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San Diego County Employment Law Blog

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.

What's the Age Discrimination and Employment Act?

The Age Discrimination and Employment Act (ADEA) is a federal law that protects workers from being discriminated against on the basis of how old they are.

The ADEA protects workers from age discrimination if they are 40 years of age or older. The ADEA covers different stages of employment, including: firing, hiring, apprenticeships and job advertising.

Your rights in the workplace

Imagine just graduating from college and getting your first job as a professional. You are at the bottom of the pecking order and you will have to work your way up. You anticipate endless days of fetching coffee, picking up dry cleaning, and making thousands of copies. However, simply because you are starting out does not mean that you do not have the same legal rights as more seasoned employees.

There are laws in place to regulate the employer-employee relationship. As an employee, you are entitled to a workplace that is free of discrimination. Furthermore, you have the right to a safe work environment and legal wage practices. If you have suffered due to a violation of employment laws, you should speak with an experienced attorney in the Carlsbad area. Read further to find out more about the basics of employee rights.

Proving and litigating a California gender discrimination claim

Gender discrimination is prevalent in virtually all California workplaces. In some cases, the discrimination is so subtle that it's difficult to prove. For example, imagine that you and a male co-worker are competing for the same job. You have the same qualifications, but he gets the job because he's male. This gender discrimination case will be harder to prove than one in which you were far more qualified than your male counterpart who ended up getting the position.

Alternatively, how about a case in which you suffered gender discrimination due to different clothing restrictions. Imagine that male employees can wear casual dress, but female employees must wear formal attire. This lawsuit might be relatively easy to prove with corroborating testimony from coworkers.

Is it time for you to file a disability complaint?

If you have a disability and you're employed, you may have had to overcome a lot of personal hurdles to stay competitive in your workplace. In addition, you might benefit from some workplace accommodations that could help you be more comfortable while at work and perform your job duties at a higher level.

However, what if you're not receiving the workplace accommodations to which you're legally entitled? What if, after numerous requests to your employer, you can't get the accommodations you need to be competitive?

Life in a wheelchair: Disability discrimination California

Living with a disability is hard enough without having to fight against those who discriminate against you. It's important that you get to work in a discrimination-free workplace where you feel comfortable and accepted. Employers should know better than to discriminate against those with disabilities. Your coworkers and supervisors should, too. If you've found you're living in turmoil because of harassment or discrimination, then your attorney can help.

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