HOW EQUAL PAY ACT CAN STOP SEXUAL HARASSMENT IN WORKPLACE

Worker at a desk upset that the boss has his hand on her shoulder in an unwanted and sexual harassing manner.

A federal law, the Equal Pay Act (EPA), requires employers to pay people alike for doing exactly the exact same job — equal pay for equivalent work.

Even though the Equal Pay Act protects both men and women from gender discrimination in pay rates, it had been passed to help reevaluate the wage disparity experienced by women employees, and in practice, this legislation has always been applied to situations in which women are paid less than men for doing similar tasks.

Who’s Covered?

Virtually all employees are covered by the Equal Pay Act, which governs the behavior of local, state, and national authorities and most private companies.

Making a Claim

To successfully raise a claim under the Equal Pay Act, you have to talk to a sexual harassment lawyer and show that you along with a worker of the other sex are:

Working in precisely the exact same location
Doing equivalent work, and but if the company can demonstrate that the wage disparity has a valid basis — for instance, the higher earner has more seniority or longer expertise — that the claim is going to be defeated.

Determining Equal Work

Jobs don’t need to be indistinguishable for courts to consider them equivalent. If two workers are in fact doing exactly the identical job, it does regardless of whether their names or job descriptions disagree. What counts is that the responsibilities that the employees actually work. Generally, courts have ruled that two tasks are equivalent for the purposes of the Equal Pay Act when both demand equal levels of ability, effort, and responsibility and are performed under identical problems.

There’s a good deal of room for translation, naturally, but the rule of thumb is that small differences in the ability, effort, or obligation required don’t create two tasks unequally. The largest problems arise in which two occupations are essentially the same, but one carries a couple of additional duties. It’s completely legal for a company to pay additional for the additional responsibilities, but some judges have looked askance at offices where the higher-paying tasks with additional duties are always reserved for employees of one sex.

The EPA requires that companies pay employees in precisely the exact same pace, however, it doesn’t need that workers get the exact same total quantity of reimbursement. If a single employee earns more than the other due to greater earnings — for instance since the higher-paid worker has made more earnings — that doesn’t violate the EPA.

The EPA requires greater than the equivalent salary. If workers do equivalent work, they’re also eligible for equivalent benefits, including equivalent health and life insurance policy, retirement plans or pensions, pre-marital health or health care savings account, and use of business equipment. The EPA also applies to types of compensation aside from wages, such as vacation time, gain sharing and bonuses.

Additionally, Title VII broadly prohibits other types of discrimination, such as that based on race, color, faith, and national origin.

EXAMPLE

Suzanne functions as a reservations agent for the airline. Approximately half of the additional bookings agents in her office are guys, who are generally paid $1 per hour over Suzanne and other female representatives. What’s more, the business has created a dress code for feminine booking agents, but not to the male brokers.

If Suzanne decides to file a discrimination complaint against her employer, then the EPA would use the cover difference between men and women. Title VII would apply to the pay gap and also the fact that just the female workers in her office have been held into a dress code.

In instances where both Title VII and the EPA employ, with the EPA Provides some potential Benefits, including:

Unlike Title VII, the EPA does not need evidence that the company acted intentionally when discriminating. That may make an EPA case simpler to acquire in court.

But, using Title VII has its advantages — chief among them which it is possible to win more cash. Under Title VII, it is possible to ask the jury or judge not just for the salary you lost, but also for compensation for your pain and discomfort (compensatory damages). The EPA will not offer you those compensatory damages, but in some instances, it’s possible to ask for double the number of salaries you lost as a punishment from the employer.

If you’re thinking about a lawsuit under the EPA, Title VII, or possibly, then you should probably talk about the possible benefits and pitfalls of every law with a sexual harassment attorney before filing your situation.

To learn more about equal pay and sex discrimination, contact your regional area office of the EEOC (contact information available at http://www.eeoc.gov) along with your state fair employment practices agency.

WHAT’S RACE DISCRIMINATION?

What’s Race Discrimination?

Based on a professional discrimination lawyer idea, federal and many nations’ laws prohibit office race discrimination. But some companies harbor’s become the concept since racial discrimination still occurs more frequently than anyone would like to believe.

A wrongful termination lawyer believes discrimination exacts a very large cost, both by its victims and by the businesses which let it occur. Lawsuits lately have shown this stage, as big firms have been required to pay tens of thousands of dollars to compensate the victims of race discrimination and also to cover their own complicity in encouraging or enabling a discriminatory setting to flourish at work.

