New California Bills Passed: Sexual Harassment in the Workplace
Photo Credit: Ditty_about_summer / Shutterstock.com In order to encourage a safe and friendly working environment, the CA state legislature has passed several bills which are meant to curb sexual harassment in the workplace. The bills were signed on September 30th, 2018 by the California Governor Edmund G. Brown Jr. The act mainly intends to protect women and children who are at risk of sexual harassment and any kind of discrimination at their workplaces. Apart from the harassment, the bills also address a number of issues at workplaces including: Sexual harassment training Professional liability Encourages whistleblower protections Discrimination and Sexual Harassment According to the new bills, it is unlawful for an employer or any other employment agency to discriminate and harass employees. The act, which is enshrined in the Fair Employment and Housing Act (FEHA), requires employers to take drastic actions that will prevent harassment and discrimination from occurring at their workplaces. Some forms of prohibitive harassment that have been outlined by the law include gender-based harassment, sexually-motivated harassment, and pregnancy-based harassment. Whistleblower Protection The new bill is also designed to protect the interest of the employees who report any form of sexual harassment or discrimination. The bill protects the whistleblowers from being intimidated, dismissed from the job, or undergoing any form of punishment because of reporting a harassment case at the workplace. Bystander Intervention Training The act also requires employers who have more than 50 employees to train their supervisors on the issues of sexual harassment and other forms of discrimination. The training should be done within six months after one has assumed the supervisory role in the organization. This act also requires employers to train their employees on appropriate intervention moves that can prevent further harassment. The skills may cover both physical and mental intervention moves. The Issue of Minors FEHA also intend to protect minors who are already working in the entertainment industry. The act requires all the talent agencies to train minors on the issues of sexual harassment and discrimination. The agencies should provide adequate materials that contain these training. The content of the training should be provided in a language that can be understood by minors. They must also be trained on how to respond to incidents of harassment. Enforcement The Department of Fair Employment and Housing had been mandated with the responsibility of enforcing the FEHA act. It will receive, investigate and prosecute complaints regarding harassment. How UELG Can Help You! United Employees Law Group (UELG) is a law firm that is dedicated to helping employees who are facing all forms of harassment and discrimination at their workplaces. You only need to consult us and we will embark on a process that will ensure you get justice. Give us a call today!
Beating Sexual Harassment
“Sexual Harassment:…any undesirable act or conduct with sexual undercurrents that adversely affect the beneficiary’s workplace.” We’re all acquainted with outrageous demonstrations of sexual harassment, for example, a squeeze on the backside, gazing, lecherous comments and disturbing endeavors at touching. With regards to genuine cases of sexual harassment, everybody should comprehend what to do. Report the culprit to the experts as quickly as time permits. This individual is risky and should be dealt with ASAP. Then again, shouldn’t something be said about those little examples of sexual harassment, which make everyone feel weird? What about when somebody offers an unwelcome: ‘You look hot!’ What about when somebody looks over at you and it feels awkward? In any case, on the off chance that somebody just discloses to you that you look delightful, is that sexual harassment? In spite of the fact that I, for the most part, vanquish the field of history, this article will look at the issue of sexual harassment in regular day to day existence, how you can separate it from negligible consideration, and what you can and ought to do regarding it. Cultures Matter The truth of the matter is, sexual harassment is distinctive to every one of a kind individual. What influences one lady or man to feel sexually awkward may be adequate for another. Culture plays a turn in how extraordinary individuals see sexual harassment. Western culture is more adaptable, yet what may be an ordinary basic joke to an average American may be viewed as sexual harassment to somebody from the Middle East. The most effortless approach to recognize what is or isn’t sexual harassment is to characterize it. This is with respect to the idea of a connection between those included and to decide if the activity is unsuitable. While two individuals who are close and are companions with each other for quite a long time, which have cooperated AND associated for a considerable length of time, may be happy with sharing a dirty joke among themselves, two individuals who just know each other through work presumably shouldn’t share such a joke. One individual may consider such a joke hostile or appalling. That can undoubtedly constitute sexual harassment. Unintended Harassment A basic, “that pullover looks beautiful” comment given by a male manager to a female representative could be misconstrued, too. While these illustrations are not genuine offenses, they can cause pressure and can yield undesirable results. Title VII In 1964, the government extended Title VII, explaining sex separation and sexual harassment parameters. This was a defining moment with respect to what is seen as sexual harassment. As late as the 1970’s, remarking on a lady’s appearance or shape, or a male’s sexual proclivity was acknowledged as normal and even hilarious. Presently we perceive these activities as inconceivable in the workplace. Title VII has disengaged the working environment, characterizing that specific things are not adequate, for example, “the production of an antagonistic workplace; the conduct of