Los Angeles Employment Attorney Blog

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.

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.

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.

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.

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.

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.

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.

I 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.

The 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.

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.

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.

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!

On May 1, the United States Court of Appeals for the Ninth Circuit, in State of Alaska v. EEOC (2009) , held that the Government Employees Rights Act (GERA) eliminated Alaska's sovereign immunity. The court also held that the plaintiffs who had alleged they were wrongfully discharged after they complained about unequal pay because of race, sexual harassment, and retaliation for having reported this unlawful employment conducted, stated claims that constituted violations of the 14th Amendment to the U.S. Constitution.

The decision is not surprising or startling from a legal perspective. Rather, it makes common sense and is consistent with the well accepted principles that employees should not be unlawfully discriminated in the workplace nor retaliated against for speaking up about such wrongs. All states have laws protecting employees and their citizens from unlawful discrimination and retaliation. Moreover, the Federal Government has enacted numerous statutes to provide the same protection.

What is astounding is that the State of Alaska would fight all the way the a Federal Disctrict Court of Appeals arguing that it can abuse its government employees, allow them to be sexually harassed, and then fire them because they complain about it. The Ninth Circuit reiterated that the First Amendment to the United States Constitution prohibits retaliating against a public employee for speech made as a citizen on matters that are of public concern.

This is another example demonstrating much still needs to be done to eradicate race and gender discrimination, sexual harassment, and retaliation for those who engage in protected activity. It also illustrates how those with some power abuse it. Alaskan's tax dollars were spent arguing that the State was immune from actions that violate fundamental decency, basic constitutional rights, and well established public policy for the United States.

Alaska should have done the right thing at the beginning - paid employees fairly, stopped sexual harassment, and encouraged people to speak up. It would have saved a lot of money and improved workforce morale. Too bad Alaska - you can't pay women less than men for the same work, allow women to be sexually harassed or fire them because they object to such deplorable behavior.

California does not have immunity for these unlawful employment acts either. Los Angeles County has a population of more than 10 million people. There are thousands of government workers in Los Angeles. You can be sure that astute Los Angeles employment law attorneys have read this case. Expect them to bank on it if the state violates government employees' rights.

The Abel Law Offices, Los Angeles employment lawyers, represent employees and employers confronting racial and gender discrimination, sexual harassment, and retaliation claims.

In my 26 years as a Los Angeles employment law attorney, it still surprises me how many just can't believe they are being unlawfully discriminated against at work. People respond to ads, get hired, and think they will have the opportunity to flourish and grow professionally. In some cases that ends up being true. However, there are many who still fall victim to repugnant discrimination in the workplace despite our California and Federal laws enacted to protect employees from discrimination.

Victims of discrimination experience a range of emotions such as anger, frustration, humiliation, anxiety, and depression. The subtle acts of discrimination become a harsh reality that keeps the victims up at night and irritable during the day. Their work life becomes a living hell and frequently the more they speak up, the worse it gets. Employers may have the right policies, but not the right attitudes or the right managers and supervisors. So what should you do if you are the victim of unlawful discrimination in the workplace? Here are a few things that you can do so that you will not feel like a helpless victim. 

1) React decisively on the first unlawful discriminatory act. Email or write your supervisor detailing the unlawful employment discrimination. If the dsicrimination has been on-going, then document your plight.  Documentation may help you if you later file a lawsuit.  Request a written response.

2) If your employer has a Human Resources Department, make a formal complaint and make sure you keep a copy. In your complaint, you should be specific and state the precise nature of the discrimination. For example, if you are being discriminated against because of your age, you might state that you are over 40 years old and that employees under the age of 40 are routinely picked for promotion and you are denied promotion even though you earned it.

3) Keep a diary marked "for my lawyer". Write down what, when, how, who, and where regarding the race, national origin, gender, disability, age or religious discrimination.

4) Even though your job is important, stand up for your rights. Utilize all resources offered by your employer to try to get relief.

5) If you are suffering emotionally, get counseling.

6) If others witness the discriminatory acts, try to get the witnesses to sign a writing memorializing what was observed or heard.

7) Make a copy of your personnel file.

8) File a charge of discrimination with the California Department of Fair Employment and Housing (DFEH). You would be well advised to seek the counsel of an experienced Los Angeles employment lawyer becasue the way charges are written can make a difference if a lawsuit is filed. If you want to file a lawsuit instead of having the DFEH investigate, request a Right-To-Sue Letter from the DFEH.

9) Consult with a Los Angeles employment law attorney who is familiar with the Los Angeles courts and judges, the local court rules, and understands the jury pool.

The U.S. Department of Homeland Security's director, Janet Napolitano, recently announced that under the Obama Administration, the Homeland Security is shifting its focus from arresting and prosecuting illegal workers to raid, arresting, and prosecuting employers who hire illegal works. This makes sense and is a much better use of resources than arresting individual illegal employees.

Employers throughout the country and in Los Angeles who use illegal workers, are now subject to greater scrutiny. Immigration enforcement agents have been given orders to arrest and prosecute employers who are violating immigration and work laws. Employers who circumvent the law are cheaters and make it harder for those employers who comply with the law.  The criminal employers hire illegal workers because they will work for less without benefits; and, this makes it harder for law-abiding employers to compete on the open market.

This is another positive step by the Obama Adminstration and the Homeland Security Department. Los Angeles employment attorneys may have to branch out to handling criminal defense cases if they want to stay employed. It really is time that the government crack down on employers who are violating the law. In this writer's opinion, this policy will have greater impact on advancing the purpose of our laws; and, it will also help Los Angeles employees who work in industries plagued with employers who hire illegal workers. It's about time.

Los Angeles businesses who are violating the law shouId consult with a Los Angeles  employment law attorney , preferably one who also has experience in criminal defense.  Communications between a client and an attorney are privileged from disclosure.  That means the communications are confidential and cannot be required to be disclosed even to the government.  Consulting with a knowledgeable employment attorney can help an employer comply with the law and avoid arrest and criminal prosecution.  There's no more hiding.  Take action now to get the legal advice your business needs to comply with the law. Contact the Abel Law Offices, Los Angeles Employment attorneys.