August 8, 2009

A Suggestion How to Effectively Teach Anti-Gender Discrimination - Help For Human Resource Departments

WOMAN HITTING THE GLASS CEILING - GENDER DISCRIMINATION IMPRISONS
Despite earning a Ph.D. in Engineering from a prestigious U.S. University and a history of extremely competent work product, Shiri could not get a promotion. Her male counter-parts, with less education and experience, got all the breaks and promotions. Funny thing though, whenever they ran into a serious problem and couldn't solve it, she was the go-to person. Yes, she could work-out complicated and sophisticated problems, but the credit went to those who came to her for help. She would train other engineers who would then get promoted and get interesting assignments.

Shiri's requests for assignments were seen as a nuisance and ignored. In fact, outside of the small circle of those who turned to her for help, the rest of the organization thought she didn't pull her weight because she was never given credit for what she did. And, of course, she wasn't paid as much as her male co-workers. It was against company policy, but company policy was just some words on paper. Middle management with a little power, little judgment, and too much "this is a man's world" attitude, perpetually held Shiri down. Over a period of years, Shiri's requests for help were no more effective than echoes in a wasteland.

Shiri sat at her desk dazed. No tears anymore - they dried up after years of sobbing. Her hands uncontrollably shook, her head pounded, but she didn't move from her desk paralyzed by another unfair denial of promotion. Her desk seemed more like a prison than a place of freedom to be a problem-solver, be productive, and accomplish useful tasks for her employer. Thoughts raced through her mind "Why did I study engineering?", "Why didn't I leave years ago?" "What did I do wrong?"; "I can't believe this is happening."

Gender discrimination can profoundly degrade the victim's sense of well-being and self-esteem. This travesty is exacerbated by an unresponsive employer. In some cases, out of desperation, the victim of gender discrimination seeks legal counsel. But by then so much suffering, humiliation, and damage has occurred, none of which should have occurred if the employer had ensured a discrimination free workplace. This is where Human Resources Department came make a critical difference and impact on employee morale and minimize gender discrimination.

The challenge faced by Human Resource Departments is how to effective teach anti-discrimination. Of course, the law regarding anti-discrimination must be taught; however, that is merely the first step. Effective inculcation of anti-discrimination and the harm that discrimination causes must be done creatively and dramatically with believable or, better yet, actual cases of gender discrimination. By educating employees, supervisors, and all levels of management the serious and often lasting ramifications of gender discrimination, the employer has the best chance of complying with the law and alleviating gender discrimination.

EDUCATION - A KEY TO EFFECTIVE TEACHING OF ANTI-GENDER DISCRIMINATION Try presenting real life examples of gender discrimination including having prior victims of gender discrimination tell their story. This can make an indelible impression to help people be self motivated to treat woman and men with the same respect and dignity necessary to have a healthy workplace environment as well as reward employees who are responsible and productive, rather than giving all the perks to a employee based on gender.
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July 7, 2009

Racial Discrimination In The United States - The Subtle And Ever-Present Insidious Discrimination

In 1863 President Abraham Lincoln, as Commander and Chief of the Army and Navy, under Article II, section 2 of the U.S. Constitution issued two executive orders freeing slaves in the Confederate States. These executive orders are collectively referred to as the Emancipation Proclamation. On December 6, 1865, the U.S. added the 13th Amendment to the U.S. Constitution which abolished slavery.

In 1887 the U.S. added another amendment to the U.S. Constitution, the 15th amendment, which provides that suffrage can no longer be restricted by race. Then in 1964 the Civil Rights Act was passed guaranteeing civil rights and prohibiting racial discrimination. Most states have similar laws and expressed stated public policy that racial discrimination is unlawful.

Then why do we still have racial discrimination? People have fears and prejudices instilled at early ages while others develop those fears and prejudices as they move through life. But, it is a sad reality that racial discrimination exists and the victims of racial discrimination suffer severe emotional distress and economic disaster. The U.S. can do better. The U.S. needs to do better. Laws are not enough. We need a national push for education against hatred and racial prejudice. We need educational campaigns that tell the real story of those who fall victim to hatred and prejudice.

