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What Is Sexual Harassment In The Workplace?

What is sexual harassment? According to the DFEH (Department of Fair Employment & Housing), sexual harassment is any unwanted sexual advances, visual, verbal or physical conduct/contact of sexual nature. The definition of sexual harassment encompasses many forms of offensive behavior, including gender-based harassment directed towards persons of the same sex.  The DFEH is the agency responsible for protecting California employees and job seekers from employment discrimination.  According to the DFEH, sexual harassment includes but isn’t limited to the list of behaviors below: Sexual harassment examples  i. Verbal conduct, such as using/making derogatory comments, slurs, epithets, and jokes. Verbal abuses of […]

Legal Guide to Discrimination in the Workplace in 2019

Under California law, employees discriminated against are protected by the Fair Employment and Housing Act (FEHA). Federal law also protects the rights of job applicants and employees, but on a more limited basis than California through the following statutes: The Civil Rights Act of 1964 The Americans with Disabilities Act The Genetic Information Nondiscrimination Act of 2008 The Age Discrimination Act The Equal Pay Act of 1963 Discrimination in the workplace occurs when adverse material actions are taken against an employee or individual applying for employment as a result of certain protected classes, including: Race Religion Gender Disability Sexual Orientation […]

Legal Guide to Pregnancy Discrimination in the Workplace in 2019

What is pregnancy discrimination? Treating women employees or job applicants unfavorably because they are pregnant or have a medical condition/s related to childbirth or pregnancy amounts to pregnancy discrimination in the workplace.  Examples of pregnancy discrimination in the workplace Pregnancy discrimination in workplace cases come in many forms. The main ones include: Discrimination in hiring, firing, promotions, etc. Lack of accommodation Harassment Denial of right to maternity/parental/pregnancy leave Denial of additional rights under the FMLA I. Discrimination in hiring, firing, promotions, etc. If you are denied employment or fired after getting pregnant, such actions translate to pregnancy discrimination. The same […]

Legal Guide to Disability Discrimination in the Workplace in 2019

What is disability? To understand disability discrimination, it’s important to define the term disability.  First and foremost, the law doesn’t protect everyone with a health/medical condition. To be considered disabled, you must have all of the following: A mental/physical condition which limits major life activities like walking, hearing, seeing, talking, and learning significantly. A history of disability i.e., cancer in remission  A mental or physical impairment that isn’t transitory, lasting 6 months or less and minor even in the absence of such an impairment What is disability discrimination? Disability discrimination is defined under the ADA (Americans with Disabilities Act) and […]

Legal Guide to Religious Discrimination in the Workplace in 2019

What is religious discrimination? The EEOC – the federal agency responsible for administering and enforcing laws against discrimination in US workplaces defines religious discrimination as; treating an employee or applicant unfavorably because of their religious beliefs or practices.  Individuals who belong to traditional organized religions like Christianity, Islam, Hinduism, Buddhism, and Judaism are protected by the law (Title VII, of the CRA of 1964) from discrimination. The protections extend to individuals who hold religious, moral, and ethical beliefs. Religious discrimination extends to treating a person differently because they associate with or are married to individuals who practice a certain religion.  […]

Legal Guide to Racial Discrimination in the Workplace in 2019

Treating a job seeker or employee unfavorably based on their race or personal characteristics/attributes associated with race (like skin color, hair texture, or facial features) amounts to racial discrimination in the workplace.  Color discrimination is a form of racial discrimination solely based on a person’s skin color. Although racial discrimination or racism is usually associated with perpetrators of another race, discrimination can also be inflicted by persons of the same color or race.  Racial Discrimination in the Workplace Laws Although state anti-discrimination laws exist in different states in the US, they mirror federal anti-discrimination laws on race, specifically Title VII […]

Legal Guide to Gender Discrimination in the Workplace in 2019

What is gender discrimination? Gender discrimination in the workplace refers to negative or unfair treatment in the workplace because of a person’s gender. While men and women are all victims of gender discrimination in US workplaces today, women tend to suffer more than men (42% vs. 22%). Types of gender discrimination in workplaces Gender discrimination in the workplace can take many forms. The main forms include: Stereotyping Harassment Discrimination in recruitment, remuneration, and layoff Unequal pay for equal work Redundancies 1. Stereotyping Gender stereotypes can take several forms in the workplace. For instance, you shouldn’t be expected to take on […]

Legal Guide to Age Discrimination In The Workplace in 2019

What is age discrimination? According to the United States EEOC (Equal Employment Opportunity Commission), age discrimination is treating applicants or employees less favorably because of their age. Age discrimination in the workplace is forbidden in the ADEA (Age Discrimination in Employment Act). According to the ADEA, age discrimination is applicable to older persons only (persons aged 40 and above). Although there are states in the U.S. with laws protecting younger workers from being discriminated based on their age, it isn’t illegal for employers to favor older workers over younger ones even when both workers are aged 40 or above. Age […]

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