The discrimination attorney that works in a company devotes race discrimination when it makes occupation decisions on the grounds of race or any time it embraces apparently neutral job policies that disproportionately affect members of a specific race (more about this below).

As soon as an employer intentionally singles outside employees or applicants of a specific race for significantly less favorable treatment, that is disparate treatment discrimination. As soon as an employment attorney employs the identical policy or practice for everybody, however, the burden falls more heavily on workers of a specific race, that’s “disparate impact” discrimination.

Disparate Treatment Discrimination

A labor lawyer who creates a disparate treatment claim alleges he or she had been treated differently than other workers who had been in similar conditions, due to the employee’s race. By way of instance, an employer commits disparate treatment discrimination when it encourages only white workers to supervisory positions, needs just job applicants of a specific race to submit to drug tests, or won’t permit employees of particular races to manage clients.

A labor attorney in a company that discriminates on the grounds of physical characteristics related to a specific race — including hair texture or color, skin color, or decorative features — additionally elicits disparate treatment discrimination.

Disparate Impact Discrimination

In disparate effect litigation, the employee doesn’t assert that the company intentionally singled out workers of a specific race for poor therapy. Rather, the wrongful termination attorney asserts that the employee’s seemingly neutral policy, principle, or practice has a negative effect on members of a specific race.

By way of instance, an employment policy requiring men to become clean-shaven can discriminate against African American men, who are far more inclined to suffer from Pseudofolliculitis barbate (a debilitating skin condition due to affected by shaving). The minimum elevation requirement may display out disproportionate quantities of Asian American and Latino project applicants.

When a sexual harassment lawyer proves that a specific policy has a significant effect on members of a specific race, the employer may shield the coverage by demonstrating that there’s a valid, significant, job-related rationale that needs the coverage. By way of instance, a height requirement may be warranted if the employer can demonstrate that an employee has to be at a specific height to run a specific kind of machine. However, a company could be hard-pressed to warrant a height requirement to get a desk place.

Sexual harassment on the grounds of race can be illegal. An expert sexual harassment attorney knows that sexually harassing behavior could include racial slurs, jokes regarding a distinct racial group, or even bodily acts of importance to a particular racial group (by way of instance, hanging or submitting an offensive image or object close to a worker ‘s workspace).

Not every joke or even improper remark represents guilt, from a legal standpoint. Workplace behavior has to be unwelcome, and it has to be sufficiently severe or pervasive to modify the stipulations of the sufferer’s job, to qualify as harassment. If the behavior is extreme, one episode may be sufficient to create a hostile atmosphere. If you look at the age discrimination settlements you will find age discrimination is prohibited and a physical attack, use of the N term or hanging a noose, by way of instance, might be quite so threatening and insulting as to become harassment. If the remarks or acts are somewhat less offensive, then they will constitute harassment whenever they occur frequently enough to alter the office atmosphere. (For more details on racial harassment, visit If do jokes cross the line to turn into racial harassment?)

WHAT’S NATIONAL ORIGIN DISCRIMINATION?

After talking to an expert employment attorney you will find a company discriminates on the grounds of domestic origin once it makes use decisions based on an individual ‘s ancestry, ethnicity or birthplace, or due to traits closely connected to ethnicity (like a surname, accent, ethnic identity, etc. ). The national source is prohibited by Title VII as well as the laws of most nations.

What’s National Origin Discrimination?

National origin discrimination occasionally requires an immediate form. By way of instance, an employment lawyer may refuse to employ anybody from Haiti or refuse to interview anybody using a Hispanic-sounding surname. From time to time, discrimination requires a more subtle type. By way of instance, a wrongful termination lawyer may refuse to permit workers to wear clothing that reflects their own ethnicity or enforce an English-only rule exclusively against workers who speak Farsi.

Many times, national origin discrimination relies on stereotypes about what individuals from a specific country are like if the company itself retains that stereotype or considers that its clients do.

A discrimination lawyer from an airline wet allows anybody who seems to be in the Middle East to operate in almost any position that entails coping with passengers.

A hardware shop that serves a mostly white neighborhood won’t market an employee who has embraced a classic African style of apparel.

A sexual harassment attorney who works in a Chinese restaurant supplies just individuals with Asian characteristics and surnames to wait on customers.

An automotive supply shop disciplines Latino workers more badly than white employees for unexcused absences and tardiness.

