How to Deal With Sexual Harassment Outside of The Workplace

How to deal with sexual harassment outside of the workplace? It is well-settled law in California under the Fair Employment and Housing Act as well as the California Government Code § 12940(k) that an employer owes a duty to their employees to prevent harassment within the workplace. But what if an employee is sexually harassed off-site yet within a work capacity? This may be a situation where an employee is not at work but he or she is carrying out tasks or participating in functions that are work-related. More importantly, are employees the only individuals who are covered by the law in this area? What about applicants? In a heavily populated State such as California, the job market can be fierce and highly competitive, making it difficult for job-seekers to get their foot in the door. As a result, these applicants seeking jobs are vulnerable to illegal hiring processes which promote discrimination and sexual harassment. In these situations, employers are liable for the acts of their own employees who posses hiring power and abuse this power. When issues such as these arise, reaching out to a local Sexual Harassment Attorney is the best way to find out if further legal action should be taken.

An employer or organization is responsible for and held accountable for the acts of their employees whom they have delegated hiring power to within the workplace. The Court in the case Doe v Capitol Cities, 50, Cal. App. 4th 1038 had to address this issue of just how far an employer's liability extends in these "off-site" situations. In that case, the plaintiff was an actor who was applying, or rather auditioning for a role which took place on a Sunday at the casting director's home. During this encounter, the plaintiff alleged that he was drugged and gang raped by the casting director as well as four other men. The plaintiff brought an action against the employer of the company, inter alia, for violating the California Government Code § 12940 (h). Under that regulation, it is illegal for an employer or organization to retaliate against an applicant or employee because the applicant or employee made a complaint against the employer or organization for unlawful practices. The action was brought against the employer who oversaw the casting director because it was ultimately the employer's responsibility to ensure that the workplace was harassment-free. In this case, the Court of Appeal decided that the plaintiff did have a case if he could provide evidence that his allegations were true, then as a result, strict liability would be placed upon the employer. This meant that the plaintiff in this case only had to prove that the acts actually took place and that the employer was responsible for the casting director's acts, and it did not matter what the employer knew or was supposed to have known about the casting director's tendencies. Today, if an employee was in a similar situation when attempting to apply for a position and was subjected to such treatment, they should reach out to a Sexual Harassment Attorney to discuss their case.

But how could the employer be held liable for what happened at the casting director's home and on a Sunday? The Court reviewed the facts and evidence of the case and was able to conclude that the casting director was acting within his capacity as an employee because he was locating, discovering, training, and acquiring actors, just as he did to the plaintiff. Therefore, even though the incident did not occur at the actual work-site, nevertheless the casting director was acting as an agent for his boss. Importantly, the Court did take into account that the incident took place off-site, and it also occurred outside of work hours. However, the Court found that because the casting director's acts were so closely related to his position of employment that it did not absolve the employer of responsibility. Lastly, it is significant to take note that the plaintiff, in this case, was not an actual employee of the company when the incident took place. The court also took this into account that the plaintiff was not an applicant yet decided that this did not matter and the employer of the company remained liable for the casting director's behavior. This was because the plaintiff was in pursuit of employment which placed both the plaintiff and the casting director in a work-related context.

Here in California, under the Fair Employment and Housing Act, an employer's liability for sexual harassment extends to managers, supervisors, and controllers who foster a hostile work environment. Per Title VII, a manager is seen as acting for the employer when generating this hostile work environment, therefore the employer can be held vicariously liable. Under the California Government Code § 12926(t) and the Fair Employment and Housing Act, the definition of "supervisor" is much broader and considers this title to be anyone who has hiring power, a power to transfer an employee, fire an employee, demote an employee, or even a power to reward an employee.

Liability at the federal level is slightly different. In a particular federal case, an employee was a lifeguard and employed by the city. She brought a suit against her employer because she felt that she was being subjected to a sexually charged as well as hostile work environment which was created by her supervisors. The environment at issue was considered hostile because the supervisors were causing the particular employee and other employees to experience unwanted touching. Here the employee made a claim under Title VII of the Civil Rights Act 1964, 42 U.S.C.S. § 2000e et seq for these acts and the environment imposed on her as an employee. The Court, in this case, found that the employee who brought the action had a claim against her employer by extending the employer's liability to cover the supervisor's acts Faragher v City of Boca Raton (1998) 524 US 775, 807, 118 S. Ct. 2275, 2292-2293. A Sexual Harassment Attorney would be able to evaluate an employee's case for free if they have a similar problem at work and may be able to file suit against the company.