same-sex harassment has been incorporated inside the preclusions; managers have been cautioned that they should embrace grievance systems; and bosses have been held subject to culpable lead notwithstanding when they guaranteed to have not known about it.” Using HR Certain offenses ought to be taken to administrators and revealed. Much of the time, sexual harassment can be settled inside the HR division of the work environment through a grievance hearing or a meeting and these kinds of conduct can be abridged. In the event that they don’t stop, common suits and even criminal suits can be recorded in court. These cases are usually not simple and the grievance or trial process aren’t by and large pleasant, however in instances of repeat offenses, they should be managed in an official way. Basically, genuine instances of sexual harassment must be authoritatively managed and put on the record somehow, so the conduct can be appropriately dealt with. Then again, the less serious cases can regularly be managed on a coordinated premise to talk about any worries. Much of the time, individuals don’t understand that they are sexually segregating or sexually pestering someone else. A straightforward joke or remark to them is only that. They don’t understand that it is rude to you or that it influences you to feel bothered. The ideal approach to manage this conduct is a direct of correspondence with the wrongdoer. Dealing With Harassment By going up against an associate and revealing to them that you don’t enjoy getting hit on, that you don’t consider dirty jokes amusing, or that remarks about how you dress make you to feel awkward, you can often stop the issue from developing further. You don’t need to be mean, simply firm and decided. As a rule, you will likely get an expression of remorse, and a sincere declaration that it won’t occur again in light of the fact that they did not understand that their conduct was inconsiderate. Keep in mind everybody is distinct in the way they were raised and they might not see things the way that you take them. By and large, you can utilize this as an instructive tool. You can likewise enable the individual to improve when they figure out how their conduct can be taken as hostile. In the event that such conduct continues legal action must be taken. You should record a grievance to deal with the issue. Getting Help Numerous businesses give help with such cases yet in the event that not look for proficient help. The shame of sexual harassment can’t be disregarded, or significant issues, from depression to alcohol abuse, can emerge. As it is with most mental injuries, however, correspondence quite often is by all accounts the way to mending. Speaking with a wrongdoer who doesn’t understand what they’ve done wrong can improve their understanding of the situation. Speaking with managers or experts can help take to care of more serious offenses so they never happen again. Speaking with friends, family, or a mentor about how the occurrence influenced
Things to Know About Workplace Sexual Harassment
Sexual mistreatment at a workplace is one of the most burning issues being faced by people today. It refers to unnecessary personal remarks, advances or behavior which is indulged into by employees or higher authorities. According to the law, asking for sexual favors or conducting offensive behavior at a workplace is considered as sexual harassment. If you have been facing a similar issue, you have to take some steps and hire a sexual harassment lawyer. Fighting these things on your own is difficult. Get in touch with United Employees Law Group lawyers to discuss the problems you are facing in the workplace. Here are some of the steps you should take if you have been facing this issue: Know the approach It is crucial to know and understand the person’s approach before concluding anything. As putting these allegations of sexual harassment has to be done with a strong base, try to know and understand what the person is trying to communicate to you. If the issues are related to sex or sexual favors, the person can be punishable by law. Hence, make sure you analyze things right. Gathering the evidence Evidence play a major role in the case where sexual mistreatment is involved. For putting your case together, you might have to follow the steps that are asked by you United Employees Law Group lawyers to follow. As everything might not be in black and white, you might have to get proof in cautious manner. That way, your case becomes stronger. Reacting strongly In a case of sexual advances, if the complaints go unheard by the management, it becomes crucial for you to react strongly. As a part of it, you must give a proof that you have been touched inappropriately. The culprit can also be prosecuted if the evidence of physical altercation is given by providing medical documents. Sometimes employees are also affected by the display of unwanted affection or inappropriate touching. If you have felt uncomfortable with such things, you must bring it to the notice of your employer at the earliest. Apart from the problems mentioned above, employment discrimination based on race, gender, religion, disability, etc. is also faced by working people every day in the workplace. If you have been facing any such problems, get in touch with United Employees Law Group. Photo Credit: Shutterstock/Ditty_about_summer
Workplace Relationships