Accent Rules

Since accent is closely connected with domestic origin, companies can legally make job decisions according to an employs accent only as long as the accent significantly interferes with the entire employee’s capacity to perform the job. By way of instance, a labor lawyer from a big company might transfer a worker with a heavy emphasis from an applications help desk place to a project that doest demand customer contact. This type of move could be valid if clients had complained that they couldn’t understand his directions; the exact same transfer could be prohibited if the worker was moved because he had an emphasis or a special kind of emphasis, not since the accent diminished his capacity to perform the job.

Fluency and Language Prerequisites
A labor attorney can also prohibit on-duty workers from speaking any language other than English, in certain conditions. The company has to have the ability to prove that the principle is essential to the business enterprise. In case the employer occupies an English-only principle, the sexual harassment lawyer should notify employees when they must speak English (as an instance, whenever clients are existing) and the consequences of violating the rule. The principle needs to be enforced regularly; Quite simply, an employer might not enforce an English-only rule exclusively against workers who speak Spanish or some other particular language. And when an English-only rule is challenged, courts will look carefully during its extent: When an employer prohibits employees from speaking another language, even during breaks or if a client who speaks that language is current, the principle is most likely overly extensive. For detailed advice on English-only and accent guidelines, visit Language and Accent Discrimination at the Workplace.

Citizenship Requirements

Title VII doesn’t explicitly prohibit citizenship conditions. A wrongful termination attorney, who does business along the boundary between the USA and Mexico, by way of instance, couldn’t demand all candidates from Mexico to possess U.S. citizenship unless it imposes the identical requirement on all workers. If this business regularly hired European nationals who didn’t possess U.S. citizenship, then it would be implementing its standards in a discriminatory manner.

But if a national law expressly states that U.S. citizenship is a vital requirement of the job, the employer can make conclusions on this basis. IRCA also allows a company to provide a taste to some U.S. citizens or nationals.

3 Types of Issues Employment Lawyers May Handle

termination document

From suing a dry cleaning service for losing a pair of pants to filing for the return of a kidney, people today will sue for the craziest things. In order to sue for all of these wacky claims, there needs to be a lawyer to take it to court. There are so many lawyers out there today who specialize in particular types of law in order to represent a multitude of lawsuits. However, while people are busy suing over strange things, most seem to forget that there is an entire body of law that helps those who have been fired or mistreated at work. Employment lawyers are the type of lawyers who uphold and protect the rights employees have at work or even individuals applying for jobs. Below are 3 types of situations employment lawyers may handle.

Discrimination

In the great state of California, employees and individuals applying for jobs have the right to not be discriminated against. To be more specific, employees and job applicants who can say they belong to a protected class cannot be mistreated or denied employment benefits or opportunities for belonging to that class. Some examples of protected classes included race, age, gender, sexual orientation, disability, pregnancy, and religion. For example, Fred, an employee at an ice cream manufacturing company, recently was injured in a biking accident. Fred’s initial job at the company was to operate the machine that sealed the lids on the ice cream tubs. Although he was injured from his accident, he was still able to operate the machine as long as he was permitted to take a sitting break every 3-4 hours, per his doctor’s recommendation. When Fred provided the documents from his doctor explaining the adjustment he would need to continue working, his boss Ned refused to allow Fred to return to the company. Whenever Fred called Human Resources or emailed Ned regarding his return, he was told the work roster was “full”. After being denied work for two months, Fred was finally let go by the company. Normally, in California, the company does not need a reason to fire Fred because California is an at-will state. Here, because Fred has a temporary disability from his accident, he is considered to belong to a protected class. Ned, as well as the Human Resources Department refusing to allow Fred to work because of his disability, may be considered as disability discrimination. This is a type of case that Fred could seek the guidance of an Employment Lawyer.

Sexual Harassment

Sexual harassment cases can be tricky because the majority of cases are based on behavior that was directed at an employee who did not want the behavior directed towards them. The experience and expertise of an employment lawyer are needed to examine the facts of a case to identify what behavior may constitute as sexual harassment. Basically, certain behavior can become categorized as sexual harassment when it is “unwanted” or “unwelcome”. For example, Kelly, an employee at the headquarters of a media-services provider, had been working at the company for three years. A few weeks ago, a new manager Greg was hired to manage Kelly’s team. Kelly began having issues with Greg once he started hugging her every chance he could. He would hug her whenever he saw her; upon her arrival, in the break room, at meetings, and even once in the elevator. Once, Kelly tried to avoid one of Greg’s hugs and later that day Greg did not choose Kelly for a project that was promised to her the previous month. Denying Kelly this opportunity meant missing out on a pay increase and a chance to enhance her job experience. This demonstrated to Kelly that unless she allowed Greg’s physical affection, she was going to be punished. Here, although the facts do not mention whether these hugs were sexual or if Greg was even romantically interested in Kelly, nonetheless the behavior was unwelcome and made Kelly feel uncomfortable. The fact that following a rejection of one of his hugs, Greg took Kelly off of a project, we can infer that Greg may have retaliated against Kelly, sending the message that if she refused his physical affection she would be denied employment benefits. Kelly would likely need to report the issue to another manager or Human Resources or she could also call an employment lawyer to discuss what her next step should be.