Don't think that racial discrimination is just happening in the dark corners of business. It isn't. Employers and companies engage in subtle, systematic racial discrimination. Sophisticated methods are devised to get around public policy and the common good which inevitably adversely target racial minorities. Recently the 9th Circuit Court of Appeals for the United States reversed a U.S. District Court ruling that would, in theory, have allowed an insurance company to use secret formulas to determine the cost of insurance which coincidentally and predictably resulted in higher premiums for racial minorities - African-Americans in particular than for Caucasians.

On May 12, 2009, the United States Court of Appeals for the Ninth Circuit handed down it decision in Ojo v. Farmers Group, Inc. et al which involved an African-American insured who filed a class action against Farmers and others to remedy alleged racial discrimination in assessing higher premiums for homeowner's property and casualty insurance for African-Americans than the premiums that are charged to Caucasians. The United States District Court for the Central District of California dismissed the claim reasoning that the claim was reverse-pre-empted by McCarran-Ferguson Act.

Briefly, MacCarran-Ferguson Act is a federal law that establishes inverse preemption prohibiting a federal law of general applicability from pre-empting a state regulating the insurance business. The District Court adopted Farmers' argument that although their secret scoring and protocol may adversely impact African-Americans who are not necessarily higher risks to be charged more than Caucasians, it did not violate any state law regulating the insurance business.

The 9th Circuit decision discusses the laws in detail. But for purposes of understanding an ugly fact of present day life, it is sufficient to know that Farmers argued that it should be allowed to use its secret, propriety scoring system that resulted in higher premiums for African-American than it charged Caucasians. The 9th Circuit explained that allowing a company to use credit scoring that resulted in disparate discrimination against minorities was contrary to law and well established public policy prohibiting racial discrimination.

While the case has not been tried and the facts are yet to be disclosed, it is astounding that a company would advance theories that result in higher premiums for racial minorities than are charged Caucasians. And, it is even more astounding that a federal district court could selectively reason certain laws to allow the disparate racial discrimination. Fortunately, the 9th Circuit Court reversed the Central District Court's ruling and thereby advanced the progress of prohibiting discrimination by employers and companies.

Wake up America! Our workforce, our businesses, and our entrepreneurial success are hindered by racial discrimination.

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June 30, 2009

Why Is It That The Most Important Jobs Pay So Little?

Why Is It That The Most Important Jobs Pay So Little?

The United States is enamored with movie stars, models, athletes, musical talents, and entertainers. Those who are successful earn tens, if not hundreds, of millions of dollars to act, walk and smile, hit or throw a ball or tell a joke. I guess it is part of our capitalistic society and free enterprise, which I love; however, it does seem strange that the most important jobs to a country are paid so little in comparison.

WWII Memorial At Night - The most precious sacrifice is worth our nation's respect and honor
For example, our men and women in uniform train to defend our country if there is a war. In war, they stand in harm's way. Some give their lives in service of their nation. Others suffer catastrophic injuries that impact the quality of life for life. Our nation enjoys its freedom because of the blood that has been spilt on battle fields. Freedom is not free.

There is no excuse for our men and women in uniform to struggle in any way financially. Their pay should out-strip any civilian job. No military family should be on food stamps. No military family should have anything less than the best medical care; and that includes returning veterans. Attention is being paid these problems, but it goes back to the saying from the movie Jerry Maguire, "Show Me The Money."

Let's give a stimulus package to our men and women who are performing the most important jobs. We have given hundreds of billions of dollars to bailout failed companies and yet we have only given our troops a 3.9% pay increase according to the National Defense Authorization Act which became effective January 2009. Our priorities are way out-of-whack. It is time for the people of our nation to not only recognize the sacrifices of those in our country's uniforms, but to also pay them the top wages they deserve.

Let's hear it America. Support major pay raises for our men and women in uniform. Write to your elected representatives and ask what can be done to make sure our men and women are paid what they really deserve. One private on the front lines of battle is worth more than a thousand basketball players, don't you think?

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June 28, 2009

Employment Litigation - How employers can save money

As an employer, do you seem to have a lot of internal complaints by employees claiming they are being mistreated because of race? Do the complaints point the finger at the same supervisors? Are there common themes in the complaints such as denial of promotions, denial of training, harassment? If you answered "yes" to any of these questions, your company should pay attention now rather than later. If you answered "yes" to more than one of these questions, you are probably just seeing proverbial "tip- of-the iceberg".