Relationships within the workplace are not, per se, considered harassment; but it is plausible for those of a romantic nature to lead to situations that give rise to claims of harassment. Do note that harassment is a form of employment discrimination that involves behavior that is hostile, inappropriate or unwanted within the workplace. The following are the most common ways in which a relationship within the workplace can lead to liability issues: Conflict of Interest Claims – Relationships within the workplace can often lead to favoritism. Moreover, benefits, perks, opportunities and work being allocated unfairly or even inappropriately. Claims of a hostile work environment – Employees outside of the relationship could plausibly file a claim for hostile work environment should the relationship become the result of physical sexual or verbal behavior within the workplace. Claims of sexual harassment – Workplace relationships, especially those between a subordinate and a supervisor can often expose employers to sexual harassment claims. Additionally, targeting and/or coercion can be the result of a romantic workplace relationship that ends under the umbrella of bad terms. Former partners can begin to target their prior mates for humiliation or harassment in the workplace out of pure spite. How Can Liability Be Avoided Regarding Workplace Relationships? Liability associated with workplace relationships can be avoided via the implementation of companywide dating policies that are explicit in nature. Implemented policies should be able to prevent the vast majority of problems associated with such relationships as long as they are uniformly enforced and clear. The policies that are most often utilized are as follows: Management and Documentation – A policy of management and documentation requires that employees disclose any and all workplace relationships to their superiors or the human resource department. Typically, such employees are required to sign documentation that states that the relationship is completely consensual and there is a complete understanding of the company’s discrimination policies. The employer will then have to conduct a degree of monitoring in regards the ensuring that there is no abuse of power or any amount of favoritism. Partial Ban on Workplace Relationships – A partial ban will only prohibit relationships between subordinates and supervisors. This is a ban that is not inclusive of executive members of a company and their desire to date anyone within the company. A Complete Ban on Workplace Relationship – This type of ban would prohibit dating between any employee regardless of stature or tenure within a company. This type of ban does pose enforcement issues in addition to problems with how to properly discipline violators. Photo Credit: Shutterstock/Rido
Discrimination in the Workplace
The UELG (United Employees Law Group) is a California based employment law firm that is devoted to helping employees who have been subject to discrimination in the workplace. The organization provides assistance to employees through class action in recovering damages and addressing unfair treatment by employers (wrongful termination, harassment, etc.). Over the years, UELG has incessantly grown in popularity as many of their clients come through referrals from other satisfied clients. They are reported to have handled more than 1500 employment cases, with their clients having been awarded about $250 million dollars. UELG justly is an authority on California labor law and other California employment law issues. The organization is ever ready to go the extra mile to provide employees with the right resources, so that they may find the help they need. As an employee, you can seek their support if you have a claim under California’s or Federal Discrimination laws. Let’s have a look at cases that are protected under the workplace discrimination laws. DISCRIMINATION BY REASON OF DISABILITY- This includes discrimination in hiring, termination, pay rate and raises, promotions, fringe benefits, job assignment, layoffs and training requirements. Federal and state labor laws prohibit any type of harassment of disabled persons (defined under the ADA and the Rehabilitations Act.) in the workplace. This can include undue teasing and offensive comments that are persistent enough to create an unfriendly environment. DISCRIMINATION BY REASON OF AGE- This can be a complicated area, so make sure you can prove that the discrimination was done based on age and not just to save money. It is clear prejudice to hire people under a specific age on the pretext of “old people being slower”. RACIAL DISCRIMINATION- This kind of unequal treatment can have numerous features. You could be ignored for a less qualified individual of a particular race or consigned to specific employments taking into account your race. This sort of stereotyping IS DISCRIMINATION! Keeping in mind the end goal to have a case for race separation you should demonstrate the valid proofs. In any case, evidence is key. SEXUAL DISCRIMINATION- These cases might be brought under the two unique categories. A disparate treatment case includes an association’s arrangement which treats comparatively arranged workers in an unexpected way, in light of their sex or sexual introduction. In disparate impact cases, an individual must demonstrate that the association’s approach, has an unbalanced antagonistic effect on persons of one’s own sex or sexual introduction. Photo Credit: Shutterstock/Rawpixel.com
Sexual Discrimination in the Workplace
In every work environment, there are various forms of discrimination that usually take place. The most common is the sexual discrimination in the workplace. Though most people see it as a form of discrimination that only happens to female employees, sexual discrimination also happens to male employees. Another common myth is that sexual discrimination only applies between an employer and an employee. However, this particular discrimination can range from bosses to fellow co-workers or part-time employees. Sexual discrimination within the workplace, also known as gender-based harassment, can be said to be the discrimination against an individual based on their sexual orientation. For a male dominated the workplace, the female employee might be discriminated against when it comes to allocation of duties. It’s a criminal offence to discriminate against anyone in the place of work as a result of his or her sex. This type of discrimination can be direct or indirect. Direct discrimination is where an employee gets mistreated because of their sex. The indirect sexual discrimination within the workplace occurs when the employers presume what kind of work a particular gender can or cannot do. The different scenarios of sexual discrimination within the workplace can be one of the following. When someone within the