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.

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.

On February 26, 2009, The U.S. Equal Employment Opportunity Commission (EEOC) issued a press release announcing that a Maryland athletic club, Big Vanilla Athletic Club, has to pay $161,000.00 to settle an EEOC lawsuit for sexual harassment. Four women were the victims of repeated, unwanted sexual advances and sexually offensive remarks and then 3 women of the women alleged they were fired in retaliation for complaining about the sexual harassment.

As is so often the case, the company denied the allegations, refused informal settlement offers, and instead chose to fight.  The EEOC filed a lawsuit and the company was ordered to pay $161,000.00 to the women and are subject to a three year decree enjoining the company from allowing harassment on the basis of sex and from retaliating against those who complain of such unlawful employment practices.

So the EEOC won, the victims were compensated, the company is under a court decree to comply with the law, and the company had to spend a lot of money on defense legal fees. Wouldn't it have been easier to comply with the law in the first place?  Or, after the unlawful conduct was brought to the company's attention by the EEOC, why didn't it save time, resources, legal fees, and bad publicity by taking care of the problem voluntarily.

Sexual harassment and retaliation for reporting sexual harassment violates Title VII of the Civil Rights Act of 1964 and the California Fair Employment and Housing Act. Employers are obligated by these laws to make sure their employees enjoy a discrimination and harassment free workplace. Employers who ignore complains of sexual harassment and then punish those who complain are violating the law. The victims of such unlawful employment practices may be able to recover damages including lost wages, emotional distress damages, punitive damages, and attorney fees. Charges of discrimination may be filed with the EEOC or the California Department of Fair Employment and Housing (DFEH). Some victims of sexual harassment and retaliation may want a private employment law attorney to help them. Most employment law attorneys handling discrimination and sexual harassment handle these types of cases on a contingency basis, which means the attorneys are paid only if there is a recovery.