How an employer handles internal grievances charging racial discrimination is critical to employee morale as well as the financial bottom line. Employment litigation results in diversion of important human resources and money earmarked for advancing the business mission to fighting alleged illegal discrimination.

Just why employers allow racial discrimination grievances to get out of their hands and into the courts is a mystery to me. Sure, some lawsuits can't be prevented by early intervention, but many can be.

Why aren't employers more effective at preventing lawsuits? It's not really complicated. In fact, based on my 26 years of litigation experience in the field of employment law, the answer is simple. Human ego. People want to be right. American business mentality is to fight for the top spot, be the best in the field, make more profit, be recognized or develop a strong brand. While most large employers have policies prohibiting discrimination, rarely do they have effective methods to address allegations of racial discrimination. And, it is even rarer for the employer to correct the racial discrimination that is occurring. It is easier to make the employee wrong and label that person a "problem" employee than it is to admit that something is wrong.

Here is the conundrum - by fighting the employee, the opportunity to settle goes stale. And that means the company will most assuredly spend precious resources fighting claims of unlawful racial discrimination instead of improving itself. It is common for me, as a litigator, to have a client say at the outset "All I wanted was the discrimination to be addressed" or "I just wanted to be transferred to another department that was begging to have me transfer."

Here is a suggested approach - Solve the problem. Solve as soon as possible. Don't allow allegations as serious as racial discrimination get stuck in the log-jam of bureaucracy. When there are easy solutions, take them. Don't engage in non-sense approaches such as hiring outside investigators who always find in favor of the company and dismiss the employee's grievance no matter how strong the evidence is.

Teach tolerance, the strength of diversity, and, of course, the mandates of the law to provide discrimination free workplace. Take prompt, fair, remedial action. Resolve grievances as quickly as possible. Most employees ask for simple and inexpensive remedies when the grievances are first filed. The remedies sought enlarge as time goes on without relief. And then the remedies sought geometrically increase when an employment litigator is retained.

Avoid the trouble and expense of litigation. Do the right thing as soon as possible. Don't let employees suffer unlawful discrimination in the workplace. Take care of your employees and watch your business become strong and prosperous.

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June 5, 2009

Gender Discrimination - Equal Pay for Equal Work - Los Angeles Working Moms deserve equal pay

A blasting radio a few feet away from reach does the trick. She lugs her way out of bed to begin the hustle. As usual, she awakes tired. The children are already up but playing with toys with total disregard of the time left to get ready. She politely and with kindness, urges the children to get dressed, eat breakfast, and get off to school.

There isn't enough time to just devote herself to helping the children; she has to simultaneously get herself ready for work. Years of going to college at night and raising a family during the day has taken its toll. In predictable time, she is off to work. It is a good job - one she is qualified for and does well.

Yes, she makes less than the man she sits next to, but they do the same job. Her questioning about this disparity is met with jokes or, worse, disdain for thinking she should earn the same as a man who has to provide for his family. Being a single mom still is not the same as a man who has to provide for his family.

Let's balance the scales - make it level and right - equal pay for equal work
Why do we have equal pay for equal work laws? Simple - without the laws it would be worse than it is. Gender discrimination is real and it is still happening. Women, like men, need to work to take care of their families. And, it is only right that employees are paid fairly without regard to gender.

If you have questions about equal pay for equal work or gender discrimination, please feel free to contact Abel Law Offices to schedule a confidential consultation.

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May 26, 2009

Employment Law News on the Political Front - President Obama picks Justice Sonia Sotomayor as his first U.S. Supreme Court Nominee

Today, President Obama made history by picking a female Hispanic jurist, Sonia Sotomayor, to fill retiring Justice Souter's seat on the U.S. Supreme Court. Congratulations President Obama on making an outstanding selection of a qualified woman and minority. Women make up 51 % of the U.S. population, yet in the history of the U.S. Supreme Court out of 110 justices, only 2 have been women. Right now, there is only one woman on the U.S. Supreme Court. It is time to for our nation to progress not only with its enlightened laws, but with action.