workplace makes unwanted advances in exchange for promotions or keeping your job, using your private information so as to coerce sexual favors, or sexually charged workplace scenarios. These scenarios include offensive jokes get shared throughout the workplace, harassment through social media, or asking offensive sexual inquiries about your sexual identity. Other firms go an extra mile and have different payment rate for men and women. There are other companies that fail to promote women assuming that the male staff won’t respect her as the manager. The consequence of sexual discrimination within the workplace in California is punishable by law. A firm that practices it might be forced to pay the damages or compensate for any losses the employee suffered. In California, there are laws that protect employees from the degradation that comes with sexual discrimination within the workplace. Though it might be difficult to measure the value on an employee’s feelings and the effect of sexual discrimination, the employment law in California tries to protect employees. The California law prohibits sexual discrimination in both private and public workplaces. If you, or someone you know, are facing legal issues in the workplace United Employees Law Group has the answers. Call Today for your free and confidential case review. Please feel free to CONTACT US with any questions about this blog or your exact situation. Photo Credit: Shutterstock/Dmytro Zinkevych
Is Your Company Prime to be Sued by the EEOC?
Sexual harassment and discrimination are about as old as the workplace itself, what workers don’t know is just how important WHO commits the harassment is. Most employees know that harassment can come from anywhere within the company, but did you know that if it is committed by a manager or executive the company in its entirety can be held accountable for the discrimination or harassment. In addition if a peer or subordinate has committed the offense and management can be shown to have been aware and done nothing to stop it the company may again be held accountable. Your company actually bares the responsibility to protect the rights and wellbeing of all employees while on the clock. This is why the EEOC takes on cases such as the here. In the case of one receptionist who was being harassed by a patient. We usually consider it the company’s issue if an employee is committing the harassment, but it is responsibility of your employer to protect you at work. The secretary working for the Virginia Community Health Systems was being repeatedly harassed by one of their patrons. Though she reported the problem repeatedly the company continued to place the customer above their employee and refused to remove him or move her to avoid contact comfortably. Because the company’s actions or lack thereof created a hostile work environment they can be held accountable for the damages. The important detail in this case is the word “REPEATEDLY.” The EEOC stepped in because despite the repeated offenses and repeated requests for remedy the company repeatedly ignored the issue. When your company fails to do the job of protecting the rights and wellbeing of those who work for them organization such as the EEOC must step in. Does any of this sound TOO familiar? What are the signs that you may have a case, and what do you do next? FIRST: Report your issues IN WRITING as soon as you can, either to your supervisor or the harasser’s, and be sure to report ALL incidents not just one. SECOND: Get DETAILED, the more specific you are with the incident report as well as the remedy you are seeking the more ground you have to stand on. THIRD: ESCALATE; if the manager fails to address the issue right away go to HR they are more likely to be impartial and act quickly. DO NOT WAIT! If you are dealing with harassment or discrimination at work you need to contact an employment attorney right away. Do not wait for the company to have time to try and cover their tracks or create a different picture of events. CALL UELG today for a completely free, risk free evaluation. Photo Credit: Shutterstock/ Africa Studio
Employers Sued by the EEOC for Failing to Protect Employees
Harassment at work is nothing new, but many employees do not understand the significance of the WHO. While most instances of harassment occur between employees, if the abuse of power is coming from a supervisor then the company itself can be held accountable as well as the harasser. If the harassment was committed by a co-worker or a subordinate, your complaint must be shown to have been addressed by management. In one unusual case the EEOC took on the case of a receptionist who was being sexually harassed by a patient. The case claims that her employer, Virginia Community Health Systems, failed to protect her from the abuses and put the patient before the rights of their employee. This case may set an important precedence as companies are usually only accountable for their employees. The key factor in this case is “REPEATEDLY.” The reasoning for the EEOC to take on this case was the claim that there was a hostile work environment created because the company failed to remove the patient who made repeated, sexually explicit comments toward the employee as well as touching her inappropriately. The company made no effort to move the offender or the receptionist, effectively ignoring her need for a safe work environment. Could this be you? What do you do about harassment at work? #1 Report the problem ASAP and IN WRITING to your supervisor or theirs; do not hesitate to report each incident. #2 Be specific about the remedy you are seeking, i.e. removal of the offender, a transfer etc. #3 If management fails to remedy the problem quickly file your complaint with HR. If you have made your issues known to management and HR, and they either fail to fix the problem or punish you in any way with retaliation of any kind, you need to call an attorney right away. United Employees Law Group is here to help with a free and completely confidential consult. Don’t wait until it’s too late. Photo Credit: Shutterstock/Rido
Is it Really Worth Suing Your Company?