What’s Happening With Sexual Orientation Discrimination In The Workplace?

What's Happening With Sexual Orientation Discrimination In The Workplace?

An Employment Lawyer is an attorney who may represent an employee against their employer in a situation where he or she was treated poorly at work based on their sexual orientation. But what is sexual orientation harassment? What is discrimination against a person's sexual orientation? In order to understand the answers to these questions, it may make more sense to start with the laws that surround these topics and to know who is protected by these laws.

What is discrimination and harassment?

What exactly does it mean to be discriminated against in the workplace? To discriminate is to notice an individual's differences from others and to treat that individual differently from others in a negative way because of that individual's differences. There are employment laws in place that regulate discriminatory practices within the workplace and deem them as unlawful.

Not all forms of discrimination are unlawful in the workplace. For example, it may seem unfair but employees who are over a certain weight may not be a class of individuals who are protected under the law. For instance, if an employee is overweight and is picked on and treated adversely compared to other employees based on being overweight, while It is unkind it may not be considered as unlawful. Employment laws only recognize certain classes of individuals and particular characteristics as being protected. Examples of classes and characteristics that are recognized by the law are an employee's creed, religion, marital status, gender, age, military status, ethnicity, disability, medical condition, veteran status, and sexual orientation. If an employee is singled out and treated negatively based on belonging to one of the recognized classes or an employee is treated poorly based on possessing an acknowledged characteristic, then that may be considered as an unlawful treatment.

Where an employee is treated differently compared to other employees in a negative way and it is because that employee falls under a protected class or bears a recognized characteristic, that employee may have a case against their employer for discrimination. An employer or organization may be held liable for discrimination if the employee can show he or she was singled out based on a protected class or characteristic. It is essential to note that belonging to a protected class or bearing a guarded characteristic does not mean that an employee is automatically granted a right to sue for discrimination and/or wrongful termination. This means that if the unfair treatment is not based on the employee being a member of a protected class or bearing a protected characteristic then it not considered discrimination. For example, George was a 50-year-old man at an online store's warehouse. The law does recognize age as a protected class for employees who are 40 years of age and older. Recently George was fired for being late several times and was caught falsifying his time sheets. In this scenario, although George may qualify as being a person belonging to a protected class, which in this case would be age, he may not be able to prove he was a victim of age discrimination. In George's case, his employer may be able to claim that he was fired because of George's tardiness and fraudulent acts. The adverse treatment needs to be based on the employee belonging to a protected class or bearing a protected characteristic whereas here, George was not exactly Employee of the Month material. George's termination would need to show that it was based on his age. So if George had been told by his boss "hey, you're getting too old for this job" and then thereafter he was terminated, that may be considered as age discrimination.

Discrimination in its application is handled by an Employment Lawyer who represents employees against their employers. In order to even know if you or someone you know has been discriminated against, you should contact an Employment Lawyer in your area.

Harassment in the workplace can come in the form of teasing, name-calling, talking down to an employee, mocking, berating, or bullying. Another form of harassment may be delivered through photos, videos, memes, cartoons, emails, texts, and physical gestures. All of these forms of harassment are categorized as unlawful once the harassment is motivated by the singling out of a protected class. More specifically, if the harassment is based on an employee's sexual orientation, that may be considered as unlawful.

Discrimination and harassment against sexual orientation

Discrimination and/or harassment against an employee's sexual orientation is considered as unlawful behavior because sexual orientation is considered protected by certain employment laws. Sexual orientation refers to an individual's sexual or romantic preference such as homosexuality, heterosexuality, and bisexuality. If an employee is singled out, treated adversely, or treated less favorable compared to all other employees because of his or her sexual orientation, then that may be discrimination or harassment. An employee who is being discriminated against based on his or her sexual orientation may experience being denied employee benefits, being passed over for promotion, reduced pay, reduced hours, or termination. An applicant may also be subjected to unlawful hiring practices which also prohibited by the employment laws.

The laws in employment law hold employers accountable for discrimination even for perceived sexual orientation harassment and/or discrimination. In other words, an employee who is assumed by their employer or fellow coworkers as being homosexual and is not, yet is teased and harassed based on that assumption, may still be held liable for harassment and/or discrimination.

An Employment Lawyer who has handled cases in the past in sexual orientation discrimination and harassment may know the best way to represent an employee who is in a current discrimination or harassment situation at work.

An employee should not have to endure harassment or discrimination if it is based on a protected class or characteristic, especially if the harassment and/or discrimination is based on an employee's sexual orientation. Employees have the right to feel safe in their work environment and employers are responsible for enforcing an anti-discrimination policy at the workplace. The current employment laws are in place to provide protection for employees and they will be enforced if an Employment Lawyer is hired by an employee who is being victimized at work.