President Obama commented that Justice Sotomayor is an inspiring woman with the intellect and compassion to interpret the U.S. Constitution. Obama's selection shows his own intellect and his leadership. As a former professor of Constitutional law, he has unique insight into the significance of the U.S. Supreme Court. Federal judges are appointed for life and it is not unusual for U.S. Supreme Court justices to serve for many years.

Justice Sotomayor, in her prior 1997 confirmation hearing for her federal judgeship, said "I don't believe we should bend the constitution under any circumstances. It says what it says. We should do honor to it." If Justice Sotomayor is confirmed and she adheres to her expressed view of honoring the constitution, Obama will have made a good choice.

The U.S. should employ the best people and be fair to all its citizens in selecting people to fill the ranks of civil servants; and, that includes filling positions of the U.S. Supreme Court. The justices on the U.S. Supreme Court, while appointed for life, are still employees of the U.S. government which means employees of the people. This nomination sets the tone for employers throughout the nation. Let the faces of our leadership reflect the faces of our people.

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May 24, 2009

Gender Discrimination - How to recognize it and fix it

One might think gender discrimination is immediately obvious. But that is not always the case. Gender discrimination is the result of deep seeded held beliefs. And, these beliefs form a part of people's personalities which, in turn, make up the consciousness of a nation. These beliefs are embedded in the workplace. We all know discrimination is wrong. At least, we should know that. If that is true, and I submit to you that it is, then why do we need laws prohibiting gender discrimination?

Really, if you think about it, in the 21st century, gender discrimination shouldn't be happening in the United States of America. We are an informed people. We have free press, radio, television, the internet, and don't forget bookstores. We live in the information age. The people of the United States, as a whole, are taught to do right, to be fair. The exceptions to this are aberrations not even worthy of discussion. So, to answer the question "why do we need laws prohibiting gender discrimination?", we need laws prohibiting gender discrimination because gender discrimination is an ugly reality.

At the federal level we have the Equal Employment Opportunity Commission to investigate claims of discrimination including gender discrimination. California has the Department of Fair Employment and Housing which functions in a similar manner and with the same purpose - to investigate discrimination; and, if it can be established to be occurring, work to remedy it.

Women are not being given a fair shake in our country's workplace. Recently, I received an email from California's U.S. Senator Barbara Boxer which noted that only 3% of America's CEOs are women. She, rightfully, is urging support for a woman jurist to replace Justice Souter when he retires from the U.S. Supreme Court. It makes sense that a woman be considered. Women make up 51% of our population; and, yet, of nine justices on the Supreme Court, there is only one woman.

There was a time, when we had two female justices; but there has never been a time in our nation's history when half of the Supreme Court justices were women. Looks like subtle but undeniable gender discrimination to me. Certainly, the ranks of attorneys are being filled with wonderfully talented, educated, and competent women. It is wrong that half our population does not have its rightful representation in our workforce, government, and judicial system.

Gender discrimination may be unintentional or intentional. But, for those who are suffering discrimination, the feeling is the same. It hurts when one is denied equal opportunity despite being qualified for a position. And, it hurts to be paid less than one's counter-part because of discrimination.

Gender discrimination is recognized by opening one's eye and thinking about it. If it is happening in your company, take steps to remedy it. Education is always a positive step forward. Employers should have educational seminars on gender discrimination as well as all types of unlawful discrimination in the workplace.

The remedy for gender discrimination is to have the guts to fix it. If you do remedy unlawful gender discrimination, you will improve your company immeasurably. Eliminating gender discrimination in the workplace is an investment with guaranteed quality return. Try it, you'll see the difference.

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May 19, 2009

Employment Litigation - Pre-Litigation Strategy for Employers challenged with allegations of unlawful workplace discrimination - Be fair and keep your employees happy

In anticipation of a discrimination lawsuit, many employers try prove the company is right and spend tremendous resources to accomplish that goal. Some employers use harsh tactics to squash the victim. A victim may be squashed, but if that approach continues, other victims may rise up and strike a harsh blow against their employer.

From my 26 years of experience litigating employment dsicrimination cases in Southern California, employees are most open to quick and reasonable resolution when they first report an alleged unlawful employment action. So, that is when action should be taken.

Unlawful employment discrimination must be promptly stopped. Employers should consider an employee's complaint about discrimination as an opportunity to protect the company, establish a defense, and help the employee. That is a win-win approach.