How your attorney builds your case will make a big difference in how personal it gets. Know before you get involved, just what it’s worth to you. It should go without saying that there are a multitude of different types of legal cases, and how those cases are proven can vary greatly. For this reason you can face very different levels of personal scrutiny, dependent on how your legal team decides to try your case. Some cases are cut and dry; others rely heavily on personal opinion and witness or expert testimony. Cases such as harassment or discrimination usually involve some level of compensation based on personal trauma, the proving of which can become very personal. Just consider that if you are going to prove that the abuses you suffered under your boss caused mental and emotional problems for you, then you will have to prove that those issues did not exist before the abuse, and obviously the opposing side will do their best to prove they did. This can mean dragging up anything they can find that they think might sway the decision in their favor. It’s clear why cases like this which can rely heavily on opinion and not as much on facts can be more difficult to prove, not to mention harder on you as the plaintiff. At UELG we help to bolster such cases in TWO IMPORTANT WAYS: Number ONE: we work to build a winning case based on the hard FACTS. We have worked long and hard to create a system to weed out all possible violations your company might be committing, and finding the proof they don’t even realize exists. There is a simple principle; a company breaking one law is most likely breaking others. We look at each case from all sides to build a multifaceted case. If we can prove the employer has been willing to violate wage and safety laws, it is more believable that they have committed other offenses as well. By collecting digital proof of these problems we can often push for a settlement without ever putting you through an actual trial. Number TWO: You are probably NOT ALONE. It is actually quite rare that an employer would single out only a one individual to commit any labor law abuses toward. This means there is a good chance you have coworkers dealing with the same problems. We specialize in employment class actions and can help you collect based on the larger group in many cases. This does not mean you have to go out recruiting your coworkers. We can open a case based on just your complaint and then help build a class completely confidentially. United Employees Law Group builds winning cases and we have helped many just like you. Call today and let us get to work putting things right. Photo Credit: Shutterstock/ GaudiLab
We Do Not Work in the Wild West!
We may live in the wild west, but as an employee in the great state of California we all have rights; rights that have been carefully constructed and governed by the Labor Code of California. The unfortunate truth is, a good number of violations go unchecked and unaccounted for every year because the employees who experience the abuse either don’t know their rights or fear retaliation if they speak up. In many cases these violations begin small such as being asked to take care of some small task after you have already clocked out at work. But these kinds of small infractions can quickly grow to larger abuses of you time, your paycheck or your person. All too often it is the victim who keeps quiet for fear that THEY will be the one who faces adverse consequences if they make waves. This is especially true in cases where there are long standing practices favoring certain employee’s rights over others. Thankfully you live and work in California and we have strong whistle blower and anti-retaliation laws to protect you if this sounds al too familiar. In fact there were new laws added this year to strengthen the resolve of employees who have had enough. NOW IS THE TIME! Were you fired, threatened with termination, suspension, demotion, abused or retaliated against after you spoke out or filed a complaint against a supervisor or coworker? Even if you made a complaint on behalf of a coworker and the abuse was not against you, you are still protected by the anti-retaliation protections under the California labor code. work, this is also protected activity. Any of the following would be covered and protected activity: -If you filed a complaint of wage violations -If you took time off to serve on a jury -If you file a complaint about being forced to work in unsafe conditions or around hazardous materials without proper procedure, -or if you refused to complete your work duties in the vicinity of ANYTHING that could be hazardous. If an of this rings true for you, you must take action quickly you only have a limited amount of time to file a complaint, whether it is wrongful termination, discrimination, retaliation or wage violation, the experienced attorneys of UELG are here to help and answer all your questions along the way. Call UELG TODAY for your no cost, no risk case review. Photo Credit: Shutterstock/Rawpixel.com