From inappropriate touching to crude jokes, certain actions can be considered as sexual harassment and may be deemed unlawful in a workplace. More specifically, not only is it unlawful, but an employer is responsible for enforcing a zero tolerance policy for particular types of situations that involve sexual harassment. Within reason, an employer is expected to take certain measures to ensure that the workplace is free from being susceptible to sexual harassment. For instance, an employer should arrange sexual harassment prevention seminars for their employees in order to educate staff on what behaviors are appropriate and which may be unwelcome and/or offensive.

Wrongful Termination

Wrongful termination means that an employee was fired for an unlawful reason. Wrongful termination can cover a multitude of situations in the workplace. One example of wrongful termination may be found where an employee reports illegal activity occurring at their workplace. If the employee reports the issue and is then fired, it may be inferred that the employee was fired for an unlawful reason. Another example of wrongful termination may be if an employee requests to take a medical leave due to pregnancy or a medical condition. Also, if an employee is fired for having a disability, for requesting accommodation for their disability, and/or for taking time off for their disability, that may constitute as wrongful termination. Lastly, another example of wrongful termination may be if an employee makes a complaint about being sexually harassed or discriminated against.

Some lawyers may handle some wacky cases, but employment lawyers are there to protect the rights of employees across California.

4 Reasons Why the Law Protects Whistleblowers

Before protective laws were enacted through Congress, workers couldn’t feel confident in reporting malfeasance throughout the workplace due to backlash and ostracization by superiors. Those employees who were brave enough to speak up concerning their poor conditions to a local or federal entity often faced discrimination, exclusion, suspension or even termination without legal ramifications for employers. This led employees to feel they had no stake in how their occupation or environment governed their work experience, lowering the overall safety and efficacy of the business and community. Today, the law provides protection for employees who blow the whistle on unsafe work environments and there are a few good reasons why the law enforces these protections.

1. A whistleblower plays an important role in maintaining a safe work environment

Merriam-Webster defines whistle-blower as one who reveals something covert or who informs against another. A lawyering entity would define it as an employee who brings wrongdoing by an employer or other employees to the attention of a government or law enforcement agency and who is commonly vested by statute with rights and remedies for retaliation. A whistleblower details the illicit activities of an agency or proprietor to a more balanced authoritative power. Like modern-day superheroes, whistleblowers even the scale, lighting a path of secrets and evil unheard while keeping their coworkers and patrons secure. Without laws in place to protect these agents of change, we would all remain vulnerable to unsolicited assaults of workplace deviance.

2. History proves we need whistleblowers in the workplace

On December 29th, 1970 President Richard Nixon established the Occupational Safety and Health Administration (OSHA) agency through the U.S. Department of Labor. The goal of this agency was to establish regulations and guidelines to maintain employee and community safety at work and in any public space. Since its’ establishment work-related injury and death has declined 65% nationally and the financial effect of workplace illnesses and injuries to American employers has tremendously decreased. This, in turn, produces a reduced loss of wages and cost of caring for the injured effectively alleviating monetary and psychological strain on working families and community. The laws put in place by OSHA help employees to hold their employers accountable legally from any divergence or lapse in workplace safety. It also provides them and their proprietor with a resource to their established rights, training, outreach, education, and health information such as preventable diseases, illness or injury.

3. Employees have the best insight when it comes to an unsafe work environment

Laws are enacted in order to be followed, but what happens when employers don’t follow these laws? Employees are individuals who have firsthand experience in their own work environment, therefore they may be the most knowledgeable as to when an unsafe work environment needs to be reported. With that in mind, the laws reflect the importance of a whistleblowers intel.

