What is Hostile Work Environment Sexual Harassment?

“Hostile work environment” sexual harassment occurs when an employee is subject to unwelcome advances, sexual innuendos, or offensive gender-related language that is sufficiently severe or pervasive from the perspective of a reasonable person of the same gender as the offended employee. Hostile work environment harassment requires, under the law, a link between the hostility by  Read More …

Sexual Harassment v. Gender Discrimination

The California Fair Employment and Housing Act (FEHA) and the United States Federal law in Title VII of the Civil Rights Act (Title VII) prohibit gender discrimination in the workplace and harassment based on the sex of an employee. Harassment is conduct that is not necessary for the performance of a supervisory job, but is instead outside  Read More …

What is Illegal Retaliation?

It is illegal for an employer to retaliate against an employee who has made a  discrimination or sexual harassment claim, or who has filed a charge with the California Department of Fair Employment and Housing or the Equal Employment Opportunity Commission, or who has participated in a sexual harassment investigation as either a complainer or a witness,  Read More …

Pregnancy discrimination case against AutoZone results in $185M verdict

Federal jury in San Diego awarded nearly $186 million in punitive damages to a store manager at AutoZone after finding that the company retaliated against the pregnant manager, in the end demoting her and firing her. Rosario Juarez, 43, was awarded about $873,000 in compensatory damages and $185 million in punitive damages report Reuters, the Wall Street  Read More …

EEOC’s New Pregnancy Discrimination Guidelines and Fair Employment: Know Your Rights

    Recently, the Wall Street Journal published an op-ed article on the Equal Employment Opportunity Commission’s new guidelines to pregnancy discrimination laws. Suffice to say, the writer of said Wall Street Journal piece found little justification for the new legislation. Instead, he claimed that the new changes were simply another “radical legal interpretation” that  Read More …

Equal Employment Opportunity Commission Releases New Federal Regulations Regarding Pregnancy Discrimination

On July 14, 2014, the Equal Employment Opportunity Commission published new federal regulations for workplace discrimination against pregnant workers. The newly expanded legislation delineates for the first time how the Americans With Disabilities Act applies to pregnant workers, specifying that any form of harassment or discrimination of pregnant workers by their employers is a form  Read More …

Third Party Rights to Bring Retaliation Claims

In the case of Thompson v. North American Stainless, LP, the plaintiff, Thompson, claimed he was fired by his employer in retaliation for his fiancé’s filing of an EEOC complaint against the same employer. On January 24, 2011, the US Supreme Court unanimously held that Title VII of the Civil Rights Act protects a third-party  Read More …

What is Sufficiently Pervasive Sexual Harassment for a Hostile Work Environment Claim?

A successful hostile work environment sexual harassment claim must show that the harassment is sufficiently severe of pervasive to alter the victim’s environment into one what is hostile and abusive. The hostile work environment sexual harassment may be either severe or pervasive or both. With respect to the pervasiveness of sexual harassment, courts have held  Read More …

Sexual Favoritism and Hostile Work Environment

Sexual favoritism can create a hostile work environment, even for those who are not sexually propositioned. California law provides that plaintiffs may establish the existence of a hostile work environment, even when they themselves have not been sexually propositioned. Widespread favoritism based upon consensual sexual affairs may imbue the workplace with an atmosphere that is  Read More …

Common Mistake #8 – Taking Management’s Word That the Victim Does Not Have a Case

An employer’s human resources department has the goal of protecting the employer. After a sexual harassment victim makes a complaint to management or the human resources department, it is important for sexual harassment victims to realize that they should not necessarily take management’s word in determining whether they have a viable legal claim. The information  Read More …

Common Mistake #6 – Not Knowing What Constitutes Actionable Sexual Harassment or Discrimination

   It is important for victims to know their rights. Using tools such as literature on sexual harassment and the advice of an attorney to understand what conduct constitutes sexual harassment is a powerful step in confirming a victim’s rights and can build confidence and assist in moving forward with the next steps in stopping  Read More …

The Facts About Pregnancy Discrimination By Employment Attorneys

It is illegal to discriminate against a woman based on the fact that she is pregnant. Employment law provides that pregnant women must be treated in the same manner as other applicants or employees with similar abilities or limitations. Below please find the facts about pregnancy discrimination at work. Hiring The first fact about pregnancy  Read More …