The following are two things that every employer should do after an employee complains about unlawful workplace discrimination and before a lawsuit is filed:

1) Promptly and fairly investigate the complaint. Interview the employee, the alleged wrongdoer, and witnesses. Review relevant writings. Document all efforts undertaken. Don't rely upon policies, rely upon action. "Well done is better than well said." Benjamin Franklin.

2) Secondly, take remedial action. Even before all the facts have been ascertained, take reasonable steps to protect the employee and the company. If it later turns out that the allegations are unfounded, you will have lost little by having implemented fair and objective action to protect the company and the employee. If, on the other hand, no action is taken and the employee's allegation of wrongful conduct is established, you will have surely anatognized an already upset employee and have lost an important, early chance to start building a defense against a lawsuit. If you decide to neglect your employees, set aside a budget for defense counsel. You are going to need it.

In summary, prompt investigation and fair treatment of employees will save tens of thousands of dollars in litigation costs, improve workforce morale, and keep company resources applied for the company good. An employer that is fair, leads its employees instead of managing them. Be fair and keep your employees happy; it's a great way to improve the success of your company.

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May 16, 2009

Employer/Employee Relations - E-Verify to reduce hiring illegals

To reduce hiring illegal workers, the federal government is ramping up its E-Verify program which is an internet bases identification program operated by the Department of Homeland Security to check whether or not a person is authorized to work in the United States. The E-Verify system permits employers to electronically verify whether or not a newly hired employee is actually eligible to work in the U.S.

E-Verify is free and voluntary. Over 10,000 California employers have already signed up for the E-Verify program. Nationwide, over 87,000 employers have signed up for E-Verify. And, in 2008, there were more than 6.5 million inquiries by employers to check the eligibility status of employees.

Currently, the federal E-Verify program has a 100 million dollar budget. Earlier this month, President Obama indicated that he would like Congress to increase the budget another 12 million dollars. And, Janet Napolitano, Homeland Security Secretary, explained to Congress that the E-Verify program is "a cornerstone of workplace enforcement across the country." Secretary Napolitano believes that the E-Verify program is critical to ensure that the U.S. workforce consists of people authorized by law to work in the U.S.

For more information visit the Department of Homeland Security website.

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May 13, 2009

Worker's Rights - Famous People - Helen Keller, Champion For People With Disabilities

Helen Keller - Champion for the rights of people with disabilities
Helen Keller was an amazing person who overcame her deafness and blindness to become a world champion for the rights of those with disabilities. Before she was 2 years old, an illness rendered her blind and deaf. She first learned to communicate with sign language as a child. Later, still as a young person, Helen Keller was profoundly influenced by Charles Dickens' book entitled American Notes that chronicles the education of a deaf and blind child.

Helen Keller did not allow her disabilities to limit her ambitions or stop her from tackling new challenges. She was the first deaf and blind person to graduate from college. She wrote books, met with presidents, and toured the world to encourage those with disabilities and advocate for women's rights.

Helen Keller made history and changed people's perspective on the abilities of those with disabilities. She toured 39 countries advocating for people with disabilities, children's rights, women's rights. Here, in the U.S., she helped change laws and establish programs to help people with disabilities.

Many people with disabilities face not only the challenge of their disability but also ignorance and prejudice when seeking employment. Employers, be a champion for people with disabilities to find and keep meaningful employment. You may just employ the next Helen Keller.

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May 10, 2009

Los Angeles Employers Must Engage in An Interactive Process To Accommodate Employees with Disability Limitations

Abel Law Offices employment attorneys serving Los Angeles, Ventura, and Orange Counties believe that it is important to keep the public informed on new cases dealing with employment law and to present information to educate employees and employers. Employees with disabilities and resulting limitations have rights under both Federal and California state law. And, employers have certain obligations when confronting the issue of an employee with a disability limitation.

This week the California Court of Appeal decided and published its decision in , Carmine Scotch v. The Art Institute of California-Orange County Inc.. Plaintiff Scotch had alleged discrimination based on disability in violation of California's Fair Employment Housing Act. He asserted that he was discriminated against because he was HIV positive. He claimed that the Art Institute of California-Orange County, Inc. (AIC) failed to engage in the required interactive process to accommodate an employee with a disability limitation and failed to provide a discrimination free workplace.