What is religious Discrimination and Accommodation?

What is religious Discrimination and Accommodation?

People in America have the right to practice the religion of their choice. But what happens when you try to exercise some of your religious practices at work and your boss does not like it?

• What if you need to wear a certain type of clothing due to your religious beliefs and you are punished by your employer?
• What rights do employees have at work when it comes to their religion?
• Are all types of religious beliefs recognized by the law?
• What type of lawyer handles religion discrimination in the workplace?
• Can I sue my boss for telling me I cannot participate in my religious practices at work? Is religion considered a protected class?
• How do I know if my boss has provided the correct accommodation for my religious related request?

Who and what is protected?

There are laws that pertain specifically to employment law that deem the denial of accommodation for religious purposes to be considered discriminatory. In some employment situations, if an employee makes a request for accommodation regarding their religion and it is denied, that employee may be entitled to sue their employer for discrimination.

Employers are required by certain laws to provide reasonable accommodation to an employee who makes a request for accommodation regarding their religion. The employer is expected to make reasonable accommodation for employees who make a request that has to do with their religious beliefs, religious beliefs that are affiliated with common religions which include rituals, ceremonies, celebrations, customs, and/or practices. For example, some employees may observe Ramadan in which the employee may fast.

"Religion" in employment law means that employers must recognize any religions and/or "religious creeds". Employers technically must recognize an employee's religious system or faith, and the traditions and practices in which the employee exercises for religious purposes. This includes moral, social, and behavior beliefs that are upheld by common religious systems.

A Discrimination Lawyer is the best type of legal professional to consult on employment matters regarding religion and employee rights. Should an employee have any issues regarding their employee rights, they should contact a Discrimination Lawyer for a free consultation.

Being punished just for asking

Aside from even having a request granted/accommodated, an employee who even puts in a request to their employer or Human Resources Department is protected from discrimination. This means that the law recognizes that an employee has a right to make a request for accommodation in regards to their religion without being retaliated against or treated adversely because of their request for accommodation. If an employee is in fact punished for making a request for accommodation because of their religion, an employee may have the right to take legal action against their employer for discrimination and/or retaliation.

There are many ways in which an employee may find themselves being punished for asking for accommodation at work in order to practice their religion. A Discrimination Lawyer is the kind of lawyer who would be able to determine if an employee was in fact punished by their employer for making a request.

How does an employer retaliate?

Retaliation against an employee by their employer is prohibited by law in certain circumstances. If an employee makes a request for accommodation for their religion and thereafter they are treated adversely by their employer directly or indirectly, it may be considered as retaliation.

An employer may retaliate against an employee after he or she makes an accommodation request to their employer or Human Resources department because of their religion. The retaliation may be identified by the employer's actions and/or behavior such as reducing the employee's hours, reducing the employees pay, denying the employee employment benefits, confiscating employee benefits from the employee, and/or choosing other employees over the particular employee for promotion. An employer may also retaliate against an employee who makes a request for accommodation for a religious purpose by making rude comments towards the employee, singling the employee out, name-calling or even reprimanding the employee for bogus reasons.

An example of retaliation would be if an employee's religion called for wearing a clothing that covered his or her face. The employee may make a request to their employer to permit them to wear this type of clothing to work for religious purposes. After the employee made the request the employer may begin treating the employee poorly such as reducing their shifts or giving the employee shifts that the employer knows would cause the employee hardship. In this example, the timeline shows that the employee put in the request followed by being treated poorly. This may imply that the employee was being punished for making the request which is prohibited by law. The employee in this example may have a claim against their employer for retaliation as well as discrimination. In order to carry out this claim, he or she should contact a Discrimination Lawyer to discuss their employee rights.

The test

As an employee who needs to make a request for accommodation or has made a request for accommodation regarding religious beliefs, there is a test that the law uses to determine whether the employer must recognize the employee's particular religion and/or practice. Firstly, the employee's religion must address issues and answer questions relating to the meaning of life, death, and the performance of faith. Secondly, the employee's religion must be all-inclusive in essence, having an actual belief system rather than a secluded form of teaching. Lastly, the employee's religion can be identified by the existence of visible and explicit signs, which for example being a vegetarian would not be recognized.

