Although women have made considerable strides toward greater equality in the workplace , civil rights attorneys in San Jose, CA would generally argue that significant disparity remains. Many women, for example, have sought employment law advice from their legal representatives regarding wage discrimination. Wage discrimination occurs when a female employee makes less than a male employee solely based on sex, and not because the female employee is less qualified or less educated.
You can hear more about this important issue when you watch this featured video or consult a labor attorney. You’ll learn about a study that reveals women tend to make just 75.5 cents for every dollar that men earn in similar positions. You’ll also hear from a trial attorney, who dispenses some invaluable employment law advice for women who are interested in learning more about their rights.
Whistleblowers provide invaluable services to the country. By exposing corporate wrongdoing, whistleblowers may help protect consumers, patients, or the environment, or they may save millions of taxpayer dollars. But potential whistleblowers often don’t step forward because they fear retaliation. Before making your decision, seek employment law advice from a qualified labor attorney in San Jose, CA.
You’ll learn that whistleblowers are protected from retaliatory actions, such as unlawful termination. Workers who report workplace violations are protected from being demoted, denied benefits, blacklisted, unjustly disciplined, threatened, or intimidated. They are also protected from having their pay lowered and their hours reduced. Refusing to hire or rehire, or reassigning a worker in a way that affects promotion opportunities are other forms of retaliation that are prohibited. If you think your employer has initiated retaliatory actions against you, you should consult an employment law attorney right away. Remember to keep a written record of the retaliatory incidents, as your lawyer will need this for your claim.
Age discrimination is prohibited under federal and state law, but countless employees suffer its effects regardless. If you’re age 40 or older, you should know how to identify the signs of age discrimination and how to exercise your legal rights with the help of a labor rights lawyer serving San Jose, CA. Another way to protect your job is to familiarize yourself with some basic employment law advice, such as by taking a proactive approach during the course of your career.
Know your legal rights.
Your employment law attorney can review your case to determine if your legal rights may have been violated. Under federal law—the Age Discrimination in Employment Act (ADEA)—employees and job candidates are protected from age-based discrimination if they are ages 40 or older. This law does have some limitations. For instance, it doesn’t apply to elected officials, military personnel, or independent contractors. The ADEA does apply to:
- Federal, state, and local government entities
- Labor organizations with a minimum of 25 members
- Employers with a minimum of 20 employees
- Employment agencies
Since the ADEA does not extend protections to employees of companies with fewer than 20 workers, many states have enacted additional protections. In California, employees are protected from age discrimination if the company has at least five employees. The same age range applies. Your state rights are explained in the Fair Employment and Housing Act (FEHA).
Take a proactive approach to fight discrimination.
There is no guarantee that not having experienced age discrimination in the past will mean you won’t in the future. It’s best to be proactive about protecting your legal rights. During the course of your career, you should request specific feedback at each job review meeting. Request written copies of your job reviews, and keep these records indefinitely. A track record of positive job reviews can be helpful later on if you need to have a labor rights lawyer file an age discrimination claim.
Identify potential signs of age discrimination.
If you do suspect that you’ve been the recipient of discriminatory actions, contact an employee rights lawyer right away. Age discrimination isn’t always easy to spot. Sometimes, a mature worker may be told, “You have too much experience for this position,” or “Your salary history is too high.” These statements can indicate unlawful discrimination.
Many companies have workplace policies that prohibit harassment, but filing a complaint with human resources isn’t the only remedy available to wronged employees. When certain criteria are met, workplace harassment is also a violation of federal and state laws. If you feel you’ve been targeted, consider seeking employment law advice from an experienced labor attorney in the San Jose, CA area. Be sure to thoroughly document each incident, and bring this written record to your initial consultation with your employment law attorney.
Under the law, workplace harassment is defined as unlawful and unwelcome acts that are discriminatory in nature. Harassment may stem from discrimination based on race, age, sex, religion, color, disability, national origin, or genetic information. Unlawful harassment falls into one of two categories. First, workers are forced to endure the acts in order to maintain their employment. Or the conduct is widespread or severe enough in the workplace to constitute an intimidating, abusive, or hostile work environment.
The Civil Rights Act of 1964
Labor attorneys can file a workplace harassment complaint under Title VII of this federal law. Title VII provides the foundation for anti-discrimination complaints. It prohibits employers from engaging in discriminatory actions against employees based on their sex, religion, race, national origin, or color. This federal law applies to employment agencies, labor organizations, and federal, state, and local government organizations. It also applies to private and public universities.
The Americans with Disabilities Act (ADA)
This monumental piece of legislation was passed in 1990. It gave employees with disabilities broad legal protections against discrimination in the workplace, in addition to protections regarding public accommodations, telecommunications, and public services. Under the ADA, individuals with disabilities are protected from suffering discriminatory harassment in applying for a job, hiring, firing, promoting, job training, and compensatory procedures.
The Fair Employment and Housing Act (FEHA)
FEHA is a California law that applies to employers with at least five employees. Under FEHA, employers are required to take reasonable steps to both prevent and correct harassment and discriminatory practices. FEHA takes a proactive approach toward workplace harassment, as it requires employers to have written policies to prevent discrimination, retaliation, and harassment. Current and future employees must be provided with a copy of this policy, but they still have the legal right to consult an employment lawyer if they feel they’ve been the subject of harassment.
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