The trial court granted judgment in favor of AIC. On appeal, the court affirmed the judgment. In its decision many important principles of disability discrimination law are discussed and seminal cases cited. While Scotch was unsuccessful, the case poignantly emphasizes the need for an employer to engage in an interactive process to make reasonable accommodation for an employee with a disability limitation.

If you have limitations because of a disability, your employer must engage in an interactive process to make reasonable accommodation to the workplace so that you can perform the essential duties of your job. If this is not occurring, you may have legal remedies. If your business is challenged with dealing with this type of situation, your business should engage experienced Los Angeles employment lawyer for legal advice and guidance.

Contact the Abel Law Offices, employment law lawyers serving Southern California, to schedule an appointment to discuss your disability employment matter.

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May 9, 2009

How to Get a Job in Los Angeles - Monster.com Keep America Working Tour in Los Angeles

On May 12, 2009, Monster.com's Keep America Working Tour will be in Los Angeles. Monster.com has assembled experts and information to help people build job seeking skills. Some of the presentations will include Resume Tips, Selling Yourself, Dressing for Success, and How to Improve Your Success at A Job Fair. This is a great community service for people in Los Angeles who are either out of work and looking for a job or those seeking to move forward in their career path.

Searching for a job can be frustrating and difficult. Monster.com's Keep America Working Tour offers valuable assistance in easing those difficulties. For more information and to register, click here. Job fairs offer a great opportunity for employers and job seekers to interact; hopeful, strike up an employer-employee relationship.

Abel Law Offices employment lawyers advise Los Angeles businesses and prospective employees on various legal issues pertaining to job applications, hiring, and the laws pertaining to equal employment opportunity under both Federal and California Law. If you are in need of information or have an employment law concern, contact the Abel Law Offices to schedule a consultation.

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May 6, 2009

Employer/Employee Relations - How employers can build morale and minimize discrimination lawsuits

Los Angeles skylineI have been practicing employment law in Los Angeles and the surrounding counties and occasionaly in other Pacific Western states, for 26 years. This career experience has taught me a number of important principles and facts about employment law discrimination lawsuits.

For example, monitoring Verdicts & Settlements, EEOC and DFEH statistics, and handling more than a thousand cases for both employees and employers, it is clear that Los Angeles businesses are targets for discrimination lawsuits. Employers commonly think it is best to fight off discrimination lawsuits. This decision often costs far more than early settlement would have. Indeed, it is astronomically greater than preventative measures in the first place.

Here is a list of things an employer can do to improve employee morale, productivity, and minimize lawsuits.

1) Educate all employees on the laws mandating a discrimination free workplace. This education should be on-going, not a one time shot.

2) Ask for employee feedback on how the goal of a discrimination workplace can be best achieved. Listen to the comments and suggestions.

3) Implement a simple and efficient protocol to address employee complaints. Too often employers go on the defensive and things escalate from there. Employers should welcome any concerns from employees.

4) Under no circumstances retaliate against an employee who reports what he or she believes is unlawful discrimination in the workplace, even if the employee is wrong. The only exception to this rule is if the employer is able to establish that the accusation of discrimination is fabricated. Then, of course, appropriate action must be taken, but that wouldn't be retaliation.

5) Employers need to make sure the managers and supervisors that are handling charges of discrimination put their egos aside and be as objective as possible. Some employers opt for an outside investigator, but then direct the outside investigator to reach a decision favorable to the employer regardless of the facts. This is an abuse of power and deceitful. Don't do that.

6) Treat employees with respect and dignity. Be fair, creative, and actively undertake prompt remedial action if there is discrimination taking place. If the employee's charge can not be established, taking some steps that will help the employee may still be appropriate. Employees who are ignored become more and more disgruntled and file lawsuits.

7) Think of the employee who complains about perceived unlawful discrimination as an important asset to the company instead of being a problem employee. Peer groups help evaluate unlawful discriminaton complaints which helps employers and employees.

8) Have peer groups help evaluate the charge of discrimination. If the employee's charge of discrimnation is determined to be without merit, it is much easier for the employee to hear that news from his or her co-workers than management which is perceived to deny all claims.

