Los Angeles, California Employment Law Blog

Discrimination, harassment and retaliation settled by Democrats

On behalf of Alexander Krakow + Glick LLP posted in Discrimination on Monday, January 6, 2020.

The California Democratic Party has recently settled lawsuits filed by a leader who used to work in the organization. There were three lawsuits filed, all naming Eric Bauman as an aggressor in incidents involving sexual harassment, unwanted physical contact and other unacceptable situations. The discrimination, harassment and retaliation lawsuits were recently settled, one of which was settled for a sum of $1 million.

Bauman resigned his post in the organization in 2018 after an investigation revealed wrongdoing and various types of inappropriate behavior instigated by Bauman. Ten different people came forward claiming that he touched them in a sexual manner or made sexually offensive comments in professional settings. The plaintiffs claimed that the political party did not do enough to protect them against these types of incidents.

Comparing pay stubs and personal records can help spot wage theft

On behalf of Alexander Krakow + Glick LLP posted in equal pay and compensation on Monday, December 23, 2019.

Getting paid is something that most people find the most appealing about their jobs. They may count their hours, add up paychecks that are on the way and think about what they will spend their earnings on. Of course, some workers can be taken aback if the checks that they receive and what they anticipated do not show the same amount. In some cases, that could point to wage theft.

California residents who keep up with their hours worked and the amount of compensation they should receive are on the right track. Even if they have never had an issue with their compensation before, knowing this information can help them spot wrongdoing immediately. In some cases, lower pay could simply be a mistake, but consistent errors could point to illegal actions.

Are you the victim of a hostile work environment?

On behalf of Alexander Krakow + Glick LLP posted in employment law on Friday, December 13, 2019.

Everyone in California has the right to enjoy a working environment that is free from hostility. Unfortunately, many individuals find their work settings to be less than ideal. If a person feels he or she is commonly subjected to a hostile work environment, there is something that can be done about it. However, it is first necessary to determine if what is going on meets the legal criteria required to take action.

A lot of people have co-workers and managers with whom they do not get along. This does not constitute a hostile work environment. By definition, a hostile work environment is one where the actions, behavior or communication of co-workers or bosses make it impossible to do one's job. A hostile work environment in one where discrimination, harassment or retaliation is a problem.

Race should have nothing to do with equal pay and compensation

On behalf of Alexander Krakow + Glick LLP posted in equal pay and compensation on Wednesday, November 27, 2019.

Wanting to get paid fairly for one's work is understandable. Unfortunately, even in today's world, where more women than ever are entering the workforce, they still are making less than men. According to a recently published article, Latinas, in particular, are severely affected. What can this population in California do to help themselves receive equal pay and compensation?

It is believed that Latinas are paid half as much as white males and 31% less than white females. A national poll concluded that nearly 70% of the population was either unaware or didn't realize the size of the pay gap. It is shocking, to say the least.

Would you recognize "quid pro quo" sexual harassment?

On behalf of Alexander Krakow + Glick LLP on Thursday, November 21, 2019.

The issue of sexual harassment has finally made its way from the back burner to the front, thanks to the exposure it receives from the #MeToo movement. More people here in California and across the nation are coming forward with their stories and are no longer suffering in silence.

Even with the additional exposure, sexual harassment can still be challenging to prove. In fact, some people may not readily recognize they are victims of this type of harassment. For instance, a superior or hiring manager may make subtle innuendos regarding the desire to trade sexual favors from the employee or applicant in exchange for some benefit to the employee or applicant.

Doctor wins big in wrongful termination case

On behalf of Alexander Krakow + Glick LLP posted in wrongful termination on Friday, November 15, 2019.

A doctor in another state lost his job in 2015 after reporting a safety issue he noted at the hospital for which he was employed -- Massachusetts General. Initially, a spokesperson for the hospital stated he was fired due to a patient confidentially violation; however, hospital officials have since changed their tune and opted to settle the matter. What this physician has been put through is not necessarily a unique situation. Numerous California residents may find themselves victims of wrongful termination for reporting issues at their places of work. They, too, can seek compensation for any damages they experience as a result of their loss of employment.

According to a recently published report, the doctor mentioned above -- a 67-year-old male -- was offered $13 million and job reinstatement. The hospital also agreed to name a safety initiative after him. He refused the job offer, however, and has been named an honorary staff member instead.

Jury awards millions in discrimination

On behalf of Alexander Krakow + Glick LLP posted in Discrimination on Thursday, October 31, 2019.

One's workplace should be a safe place. It should not be a place where certain aspects of one's personal life affect how one is treated. Unfortunately, discrimination in the workplace is a very real problem in California and elsewhere. A recent case in another state shows just how seriously this issue is taken.

According to reports, on Friday, Oct. 25, after a week-long trial, the jury hearing an employment discrimination and retaliation case awarded the plaintiff nearly $20 million. This case all started back in 2014 when, after over five years of trying to achieve a promotion, a police officer was told that his sexuality was an issue and the reason behind his inability to achieve lieutenant status. Two years later, this officer filed a discrimination claim with the Equal Employment Opportunity Commission. One month after doing so, he was moved to another station further away from his home and assigned the night shift. This caused him to file a retaliation claim as well.

Disability discrimination is real and illegal

On behalf of Alexander Krakow + Glick LLP posted in Discrimination on Friday, October 18, 2019.

When it comes to employment, there are various protected classes in the United States. Those in these classes cannot be discriminated against, and if they are, they may have legal recourse. This week, this column will specifically address disability discrimination and what California residents who are victims of it can do about it.

If an employer treats a disabled person -- whether he or she is a job applicant or a current employee -- unfavorably because of his or her disability, the employer is said to have committed disability discrimination. The Americans with Disabilities Act prohibits employers from refusing to hire, failing to promote, refusing certain job opportunities or wrongfully terminating a person -- among other things -- because of his or her disability. Employers are required to accommodate disabled employees -- within reason.

Don't be afraid to be a whistleblower

On behalf of Alexander Krakow + Glick LLP posted in whistleblower on Friday, October 4, 2019.

While the vast majority of businesses in California operate above board, there are a few where employees may notice questionable, possibly illegal things taking place. Those who are witness to such things have every right to speak up. A whistleblower should feel free to express concerns without fear of retaliation.

There are both state and federal laws in place that protect whistleblowers. In order to be protected under state or federal laws, a whistleblower has to have reason to believe his or her employer is violating the law. He or she also has to report the issue to the proper authorities -- either one's employer or a federal agency.

Women still dealing with lower wages for the same work

On behalf of Alexander Krakow + Glick LLP on Tuesday, September 24, 2019.

Celebrities at award shows may make the headlines by calling for equal pay for the work they do. However, in their glamor and spotlights, they may not speak for you. While Hollywood has brought to light many important issues, ultimately, you are the one whose paycheck is less than your male counterparts.

In fact, actors have been using their podiums to call for equal pay for some time. Nevertheless, the gender gap has not changed in the past several years. You may feel like it is a futile fight, but this is not necessarily true. If you believe your employer pays you less because you are a woman, you have the right to seek a just wage through the civil courts.

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