Los Angeles Employment Attorney Blog

The United States Equal Employment Opportunity Commission (EEOC) tracks charges of employment discrimination. Recently, the EEOC released charge statistics reflecting the individual charge filings for the time period covering 1997 through 2008. Well, with the laws in place and government enforcement of violations of the law, wouldn't you think there would be less discrimination? Despite the laws and the on-going efforts to enforce the law by EEOC, the number of charges in all categories have increased.

Individual employment discrimination charges increased almost 20% from 2007 to 2008. In 2007 there were 82,792 discrimination charges compared to 95,402 in 2008. Of the 9 categories of discrimination tracked, each and every category reflected an increase of filings from 2007 to 2008. For example, race discrimination filings increase from 30,510 race discrimination charges in 2007 compared to 33,937 in 2008. And there was almost a 20% increase in sex discrimination charges from 2007 to 2008. There were 11,000 more individual filings in 2008 than there were in 2007 (approximately a 20% increase) alleging retaliation for engaging in protected activities or some other type of retaliation.

Having laws isn't enough. Then, what is the solution? We need to educate employers, supervisors, and employees on the importance of diversity in the workplace and providing a discrimination free work environment. We need to train our employers, supervisors, and employees on effective and efficient methods to redress employee grievances and minimize discrimination in the workplace. Sexual harassment training is already a mandate, but it obviously that is not enough.

Employers could save tens of thousands of dollars or even millions of dollars by implementing effective training and educational programs to ensure their employees know, understand, and implement the laws mandating discrimination free workplaces. For example, a Phoenix, Arizona company, Wheeler Construction, agreed to settle claims by two individuals who alleged both had been the victims of natinoal origin harassment and then had been retaliated against for complainting about about the national origin harassment. Wheeler Construction will pay $325,000.00 to settle the EEOC lawsuit filed in the U.S. District Court for the District of Arizona.  Chester V. Bailey, the director of the Phoenix EEOC office said "These victims attempted to speak out and address their unlawful treatment, and their comlaints were ignored."

Employers should spend more resources on preventing and promptly addressing employee greivances alleging discrimination in the workplace instead of marshaling assets to fight claims. A discrimination free workplace means a more productive workforce and high morale. It's time to get smart.  Educate against hate.

Bruce Abel, Attorney-At-Law, is a 26 year veteran handling employment discrimination cases for employers and employees. Mr. Abel has offices in Los Angeles, Orange, and Ventura Counties. He is available to consult with businesses on effective training methods and resolution protocols regarding employment discrimination laws.

In 1996 the voters of California passed The Compassionate Use Act which allows people with a valid doctor's prescription to cultivate and use marijuana for medicinal purposes such as migraine headaches, AIDS, and for mitigating the side effects of cancer treatment. Throughout Los Angeles, there are doctors who prescribe marijuana for medical use and marijuana distribution sites. However, marijuana is a prohibited substance under federal law.

The Act, among other things, provides that there shall be no sanction for one who cultivates or uses marijuana prescribed by a physician. One might think that if a person who used marijuana at home in compliance with a valid doctor's prescription could not be fired from his or her job for testing positive for marijuana. Even if the person was not high at work, showed no effects of the use of marijuana, had no marijuana on his person at work, agreed to never use marijuana or posses it at work, the person should not get fired, right? Wrong.

Last year, the California Supreme Court decided Ross v. Raging Wire Telecommunications, Inc. (2008) 42 Cal. 4th 920.(audio of argument). In that case, after Ross was fired, he sued his former employer, Raging Wire Telecommunications, for wrongful termination alleging that even though he tested positive for marijuana, the employer violated the Compassionate Use Act of 1996 and California's Fair Employment and Housing Act (FEHA) which protects employees from being discriminated against or fired because of a medical condition. The court held that the termination was not unlawful or in violation of FEHA and the employer was not obligated to make any accommodation for the employee.

So much for the Compassionate Use Act of 1996. You may get high, but you may get fired.