OSHA encompasses twenty-two federal laws protecting workers from discrimination, retaliation, and threat by employers or other employees under the Whistleblower Protection Program. The Whistleblower Protection Program protects workers over constantly transitioning fields like the transportation industry and consumer and investor protection laws. It also mandates specific occupational, environmental, and nuclear safety protection laws. One of these laws is the Clean Air Act (CAA) which prohibits employer’s retaliation against employees who report violations regarding air emissions from area, stationary, and mobile sources. This law allows 30 days for the employee to file a complaint, orally or in writing, in any language directly to OSHA. By doing this OSHA maximizes the employee’s, and ultimately the community’s, safety by protecting the worker’s position from retaliation when in unsafe conditions. With the fatal penance of air pollution currently looming over China, New Delhi and even the United States, the CAA is more vital than ever.

After the hurricanes that swept the nation affecting Houston and Puerto Rico this fall, air quality has become an increasingly important issue. In a November 13th public health announcement by National Public Radio, documentation of Galena Park, Texas, a small city just east of Houston, showed a large discrepancy in air quality measures. It dictated a community almost completely surrounded by oil refineries and pipeline terminals regularly experiencing heavy gas saturation in their air. According to a 2017 analysis by the Environmental Defense Fund, Hurricane Harvey damaged facilities in Texas resulting in an additional 5.98 million pounds of pollutants released into the air. Contrary to this data the Environmental Protection Agency (EPA) released a statement eight days after Harvey saying the air was safe and the area secure. Residents in areas like Galena Park then confronted serious gas inhalation which in large quantities can cause organ failure and considerably shorter life expectancy. The community continued to work, play, and resumed normal activity in the weeks and months after the storm. With the Clean Air Act, an employee in this area working in a factory or oil refinery can file any retaliation they encountered after reporting the detrimental conditions they face without fear of losing their position. In times of disaster, it’s important to have these laws in place so employees know in the midst of unforeseeable destruction, they’re still able to exercise their right to a safe workplace.

4. Whistleblowers can improve other employee’s health

Within the occupational, environmental, and nuclear safety laws the Safe Drinking Water Act prohibits reprisal against any employee who reports alleged violations pertaining to any waters actually or potentially delegated for consumption. Meaning employees have the right to safe drinking water in their workplace and if those conditions are not met and they face retaliation upon demand, they may file a claim within 30 days of the incident. Many nations lack accesses to clean water at work and home through their dismantled infrastructure and never receive a form of governmental aid for that necessity. This creates more worker injury, illness and lack of productivity essentially disabling the employee, employer, and populace. Although most of the United States has access to safe drinking water, communities and families in Flint, Michigan still struggle with this basic need. The Flint, Michigan water crisis has expounded for approximately three years and caused health, financial and social fallouts to the entire region. Due to improperly treated water passing through corrosive pipelines, lead, fecal coliform bacteria, and other contaminants seeped into the Flint water supply. During this time tap water is not safe for drinking or consumption and residents still rely heavily on all forms of bottled and prepackaged water. Employees who do not have access to this more expensive but necessary alternative in their workplace can request it from their employers while being defended from retaliation through the Safe Drinking Water Act.

For more info please call an employment attorney.

4 Steps that employer have to do to protect employees from sexual harassment

1- An anti-harassment policy

Having a written sexual harassment prevention policy in place is not only a good measure for stopping sexual harassment before it happens, but California employers are also required to have an anti-harassment policy and it must be in writing. See California Code of Regulations Section 11023 In California, employers who employ at least five employees must have a sexual harassment policy regarding prevention of harassment, discrimination, and retaliation. The sexual harassment policy must be in writing and a copy must be given to all employees. If you are experiencing sexual harassment at work and your employer does not have a written sexual harassment policy, contact a sexual harassment attorney to provide guidance on how to address your concerns to your employer.

California sexual harassment policies have to identify the classes of individuals and /or characteristics who are protected under the California Fair Employment and Housing Act. The protected classes include race, religion, color, national origin, ancestry, physical disability, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation and military and/or veteran status. Anti-sexual harassment policies are designed to prevent harassment based on gender and sex. More specifically, the sexual harassment polices protect against unwanted sexual advances or romantic pursuit, and other unwelcome conduct that is of a sexual nature, including verbal comments, inappropriate touching, lewd gestures, and visuals, depiction of sexual acts or sexual content, including sexual innuendo and/or words, lewd jokes and derogatory statements directed at an employee based on gender.

The company’s anti-sexual harassment policies must advise the employees that it is against the law for a manager, supervisor, coworker or third party to harass, discriminate and/or retaliate against an employee.

