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San Diego County Employment Law Blog

How do lawyers determine if on-the-job racism has occurred?

If you've been the victim of racially-motivated employment discrimination, this is probably not the first time you've experienced such treatment. If you're reading this article, you may have lost jobs, lost job opportunities, missed out on promotions or suffered under lower pay -- all because of your race -- and you've decided that enough is enough.

Fortunately, powerful state and federal laws will protect you from employment-related racism and the law may be on your side.

Is subtle racism more damaging than overt racism?

We've all heard about numerous instances of blatant discrimination in the news lately. Some of this discrimination involves obvious pay discrepancies at work and even stories of employees giving nooses to black coworkers. These examples of clear and obvious racism and discrimination deserve lots of scrutiny and swift action on the part of employers to stop the abuse.

Subtle and under the radar discrimination, however, is also extremely damaging. In some ways, it's even more damaging because it's more difficult to identify and stop.

The 3 requirements for a valid non-competition clause

California employees are often asked to sign non-competition agreements when they start working for a new company. A potential employee desperate for a job is often willing to sign just about anything in order to get a weekly paycheck. However, these non-competition agreements can be problematic for some employees who later decide to leave their companies.

In fact, it's not unheard of for an employee to leave a company and then worry about his or her future ability to work in the same field and earn a living. Fortunately, courts tend to frown upon non-competition clauses that interfere with someone's ability to earn a living in his or her chosen field, so a non-compete that has this effect might be ruled unenforceable by a California court.

Harassed at work? Here are some points to consider

When you are harassed at work in any manner, there are several things that might go through your mind. For some individuals, this will start the flight or fight reaction. It is imperative that you take a moment to calm down and think clearly about what is going on.

When you start working at a business, there should be a clear policy that forbids harassment of any sort. This is one of the first places you should start if you are the victim of harassment.

Don’t put up with pregnancy discrimination in the workplace

Despite the fact that every single person owes their very life to the mother who carried them, some employers still do not offer fair treatment to pregnant employees and job applicants. Some expectant mothers are unpleasantly surprised to find that employers are not at all supportive of their choice, and may even punish them for the pregnancy.

The good news is that pregnancy discrimination is illegal. An employer who commits pregnancy discrimination may face serious civil consequences. The victim may receive monetary compensation and, potentially, restoration of employment or workplace privileges and station to fairly resolve a pregnancy dispute.

Challenges getting hired because your name isn't 'white' enough?

It's incomprehensible that your name would matter when it comes to getting hired for a job, but a new survey in France reveals that people who have foreign-sounding names in Paris are less likely to receive calls from recruiters. Applicants with French-sounding names got 70 percent more responses from recruiters, while those with foreign-sounding names had a hard time getting a response.

Most Americans would balk at such a statistic, but the truth is, we suffer from the same kind of employment discrimination in the United States. One study titled, "Are Emily and Brendan More Employable than Lakisha and Jamal?" sought to learn whether applicants face name discrimination in our country. The study revealed that if your name doesn't sound "white" enough in the United States, you're at a serious disadvantage when it comes to getting a job.

How bad is sexual harassment in Hollywood?

As we've seen on the news in recent months, there's no doubt that Hollywood has a major problem with sexual harassment and assault against female -- and in some cases, male -- actors. However, this begs the question: Just how bad is sexual harassment in Hollywood?

A recent survey from ABC News sought to find a definitive answer to this question, and the figure at which the survey arrived is alarming. According to the survey, out of the 843 Hollywood entertainment industry women the investigation questioned, 94 percent of them said that they have suffered from sexual assault or sexual harassment related to their careers.

What are my basic rights as an employee?

In the United States, every employee has basic rights that employers cannot violate. Nevertheless, unlawful violations of employee rights continually occur. What's more, many employees never even realize they've experienced unlawful treatment.

If you are worried that your employer has wronged you in some way, keep reading. You might discover that the law is on your side.

Employment rights and the Americans with Disabilities Act

The Americans with Disabilities Act, commonly known as the ADA, is a powerful law that protects all United States workers from being discriminated against because of their disability.

The ADA covers many areas of life -- and protects Americans from various forms of discrimination in the workspace, public space and other matters. Let's take a closer look at the ADA from the standpoint of an employee with a disability.

Beware of religious discrimination and harassment at work

In the United States, everyone has the right to have their religious beliefs. There are laws in effect that protect this right. For workers in this country, there is a right to be free from religious discrimination and harassment while they are working.

Understanding the laws against religious discrimination in the workplace can help workers to know if things going on are illegal. These are some important points to know about your religion and your workplace.

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