Los Angeles Employment Attorney Blog

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.

Retaliation in the workplace is against the law. Because Los Angeles is a melting pot of races and cultures, there are clashes in the workplace. Some employees simply can't take it anymore and report unlawful discrimination. Employees who engage in such protected activity are often the targets of retaliation in the workplace the report; and, it ain't right. In fact, it's illegal.

California's Government Code Sections 12900-12996, commonly known as the Fair Employment and Housing Act (FEHA), and, in particular, Government Code Section 12940 (h), prohibits an employer from retaliating against an employee who objects to unlawful discrimination in the workplace. In practice, that means if an employee engages in protected activity such as complaining about discrimination or sexual harassment, it is unlawful for the employer to take adverse employment action against the employee.

It is sad, but employees who engage in protected activity are often labeled as a "problem employee", subjected to unique discipline, given the lousy assignments, if any at all, and basically have stuck a spoke in the wheel of their career progress. Employees who are the victims of this kind of retaliation suffer deeply. The emotional toll cannot be contained in the workplace and spills over into the home and social life.



If you engaged in protected activity protected by FEHA, the suffered adverse employment actions, and there is a link between your engaging int he protected activity and the adverse employment actions, you have what is referred to as a "prima facie" case of retaliation. Employees have rights under the law. Contact the Department of Fair Employment and Housing or an experienced employment attorney for help. If it ain't right, do something about it!

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.

Bobbie always knew what he wanted to do. Right out of high school he volunteered for the U.S. Army. He dedicated himself to being a good soldier. Bobbie was reluctant to talk about his battle experiences, but, in full dress, his chest, colored with various medals, displayed his bravery and accomplishments. Bobbie was honorably discharged.

After his military career, Bobbie believed a new career in law enforcement would be a perfect fit. He applied and was accepted to a local law enforcement agency. Bobbie excelled at the academy. A star - disciplined, respectful, motivated, and a high achiever. He graduated and became a police officer. His law enforcement career was going good - real good.

First day on the job was routine orientation and getting his assignment for the next six months. A senior officer was assigned to train Bobbie. Bobbie was a quick study. The senior officer took a liking to Bobbie. That is until one day, while Bobbie, the senior officer, and other officers were in the lunch room. In a diverse racial group, the senior officer made a racially derogatory remark which offended Bobbie and other officers.

Bobbie filed an internal complaint about the incident. There was an investigation. And, the senior officer was reprimanded, but over the years, the senior officer continued to get promoted. Right after the reprimand, the senior officer took Bobbie aside and let him know that Bobbie would never be promoted. Bobbie complained about the threat to the Human Resources. Despite being reprimanded, the senior officer's carrer remained on fast track.

But, for years and years, Bobbie was denied transfers, denied promotional opportunties, denied training opportunities, reprimanded for trivia incidents, and received no recognition for outstanding work. Bobbie has the respect of many officers, even though he has been black-balled. When asked by other officers whether they should speak up about unlawful employment practices, he replies "Yes" and then says "Brace yourself - speaking up is hard to do."[Fictional characters and facts for illustration].

If you are being retaliated against for having engaged in protected activity such as reporting violations of the California Fair Employment and Housing Act or the federal Equal Employment Opportunty laws (Title VII), file a charge of discrimination with the California Department of Fair Employment and Housing (DFEH) or the U.S. Equal Employment Opportunity Commission (EEOC). There are offices throughout the State of California and in Los Angeles. Alternatively, seek the legal counsel of an experienced employment law attorney. Bruce Abel, an employment law attorney, has over 26 years of successfully handling employment discrimination cases.