2- Follow The Sexual Harassment Complaint Process

The sexual harassment prevention policy must provide detailed instructions regarding the company’s complaint process so that the employee will know what steps to take to notify the company of the sexual harassment, who the employee is permitted to contact to voice the complaint, what action the employer will take in response to the employee’s sexual harassment complaint and what safeguards will be available to the employee to ensure protection from retaliation.

Employees must be given the opportunity to raise their concerns regarding sexual harassment to someone other than the immediate supervisor. This is especially important when the employee’s immediate supervisor is the one about whom the sexual harassment complaint was made. The sexual harassment policy should advise the employee he or she can complain to other management, Human Resources or another department that is set up to receive sexual harassment complaints. The employee may submit a sexual harassment complaint in person, verbally, by telephone, email, writing or other means of communication. Some companies provide a hotline number the employee may call and leave a sexual harassment complaint. Although many sexual harassment prevention policies require the employee to report sexual harassment in writing, it is not required that the employee submit a written complaint in order to trigger the employer’s obligation to investigate and take appropriate action to prevent further sexual harassment in the workplace. In most instances verbally reporting the sexual harassment to someone in management, human resources or to a designated department will be sufficient. Of course, documenting a sexual harassment complaint in writing will give the employee the benefit of ensuring the details of the complaint are clearly stated and preserved. If you are experiencing sexual harassment in the workplace, you should contact a sexual harassment attorney who may be able to provide you guidance regarding how to write the sexual harassment complaint, what to include and to whom the sexual harassment complaint should be directed.

3- Action and Response

Once an employee complaints of sexual harassment or reports incidents of conduct that may be sexual harassment in the workplace, the supervisor or manager receiving the complaint should immediately elevate the complaint to human resource or the appropriate department set up to receive and address sexual harassment complaints.

4- Fair and Timely Investigation of Sexual Harassment Complaints

A California employer’s sexual harassment prevention policy must assure the employee that appropriates steps will be taken to promptly and fully investigate the sexual harassment complaint in a confidential manner and without bias. A fair investigation would be to have an unbiased person, trained in sexual harassment investigations, interview all of the witnesses including the person who made the complaint. The employee reporting sexual harassment should expect to be interviewed by someone who is qualified to conduct sexual harassment investigations. The investigation should include interviews of witnesses identified by the person reporting sexual harassment and/or other witnesses. The sexual harassment investigation process should ensure that all steps are taken to prevent retaliation against the person reporting sexual harassment. The sexual harassment prevention policy must expressly state that neither the person reporting sexual harassment nor the individuals who participate in the sexual harassment investigation will be subjected to retaliation by the employer or anyone else involved. The investigation would be unfair if it is turned on the person who complained of sexual harassment by using the sexual harassment investigation as a means of gathering information designed to attack the credibility and integrity of the sexual harassment victim. It would be improper to take any other action to intimidate or discourage employees from reporting sexual harassment or participating in a sexual harassment investigation. This would be deemed retaliation and is unlawful. An individual who believes they have been retaliated against for reporting sexual harassment or participating in a sexual harassment investigation, should immediately contact a sexual harassment attorney and document the incidents of retaliation.

California employers must take appropriate corrective action if the investigation results in a finding of sexual harassment. A victim of sexual harassment cannot expect the employer to terminate the harasser. In fact, the employee reporting sexual harassment may never know what action is taken by the employer so long as the employer takes affirmative steps to ensure the employee is protected from further incidents of sexual harassment and retaliation. If you feel that your employer has not taken appropriate steps to prevent any further incidents of sexual harassment or retaliation, you should immediately contact a sexual harassment attorney.

5 Ways to Avoid Conflict When You Take a Leave of Absence

Injuries, illnesses, family emergencies, and accidents happen but what if it happens to an employee? Employees in California do have rights when it comes to a leave of absence for particular reasons. The laws that govern leaves of absence in employment are quite complex even with the assistance of a Work Lawyer. There are a few ways though that an employee may be able to avoid conflict at work if they do take a leave of absence. In addition, these ways of avoiding conflict may also give insight to individuals who feel as though they have been wrongfully terminated because they took a leave of absence and want to hire a Work Lawyer. Each employee or former employee’s situation is unique therefore it is important to hire a Work Lawyer should there be an issue at work once he or she took a leave of absence or requested to take one.

1. Know how much time you get off for a leave of absence

Employees are technically entitled to a total of 12 weeks off if he or she takes a leave of absence that is recognized by the law. If an employee needs more than 12 weeks, he or she may need to have a doctor recommend this extended leave in writing in the form of an accommodation request. As mentioned previously, the laws in this area are complex and an employee or former employee would need the facts of their situation closely considered by a Work Lawyer.

