Los Angeles Employment Attorney Blog

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.

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.

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.

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.

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.

We often think of helping people get better wages or work conditions and admire those who speak up to make working people's lives better.  Frederick Douglass was one of the first great worker's activists. Mr. Douglass escaped the cruel bonds of slavery and then spent his life working and speaking out for those who were still enslaved and for all people deprived of their civil liberties. Mr. Douglass said:

"To those who have suffered in slavery I can say I, too, have suffered. And he also said "To those who have battled for liberty, brotherhood and citizenship I can say I, too have battled."

Frederick Douglass was born Frederick Bailey, a slave in the United States of America. It was a time when it was legal for one American to own another human being. But this was not a state that young Frederick liked. When he was 18, he made his first attempt to escape that terrible condition, but was caught and imprisoned. A year later, in 1837, he escaped fro slavery. He changed his name from Bailey to Douglass to evade slave catchers.

Mr. Douglass fought for the freedom of others in slavery. He started a newspaper, he supported women's rights, and in 1850 he became involved in the Underground Railroad. The Underground Railroad was a name given to the movement of those who helped slaves to freedom.  Even today, Mr. Douglass is considered the ultimate workers' rights activist.

He, because of his intelligence, skill as an orator, and his work as a champion for civil rights, went from slavery to working in the Council of Government for the District of Columbia became the Marshal for the District of Columbia.  He also held diplomatic positions in the Dominican Republic and Haiti. Frederick Douglass - a man who escaped slavery and changed history.  His life story is still inspiring. A life of courage and accomplishment for the rights of others.

In celebration of the 4th of July in 1852 Frederick Douglass was asked to give a speech.  It was poignant and courageous; and, this speech has been re-enacted and read by many. To watch and listen to James Earl Jones read Mr. Douglass' famous 1852 speech, go to Youtube and search Frederick Douglass.

Los Angeles has named schools after him. He is honored by the National Parks and his papers are in the Library of Congress. Movies have been made about Mr. Douglass and his ground-breaking work for the down-trodden. Most importantly, though, his name and personage shine as inspiration for civil liberties and for the rights of those who are suppressed. Frederick Douglass ran to freedom and still leads the fight.

For more informatin on Frederick Douglass, click on the following links:

http://www.americaslibrary.gov/cgi-bin/page.cgi/aa/douglass

http://lcweb2.loc.gov/ammem/doughtml/doughome.html

Everyone wants tips. Tips on the stock market. Tips on the real estate market. Tips on losing weight. Everyone wants tips. Dishwashers want tips, but they are in the back of the restaurant and are not in a position to receive a tip from a restaurant patron. And, cooks, who work so hard to make the food tasty and right, want tips too.

What to do with tips left by customers in restaurants has been the subject of not only restaurant owners and restaurant workers, but the California legislature and courts. Los Angeles restaurant goers are known to routinely give a tip on top of the restaurant bill. I know I do.

But some waiters and waitresses don't like to share. So, restaurant owners have imposed mandatory tipping pools which provide dishwashers, cooks, and bartenders a share of the tips left at the dining table. It seems fair. All of these people are in the chain of service, so why shouldn't they share in the tips?

California enacted Labor Code Section 351 reads in part "Every gratuity is hereby declared to be the sole property of the employee or employees to who it was paid, given, or left."

But just what does that mean? Who is the tip left for? Is it left for the waiter or waitress only? What about the bussers who bring napkins, utensils, water, and attend to the customers' needs? And, of course, the list goes on.

Well, don't sweat the tip stuff. On March 27, 2009, the California Court of Appeal in Brad Etheridge v. Reins International California, Inc. ruled that an employer can impose mandatory tip pools which can be shared by the bussers, bartenders, cooks, and dishwashers. This is not a happy day for a lot of waiters and waitresses.

Let me give you a tip on tips - they are for everyone in the chain of service. Really, where would the servers be if the bartenders, bussers, cooks, and dishwashers didn't do their jobs? And, who would the customer complain to if one of these other restaurant workers dropped the ball? You got it - the servers. Come on now, tips are for everyone.

Employers and employees should be working together for the success of the company and the benefit of the employees. Of course, there are some true non-profit organizations that seek to advance a cause, charity or need of the community. But, the overall themes remain the same. Employers want to make money, perform a governmental or quasi-governmental service or achieve some noble endeavor. Employees want to earn a living and perform meaningful tasks. Somewhere, somehow, instead of cooperating to accomplish these goals, employers and employees often find themselves as adversaries.

Why is this? Why do employers seek to control instead of lead? Why do employees seek to get back instead of give to make it better? The answer - greed, denial, anger, frustration, and the need for control. All common human emotions. And, often these emotions generally make the problems become worse.  Needless to say, there are no shortages of lawsuits to prove who is right.

Is there a way to create an environment where the employer's interests are protected and the employee's dignity and rights preserved? Yes, there are ways; however, based on my 26 years of practicing employment law in Los Angeles, few employers are willing to make the honest commitment to making things right they know to be wrong. They do have the power, the resources, and the determination to fight which is all to often the path taken. But, what isn't considered until it is too late, are the costs to the company and the employees. Those considerations are mean realities brought to light by the blood of battle and exhaustion of resources.

A real open door policy is one approach to ameliorate employer/employee problems. Every employer should be dynamically concerned about the welfare of its employees. Dynamically concerned means for the employer to be actively and presently involved in improving the work environment and addressing and resolving employees' concerns promptly and fairly. Many employers and government entities in Los Angeles have good employer/employee policies.  However, it is not enough to have a policy. Frequently, employee grievances go unaddressed or get stonewalled.The employer's response is to raise its shield with the emblem that reads "We have policies."

Open the doors to creatively solve problems and concerns. Allow employees and employee panels to help address and solve employer-employee relations. Los Angeles employers and employees need workplace leaders not managers.