Last words

So what is religious discrimination and accommodation? Although the above information may somewhat answer this question, it is always best to discuss your employee rights with a Discrimination Lawyer. Each case varies and differs on the facts, therefore a one-on-one with a Discrimination Lawyer is the most efficient way to decide whether you should pursue the matter in a court of law. Make sure to reach out to a Discrimination Lawyer who offers free consultations to potential clients which include no other up-front costs.

Do I need to provide a doctor’s note to verify the need for a medical leave of absence?

Do I need to provide a doctor's note to verify the need for a medical leave of absence?

Taking a medical leave of absence is not ideal for an employee or their employer, but it happens. The law recognizes that sometimes things happen in an employee's life that they have little or no control over which is why there are legal standards that both employees and employers need to meet in order to comply with the applicable laws. Although employees do have rights when it comes to a medical leave of absence for certain reasons, the laws are indeed perplexing. As a result, some employees may find it difficult to even know what rights they have. Hiring an Employment Lawyer or a Labor Attorney would be the type of legal professional an employee should contact to discuss their rights and obtain advice from based on their particular situation.

There are federal and state statutes that regulate leaves of absence and/or affect the rights of employees who take a leave of absence. Although there are federal and state statutes that regulate leaves of absence, the good news is that an employee may utilize the applicable body of law that provides the most protection in their particular situation, which an Employment Lawyer or Labor Attorney will be able to determine. Below are a few points to keep in mind in regards to taking a medical leave of absence.

Who can take a leave of absence?

In most cases, an employee can take a protected leave of absence if they have what a doctor considers as a "serious health condition" such as an illness or injury. An employee may also have a protected leave if their spouse, child, or parent is diagnosed with a "serious health condition." Alternatively, an employee may take a protected leave for the birth of their child as well as to care for the child thereafter. Also, an employee may be entitled to a protected leave of absence for the placement of an adopted child.

Lastly, an employee may be protected in taking a leave of absence if he or she has a family member who is on active duty or in the armed forces.

Am I entitled to paid leave?

An employee is not usually entitled to a paid leave. In some cases however, an employee may be entitled to a paid leave if there is a policy in place at their particular company that ensures that the employee does receive paid leave. Each employee's circumstances differ so it is important to discuss the particulars of your case in deciding whether or not you were or are entitled to paid leave.

Do I need to provide a doctor's note to verify the need for a medical leave of absence?

In a situation where you need to take a medical leave from work, whether or not you need to provide a note from your doctor is a complicated question. Typically, if an employer requests a doctor's note, then an employee may be obligated to provide one from their doctor. Not providing a doctor's note may give the employer the right to deny the employee's request for a leave of absence.

If an employee does put in a request to their employer to take a medical leave of absence, the employer may give the employee a series of forms for their doctor to complete within a specific time frame. An employee who is given documents by their employer should have the paperwork filled out as soon as possible by their doctor and returned to their employer within the time frame specified by the employer. It will be helpful for the employee to keep a copy of all written communications with the employer and all documents related to the leave, as well as keeping a record of all verbal communications between themselves and their employer.

Is my boss required to give me my same job back?

A common concern that many employees have before, during, or after they take a medical leave is whether or not they will be reinstated upon their return. Depending on the specific facts and circumstances of the case, an employee may be entitled to reinstatement upon their return. An employee may have a right to reinstatement is if he or she has a "serious health issue" according to a doctor. In addition to having a serious health issue, the employee would need to have taken no more than 12 weeks of leave. This means that if a doctor diagnoses an employee with a serious health issue and the doctor advises in a form to the employee's employer that the employee needs a certain amount of time off, it would need to be no more than 12 weeks in order for the employee to be entitled to return to their same/equivalent position.

For example, after a recent visit to her doctor, Beth was diagnosed with a serious illness which required that she have surgery within the month. Her doctor informed Beth that after the surgery she would need to be on bed rest for at least 2-3 weeks. Beth is an assistant manager at the factory she is employed at and is now worried that if she takes time off for the surgery she will lose her job. Here, Beth is in a difficult position because she needs to take time off of work to address her medical condition and secondly, she is worried that she is going to lose her job or perhaps be demoted if she does follow her doctor's instructions to take time off. In Beth's case, she may be entitled to her same job upon her return. This is because Beth's doctor has recommended that she take 2-3 weeks off which placed Beth below the 12-week cut-off. Therefore Beth may not have an issue being reinstated upon her return.

Every case varies due to the complexity of the laws that regulate leaves of absence for employees. Certain factors may be taken into consideration in deciding whether or not you may obtain your original position such as how essential your position was at the company. If you are an employee and have questions related to a leave of absence, you should reach out to a Labor Attorney to discuss whether any of your rights were violated and if your employer complied with the leave of absence laws.