2. Provide a note from your doctor if and when your boss asks for one

What if my boss requests a note from my doctor? Do I have to comply? If and when an employee puts in a request for a recognized leave of absence, their employer may ask the employee to provide documents from their doctor. An employee is not required to submit a note from their doctor, however, if an employer requests the note then it is required that the employee provide the document. The document(s) provided by the employee’s doctor do not need to disclose any personal information about the employee’s condition, illness, or injury, but it does need to provide what date the employee is expected to recover and return work. In addition, should the employee wish to return to work, the doctor’s documents should provide any information regarding any accommodation the employee may need while at the workplace. For example, an employee may have been injured in a car accident and suffered a back injury. They may take a leave of absence to recover. The employee’s Human Resources Department may provide the employee with paperwork for his or her doctor to fill out. In the paperwork, the doctor may provide the date in which the employee is expected to return to work as well as some restrictions on the employee’s duties such as not being able to lift a certain amount of weight or the requirement that the employee sits for 10 minutes after every few hours of standing. Here, in this example, the employee’s doctor provided a date for when he or she would return as well as particular details on restrictions and accommodation the employer may need to comply with upon the employee’s return.

3. Use the employer’s documents

Most employers or organizations have their own customized forms for their employees to take a leave of absence. These forms are usually for the employee’s doctor to fill out. Even though a doctor can provide a note from their office to your employer, it may be more productive to have the doctor provide their recommendations within the form provided by the employer. By having the doctor fill out the employer’s standard form for leave of absence, the employee may be able to demonstrate he or she complied with their employer during the process of taking a leave of absence.

An employee may request this paperwork as soon as they find out they need to take a leave. Whether it is in a few month or he or she is already on the leave due to an emergency, an employee should be as diligent as possible in requesting the employer’s customized form for a leave of absence.

4. Keep the employer and/or Human Resources department in the loop

From the beginning, middle, and end of a leave, keeping open communication with the employer or Human Resources department can be crucial. A leave of absence, depending on the particular circumstances, requires a lot of touches and go between an employee and their employer. For example, an employee may need to take extra time off after the 12-week mark. Another example may be if the employee can return to work before the 12 weeks is up but will need accommodation upon their return. Open communication between an employer and the employee may aid in avoiding future conflict or miscommunication. Should an employee find himself or herself in a position where they were terminated due to taking a leave of absence, the former employee may be able to use their open communication as evidence that he or she was wrongfully terminated.

5. Know your employee rights

If an employee needs to take a leave of absence or already has taken a leave of absence, it is essential for he or she to know their employee rights. By asking a Work Lawyer questions regarding their rights, an employee may be able to make an educated decision to pursue legal proceedings. A Work Lawyer is the type of attorney who handles employment matters, specifically leaves of absence matters. If an employee or former employee needs legal advice on a leave of absence matter, he or she should seek a Work Lawyer who offers free consultations and only works on a no win no fee basis. An employee taking a leave or who already has taken a leave may benefit from knowing their rights regarding a leave of absence because they will know what the law expects of them as well as their employer.

ARE YOU BEING SEXUALLY HARASSED?

sexual harassment attorney

Occasionally sexual harassment is glaringly obvious but at other times, it can be difficult to identify. All you really know is that the behavior is making you uneasy.

If yore unsure whether yore being sexually harassed, ask yourself these questions.

Is someone making comments about your body

For Example, there’s a difference between your outfit and your legacy look good because of the skirt

If someone at wor

Bottom of Form

Makes a way that makes you uneasy, it can constitute sexual harassment.

Are you making comments about your (or some other) sex?

Inappropriate comments dot should be directed for you to become sexual harassment. If you’re often overhearing coworkers making disparaging comments about people of the (or some other) sex or sex, this may create a hostile work environment

Are you currently being touched in a sense of scattering?

Unwanted touching is often one of the clearest examples of sexual harassment occasionally, even this is subtle. Some apparent and less obvious examples include:

– Unwanted massage

– Slapping, pinching, grabbing, or groping

– Hugging or kissing without permission even attempting to

– Intentionally rubbing against you

– Coercing you into touching another person

This is not a comprehensive list. In case you are in the process of being victimized, you may be a victim of sexual harassment

Would you ask for the behavior to stop?

1 way to tell something is about to be harmed.