Peer groups help evaluate unlawful discriminaton complaints which helps employers and employeesThe Abel Law Offices have represented employees in pre-litigation and litigation of employment discrimination cases. If your business is experiencing more than an occasional complaint of unlawful discrimination, consider getting professional advice to assess the problem and correct it. This is one important service offered by The Abel Law offices that serves Los Angeles, Orange County, the San Fernando Valley, and Ventura County.

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May 5, 2009

Pregnancy Discrimination - Discriminate once, discrimnate twice, you can be sure a Los Angeles Employment Attorney will make pay the price

Discriminating against a pregnant employee because of her pregnancy is against the law (California Government Code Sections 12920 - 12965) However, proving an employer's discriminatory intent is challenging. Employers are not known for admitting such unlawful conduct. So, to prove that the employer has discriminated against a pregnant employee because of her because pregnancy may require trying to establish that the employer has an history of discriminating against women because of pregnancy.

Federal District Courts of Appeal are almost uniform in agreeing that evidence of how an employer has discriminated against other employees is admissible.  This is called "me too" evidence. And, Los Angeles employment attorneys have been asking Los Angeles judges to admit such evidence based on federal cases.

Things have just gotten worse for employers and much better for pregnant employees.  In a great decision last Thursday, April 30, 2009, the California Court of Appeal in Johnson v. United Cerebral Palsy/Spastic Children Foundation of Los Angeles and Ventura, ruled that "me too" evidence was admissible to establish a triable issue of material fact in opposition to a summary judgment. While the decision pertained to a pre-trial summary proceeding, it paves the way for "me too" evidence being admissible at trial.

Now, if an employer has discriminated against pregnant employees in the past, a plaintiff claiming pregnancy discrimination may call as witnesses at trial women who were discriminated against by the same employer because they were pregnant. This is important because discriminatory intent is generally established by circumstantial evidence. What does this mean It means that employers may be able to get away with discriminating against someone once.

But, if they keep discriminating against their employees, a plaintiff is going to come along and bring in those previously discriminated employees to court and make a good case that she was unlawfully discriminated against too. In fact, its seems totally reasnable and consistent iwth the decision that this "me too" evidnece" will be admissible in any type of discrimination case. And, that type of evidence is powerful to establish discriminatory intent. Employers, discriminate once, maybe you will get away with it. Discriminate twice and you can be sure some Los Angeles employment attorney is going to make you pay the price.

Pregnant women should be treated with respect It is really great when our courts issue decisions that support decency and respect for working people. Moral of this story - our future mothers have a right to work free of disrimination.The Abel Law Offices, employment law attorneys, with offices in Los Angeles, Irvine, Woodland Hills, and Westlake Village represent pregnant women who have been unlawfully discriminated against in the workplace. If you have been the victim of unlawful discrimination because of pregnancy seek the assistance of an employment law lawyer.

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May 4, 2009

How To Get A Job In Los Angeles - Moses Blue Entertainment, LLC Presents Adam Stern

Adam Stern singing Los Angeles is a tough job market. Many businesses have been hit hard by the economic downturn, the real estate market, and the stock market plunge.  People have lost their jobs and are looking for new ones. What is the best way to get a job? There are different approaches depending on the job one wants. The advice in this post is for those brave souls who have a dream.  

Adam Stern is one of those people. A California Young Artist, a UCLA grad, and an amazing singer, composer, and performer is pursuing his dream. And, he is making it happen. How is he doing that? Hard work,unwavering belief in himself, and a huge dose of talent. Of course, he has friends and family who are great fans and support. But, he goes out everyday working and developing his talent.

He has performed to cheering audiences at the Mint. He has toured California and other states. He has played with Mick Fleetwood and David Foster. Adam has built up quite a following here in Los Angeles. His former band, Grizzly Peak, was one of the most popular college bands in the country.  Follow Adam's lead and pursue your dream. There likely is a job, no a fantastic career, if you do.

Adam Stern will be playing live at the Hotel Cafe this Saturday night, May 9th, at 7:00 p.m. sharp. It will be sold out, so if you want to see and hear an up-and-coming rock star, get your Hotel Cafe ticket now. Adam, rock the house!

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