Can my employer ask about my race?

Can my employer ask about my race?

Can an employer ask an employee or an applicant about their race? The short answer is technically no. In some states, it is legal for an employer to inquire about an employee or an applicant's race. California is one of the few states in America that prohibits race-based affirmative action. This means that an employer is not permitted by the law to ask an employee or an applicant what their race is in order to decide whether to provide employment opportunities or not to a particular individual. A Discrimination Attorney in California may be able to provide legal advice to an employee or applicant if he or she was discriminated against based on their race. Below there are some points to consider when dealing with race discrimination in the workplace.

What is race discrimination?

Discrimination laws, in general, were enacted to create equality in the workplace. The laws are meant to prevent employees that belong to a protected class or bear a protected characteristic from being discriminated against because of their differences. The race is considered protected under the law.

Race discrimination in the workplace is where an employee is treated differently from other employees in a negative way based on the employee's race. Race pertains to an employee's ethnicity or ancestry. These laws that prohibit race discrimination do not only apply to long-established groups of minorities, but to all groups of employees and applicants. In other words, the laws are to protect "race" and "color" in general and is not meant to only protect certain groups exclusively. Although race and color may coincide and appear to be interchangeable concepts, the law identifies them as separate claims in a discrimination case. In federal court, the laws that regulate race discrimination identify employment decisions based on stereotypes to be unlawful. For example, an employer who refused to hire an applicant based on the fact that the employee was born and raised in Mexico and based on the assumption that "all Mexicans are lazy" would be considered under federal laws as race discrimination.

Examples of race discrimination would include name-calling, teasing, ostracizing an employee, denying the employee benefits, reducing the employee's pay, deducting the employee's work hours, reprimanding the employee for bogus reasons, or termination. An applicant who is denied employment based on their race is also considered race discrimination and an applicant may be entitled to recovery in that situation.

Another example of racial discrimination may be if an employer requires that all employees only speak English while at work. In other circumstances, an employer may be found liable for race discrimination if he or she makes a decision about whether to hire someone or not based on the applicant's accent. The only way an employer may negative liability for not hiring an applicant based on the applicant's accent is if the accent substantially interferes with the main roles of the position.

Going back to the original question of whether an employer can ask about an employee's race, if an employer were to do that, it would be considered as race discrimination. Race should not be considered when hiring an employee as this does not make employment opportunities equal to all individuals. Keep in mind that all cases depend on the circumstances and would need to be determined on a case by case basis. In order to ultimately determine if an employee or an applicant should take legal action, he or she should seek advice from a Discrimination Attorney.

Taking legal action

First and foremost, in order to begin legal proceedings, an employee or applicant must first confirm whether or not he or she even has a claim. The way in which an employee or applicant can confirm whether he or she has a claim against an employer or organization is by consulting a Discrimination Attorney. A Discrimination Attorney is a type of legal professional who handles cases where an employee or applicant may need legal representation against an employer or organization. A Discrimination Attorney is the type of lawyer who can look over a set of facts and the surrounding circumstances to determine whether an employee or applicant has a claim of discrimination.

Once an employee or applicant arranges a free consultation with a Discrimination Attorney, the attorney may ask certain questions such as how long was the employee employed at their job, when did the discrimination begin, why did he or she feel they were being discriminated against, how many employees are at the company, have any other employees be discriminated against and how, has this particular employee made a formal complaint, have any other employees made a complaint, and specific details on how and why the employee felt as though he or she was discriminated against. By collecting these details, the Discrimination Attorney can advise the employee or applicant on whether he or she should continue in pursuing a claim of discrimination.

Anti-discrimination laws and policies have expanded and matured over the years through the establishment of state and federal statutes. An employee can find what their rights are and what laws are in place that prohibits discrimination under California's Fair Employment and Housing Act (FEHA) and Title VII of the Civil Rights Act of 1964. Depending on the circumstances an employee or applicant may have the choice of either filing their suit under either the Fair Employment and Housing Act or Title VII. This is also a decision to discuss with a Discrimination Attorney.

Taking legal action against an employer or organization is a hefty decision to make but by having a face-to-face meeting with a Discrimination Attorney, an employee or applicant can have a more educated decision in deciding to proceed. Plus, there are firms that offer free consultations which provide employees or applicants with the freedom to explore their legal options without paying any up-front costs. Again, in California, it is considered race discrimination for an employer to ask an employee or applicant about their race and it is unlawful for an employer to treat an employee adversely based on his or her race.