Types of Workplace Discrimination

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No one should have to deal with discrimination in the workplace. Unfortunately, despite prohibitions on workplace discrimination under federal and state employment law, it’s still quite common to encounter it. If you encounter possible workplace discrimination at your job in San Jose, CA, you can get the help you need from a lawyer who handles cases pertaining to employment law.

Workplace Discrimination

Age Discrimination

Age discrimination is prohibited under the Age Discrimination in Employment Act (ADEA). ADEA protects workers who are aged 40 or older from unfair discriminatory practices in the workplace. Some state laws protect younger workers from age discrimination. It should be noted that ADEA does not prohibit favoring an older worker instead of a younger worker. Unlawful discrimination may be committed by anyone, even if both parties are over the age of 40. Prohibited acts include discriminatory employment policies, harassment, and discriminatory acts pertaining to any condition or aspect of employment.

Sexual Harassment

Sexual harassment is among the most common forms of workplace discrimination. A person of either sex may be the victim or the perpetrator of sexual harassment. It is also possible for the victim and the perpetrator to be of the same sex. Sexual harassment may involve acts, such as requests for sexual favors, unwelcome sexual advances, or offensive remarks related to a person’s sex. Generally, to be legally defined as sexual harassment, the behavior must be so egregious or pervasive so as to constitute a hostile work environment.

Religious Discrimination

It is illegal to treat an employee or a job applicant in an unfair manner because of that individual’s religious beliefs. All religious beliefs are protected, so long as they are sincerely held by that individual. Additionally, this category of discrimination protects sincerely held ethical and moral beliefs. Employers are required by law to make reasonable accommodations for an employee’s religious practices and beliefs. The only exception is if these accommodations would significantly disrupt the business’ operations. For example, if an employee is required by faith to pray at certain times throughout the day, the employer may allow flexible scheduling or flexible break periods. Another discriminatory action is segregation based on religion. For example, if a religious adherent is required by faith to grow a beard or wear specific head garb, he or she must not be barred from client interactions or other aspects of the business because of these requirements.

A Look at Whistle Blowing

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Whistle blowers are employees who discover that their company or organization has been engaging in acts of wrongdoing. These acts might include attempts to defraud shareholders, violations of laws, or similar dishonest practices. Employment law protects whistle blowers from retaliatory actions such as unfair dismissal. If the company does violate employee rights, the whistle blower can contact an employment lawyer working in San Jose, CA.

Whistle blowers are strongly advised to keep meticulous records regarding all violations of California labor law. In addition to unfair dismissal, retaliatory actions may include blacklisting, demoting, denying benefits, reducing wages or hours, disciplining, unfair reassigning, threatening, or intimidating employees. When preparing a whistle blowing claim, the employment lawyer will look for evidence to prove that the protected disclosure made by the whistle blower led directly to the retaliatory action by the employer. Successful whistle blowing claims will result in remedies that may include reinstatement or a compensatory award.

Employment law

Claiming Workplace Retaliation

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If you have witnessed discrimination in the workplace, unfair dismissal, fraudulent accounting methods, or other illegal and unethical workplace practices , you may choose to discuss the matter with your supervisor or HR representative. Sometimes, whistle blowers find themselves unjustly fired after taking action, which is a violation of federal and state employment law. You should know that you have the right to consult an employment lawyer in San Jose, CA.

This video explains how an attorney can assist you. A lawyer who understands California labor law can help you weigh your legal options in the aftermath of a retaliatory firing or other adverse action taken against you. The expert in this video also discusses some unethical workplace practices to watch out for.

Hiring and Retaining Employees – Without Getting Sued!

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Attorney Phil Griego is one of the course instructors for a new business seminar coming up on March 9th, 2016 in San Jose at Silicon Valley SCORE and the focus of the event is designed to provide insights for organizations interested in hiring, motivating and retaining a quality workforce and also avoiding any legal issues or legal complications when dealing with hiring and ongoing employment issues.

Register HERE!

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Religious Discrimination in the Workplace

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Employment law prohibits discrimination against employees on the basis of religion. If you feel you may have been the target of discrimination in the workplace near San Jose, CA, you can consult an employment attorney regarding California labor law. When you watch this featured video, you will learn that employment law only requires employers to make reasonable accommodations for an employee’s religious beliefs and obligations.

This means that an employee can take time off for a religious holiday or observance; however, the employer is not obligated to pay the employee for the time off. Religious discrimination laws extend to all terms and conditions of employment, including hiring, firing, training, and benefits. Additionally, employers are required to allow employees to groom and dress in the manner required by their religion.