributed to certain races experience discrimination, harassment, and abuse. In fact, the cases of race discrimination in employment filed has hit a record-high in 2011, US Equal Employment Opportunity Commission (EEOC) data revealed. Race discrimination charges accounted for 35.4 percent of the cases filed to the agency.

Yes discrimination may still very much be around, however, that doesn’t mean that you can’t do anything about it. If you have been a victim of such acts, file the necessary charges and hire the best employment and labor lawyers in California that you can find. That way, you can teach a lesson to those who made these acts and hold them accountable for their actions. While it is still very much difficult to be a member of the minority in this country, standing up for your rights and fighting for it will not just help you achieve the justice you’ve been looking for, you will also be able to stop these people from further subjecting others to these kinds of harassment and abuse.

Read More

Some of the Pending Private Sector Employment Bills in California

Image Source: http://media.tumblr.com/tumblr_ltfevjtSvA1qfraiz.jpg

California’s laws on private sector employment obviously start out as bills, which are sponsored and introduced by the men and women within the state’s Assembly and Senate. A lot of things happen when they get introduced; they either get shelved or get heard and voted amongst the committees within the legislative bodies for a certain period of time. When these bills are successfully heard and voted, what comes next is either a veto or a signature from the Office of the Governor of California.

Once signed, bills become laws and take effect on a certain date. But once they’re vetoed or denied, lawmakers either tweaked them and had them re-introduced or get shelved permanently. Such is the seemingly endless process of devising bills and legislative hearings within the California Assembly and Senate, and this year 2014 is like any other. Since the start of this year, nearly 2,000 bills have been introduced and re-introduced in both legislative bodies, many of which concern employment in the private sector.

With this in mind, it is worth mentioning some of the most notable and interesting bills that are currently pending in the California legislation. Below is a list of some of them:

•    Senate Bill 935. Last year, Assembly Bill 10 was passed which would provide an increase in the minimum wage rates in California from 2014 to 2016. Under said law, the $8.00-per-hour minimum wage would be $9.00-per-hour on July 1, 2014, and $10.00-per-hour on 2016. Interestingly, Senate Bill 935 would further increase the wage rates. Under this proposed bill, the minimum wage in California will be increased to $11.00 on and after January 1, 2015. By 2016, the rate will be at $12.00-per-hour, and by 2017, the rate will be at $13.00 per hour. It was recently amended by its principal authors and is being heard in the state’ Senate.

•    AB 1443. If passed, this would amend the California Fair Employment and Housing Act (FEHA), the premiere state statute that prohibits employment discrimination. Under this proposed bill, employers covered by the FEHA cannot discriminate against an individual who is selected or trained as an unpaid intern on the basis of any of the protected characteristics defined under the law. It is currently being heard in the Assembly floor, recently with the Labor and Employment Committee.

•    AB 1522. This bill proposes that a California employee working for seven or more days in a calendar year can be entitled to paid sick days. These are accumulated “at a rate of no less than one hour for every 30 hours worked.” Sick days can be requested beginning on the 90th calendar day of employment, whenever an employee needs to be diagnosed or treated of his or her health condition, attend to a sick family member, or to take a day off due to domestic violence, sexual assault, or stalking. Said bill is currently pending at the Assembly Labor and Employment Committee.

According to a Los Angeles employment lawyer, the abovementioned bills, if passed in the near future, would create a significant impact on the landscape of private sector employment in California. But then, these bills would still undergo hearings and votes as the legislative sessions continue.

Read More

Various Accommodations California Employers Must Provide for Employees with Obesity

The American Medical Association (AMA) officially announced last year that obesity is a disease. As such, employees with the said condition are likewise protected under the Americans with Disabilities Act (ADA). Although before, obesity is only considered a disability if it is a result of an underlying health condition like diabetes; otherwise, it is a lifestyle choice.

Obese employees are now protected under employment laws on both federal and California levels, including the ADA and the Fair Employment and Housing Act (FEHA), especially if their conditions substantially limit their ability to exercise a major life activity, such as walking, bending, sitting, and the like. Therefore, the laws provide covered employers to dutifully make reasonable accommodations to allow employees with obesity to perform the significant functions of their jobs.

For employers to do so, they must be able to engage themselves in an interactive process with their employees. For example, if the obese employee calls the attention of his or her employer and asks for a change in his or her work due to his disability, then it is the obligation of the latter to provide the accommodation, especially if there is knowledge of the former’s inability to perform his or her tasks. The employer may not refuse the employee a certain accommodation, but may only do otherwise if it poses undue hardship.

Basically, the process of providing reasonable accommodations for employees with obesity is no different from that of other employees with disabilities. Meanwhile, below is the list of some of the viable accommodations that employers covered under the prevailing laws must provide to obese employees:

• Changes on where or when the employee can work. The employer may allow the employee to work reduced hours or be given additional rest breaks. Depending on the employer, it may also allow the employee to work at home, so long as the latter has the necessary equipment for him or her to perform his or her tasks.
• Changes on how the employee’s work is performed. The employer may allow the employee to be reassigned to a vacant position in the workplace. Also, the employee may also be reassigned to perform some of the non-essential functions of his or her position.
• Changes to the employee’s office setting. If the employee has a hard time sitting comfortably in his or her chair, the employer may provide him or her with a larger one in an effort to reduce fatigue.

If, however, the employer deliberately refuses to give the obese individual the necessary accommodations, it is already a violation of the laws, more so if there is discrimination involved. The victim may file a charge against his or her employer with the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH). Alternately, it is also imperative to seek the expertise of a Los Angeles employment discrimination lawyer.

Read More