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.

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.

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.

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 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.

Almost 50 years ago, President John F. Kennedy signed groundbreaking legislation known as the Equal Pay Act (EPA) into law. The EPA prohibits unequal pay to women and men who do the same job. But, today, women still get paid less than men for doing the same job, National Women's Law Center. Now there is new legislation pending which passed the U.S. House of Representatives on January 9, 2009 known as H.R. 12: Paycheck Fairness Act and is going on to the Senate.

HR 12: Paycheck Fairness Act would put teeth into the EPA. It would add compensatory and punitive damages and allow class action lawsuits, which is, apparently, why the U.S. Chamber of Commerce has fought against the bill. (The U.S. Chamber of Commerce is the largest business federation in the world which represents more than 3 million businesses). The concern is frivolous lawsuits.

That is total hogwash, baloney, scare tactics. No employer needs to worry about punitive damages if the employer complies with the law. Generally, for punitive damages, the plaintiff has to show that an employer acted in conscious disregard of the plaintiff's rights,  with coercion or fraud. Punitive damages and class action lawsuits should help keep employers in-line and encourage them to pay equal pay to women and men. People who are treated fairly aren't after their employer to sue. From my 26 years of employment law practice in Los Angeles, California, it is the abused employee, the employee who has been or is being unlawfully treated, not the happy, well treated employee that wants to sue.

Shame on you U.S. Chamber of Commerce. Compensatory damages, punitive damages, and class actions are just what we need to get equal pay for equal work.  The law hasn't worked without it. Women workers are vital and dynamic contributors to the U.S. workforce. If they aren't paid fairly, they should have the right to powerful legal redress. I vote for the Paycheck Fairness Act. Got carried away there for a moment, my vote doesn't count. I forgot. It isn't necessarily about fairness, it is about politics.

The Abel Law Office Offices, Los Angeles employment law attorneys, counsel employees and employers on equal pay for women and gender discrimination.

In 2007 the United States Supreme Court decided Ledbetter v. Goodyear Tire & Rubber Company 550 U.S. 618 (2007). Lilly Ledbetter sued Goodyear because she had been paid less then men doing the same job. The Court held that an employee could not sue an employer because she had not received equal pay if the first unlawful act of unequal pay occurred more than 180 days before a charge of discrimination had been filed. Over the course of her working career, Lilly Ledbetter had been paid $200,000.00 less than men doing the same job.

Although Lilly Ledbetter did not prevail in her lawsuit, her name and the new law named after her are beacons of hope.The Lilly Ledbetter Fair Pay Act signed by President Obama on January 29, 2009, nullified the U.S. Supreme Court's holding in the Ledbetter case.  Now, a person has 180 days to file a charge of discrimination after each and every paycheck in which the person is paid less for the same work.

Finally, an elected official keeps an important campaign promise. Equal pay for equal work. Thank you Lilly Ledbetter and thank you President Obama.

50 years ago California led the forefront when it enacted what is now referred to as the Fair Employment and Housing Act (FEHA) which is codified in California Government Code Section 12920 and following. This act declares that it is in the public interest for California employers to provide a discrimination free workplace and prohibits discrimination based on a number of protected categories such as race, national origin, age, gender, medical condition, and physical disability. California created the Department of Fair Employment and Housing Department (DFEH) to investigate and enforce this statutory scheme. Individuals, however, may also may sue in court to enforce the provisions of FEHA.

DFEH is a progressive and aggressive agency. It utilizes its resources to educate, investigate, and, when appropriate, seek remedies for employees who are victims of discrimination, harassment or retaliation in violation of FEHA.There are offices throughout the state, including Los Angeles, toll free numbers, and an excellent internet site with useful information, explanations of the law, and forms.

If you believe that you are or have been the victim of an unlawful employment practice such as race discrimination, you have the right to file a charge of discrimination with the California Department of Fair Employment and Housing (DFEH). After contacting the DFEH, an appointment will be scheduled for you to be interviewed about the facts pertaining to the discrimination, harassment or retaliation. To assist the person wishing to file a charge of discrimination, the DFEH sends the complainant a pre-complaint questionaire. This document can be obtained by contact a DFEH office or on-line on the DFEH Publications page.

Based on the interview and the pre-complaint questionnaire, the DFEH personnel draft a formal complaint using DFEH's form. Then you will sign it and it will be served on your employer or past employer whichever the case may be. It is not hard. Don't delay because there are time limits within which charges of discrimination must be made. Generally, a victim of discrimination must file a charge of discrimination within one year of the wrongful act. It is a good idea to consult with an attorney who knows employment law before signing the charge of discrimination because the charges of discrimination are pre-requisites to a lawsuit and are also admissible in a lawsuit.

A quick check of the United States Department of Labor Women's Bureau published statistics regarding women in the workforce reveals that 71 million women are in the U.S. workforce. Another way of viewing it is almost 60% or all women above 16 years old work. And, while there are more women than men in high paying management, professional, and similar professions (women number 51%), they are still not paid what a man is paid for the same job. Of course, there are exceptions.

The plain statistics on the matter are that women get paid less than men. In 2004 CNN.com commented on a study done by the AFL-CIO which demonstrated that over a 40 year career ending at age 65, that a woman would earn $523,000.00 less than the average male. But don't think it is just the women performing labor, clerical or administrative work who are paid less.

No, it reaches the best of the professions. For example, Unique Opportunities in its September/October 2008 Vital Statistics referenced the American Medical Associations' 2008 report that asserted that women physicians, although their numbers have significantly increased over the last few years, continue to earn less than male physicians. A comparison of physician compensation for 2007, disclosed that women family practitioners earn 81% of what male family practitioners earn. Even in the field of Ob/Gyn, where one might assume the pay would be comparable, a woman Ob/Gyn earns only 69 % as much as a male Ob/Gyn.

So, "Hey, how come he gets paid more than me?" Obviously, our country, and our city, Los Angeles, have not reached the point yet where women are valued as much as a man is in the workforce. That is a shame because Los Angeles needs hard working, reliable, talented, and skilled women in its workforce.  Many millions of families depend on two incomes to make it. Equal pay is the federal law and has been since 1963. Gender discrimination is an unlawful employment practice both under federal and California law.

Women don't take that mistreatment. File a charge of discrimination with the Los Angeles District office of the U.S. Equal Employment Opportunity Commission (EEOC) or the Los Angeles District office of the California Department of Fair Employment & Housing (DFEH). Alternatively, there are many employment attorneys who handle gender discrimination claims on a contingency basis.  The point is - Don't take it. Instead, take action.