Well-intentioned people sometimes do not like it and do not like it. But if you bring it to the forefront, they should stop.

Should they scatter when you ask them, then you can have a sexual harassment problem.

Are you currently being offered for exchange for sexual favors?

1 kind of sexual harassment is called quid pro quo. It means to

promote, promote, raise, or punish a person or a person.

What happens when you turn down a date?

Is not illegal to ask somebody out on the job. But it could be a problematic

– Continues to try to convince you to date

– Threatens consequences if you refuse

Do your coworkers discuss sex?

If someone in the office often talks about sex, asks your opinion about sexually-explicit movies or other content, or questions about your sexual life, this question may be a sign of harassment

Are you people of your sex or sex treated differently?

Are you in your workplace? Have you been treated differently?

As an example, some claims of sexual harassment include singling out in a male-dominated field for extra evaluation, criticism, and repercussion

Have you been asked to sexually explicit stuff?

Sexual harassment does not involve explicit comments or unwanted touching. It may also be an example hanging on a pornographic poster in the area or sending an offensive joke on email

If yore being exposed to pornographic imagery, jokes, song lyrics, or alternative content or materials at the workplace, this may add up to harassment

Do any of these scenarios look familiar to you?

If they do, then it might be time to speak with a sexual harassment attorney.

Sexual harassment continues to occur in the workplace, affecting both women and men.

Oftentimes, sexual harassment can continue to be intimidated or to talk. However, because of the #MeToo motion, more people are coming forward to sexual harassment at the workplace. A current Gallup poll sheds light on how to think of sexual harassment in the workplace when compared with the past. I

2017, 73 percent of women in the US said that sexual harassment is a major problem, compared to 66 percent of men. While many Americans still hold that opinion, men are starting to think otherwise.

Sexual Harassment at Work

Sexual Behavior Types of sexual harassment included:

– Inappropriate touching, or above

– Sharing inappropriate sexual pictures or videos

The poll also found that women are more likely than men to be sexually harassed. In 2017, 66 percent of men reported that sexual harassment at work was a major problem. As of 2019, that amount dropped to 53 percent. Forty-five percent of men and women are reported to report sexual harassment, which is higher by 33 percent in 2017. Similarly, 55 percent of men aged in 2017. While the motive sexual misconduct allegations against high-profile

#MeToo Movement

The #MeToo motion was founded to stand against sexual violence and harassment. Many women have talked about being sexually harassed. Since the beginning of the motion, men and women have come to talk about sexual harassment in the workplace. In 2018, only 48% of American women said they were treated with dignity and respect, which decreased 14 percent from 2017. However, the growth of women in powerful positions, like in Congress and corporate businesses across the country, can help tackle the problem of sexual harassment in the workplace.

DISCRIMINATION OF WOMEN IN THE ECONOMICS FIELD

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The field of economics recently discovered itself in the #MeToo spotlight following a survey conducted by the American Economic Association (AEA) revealed shocking allegations of widespread gender and race discrimination.

This revelation has delivered seismic shockwaves through the industry and beyond. Still, the girls who claim they were sexually assaulted, stalked, or otherwise handled shamefully because of their gender are finally getting an opportunity to set the record straight.

The High Cost of Harassment

As economics that has routinely tried to entice high-quality women. By making a hostile working environment, leaders in economics have set their livelihood up for serious problems. The AEA conducted the study from tens of thousands of returned surveys and uncovered that not only have female economists had been affected quietly, but they adopted silence as a protective reaction mechanism. In fact, about half said they wouldn’t speak up at career growth meetings and functions for fear of retribution from their coworkers. Not only does this limit the power of economics to become globally advanced, but it might lead to fewer women working in this field. Therefore, the economics industry might find itself on the unstable ground without serious alterations.

Protective Measures from the AEA

Few of the methods the organization is intending to use to curtail improper behaviors and full-fledged assault include:

– Creating a car to impose professional sanctions against individuals found guilty of sexual harassment charges Ending a Culture of Discrimination

Despite the AEs efforts, the only way to rid of the economics of its now-tarnished standing is to make gender discrimination and harassment entirely unacceptable. Although this may take years, it can start with innovative, well-regarded economists advocating for equitable treatment among colleagues. This has started to happen on certain levels. Last year, a male economist was publicly accused of creating a hostile work environment and sexually harassing workers. His case is still under review by Harvard University and he’s not been fully stripped of his capacity to work.
Generally scenarios, there are no laws in many countries that require the employer to supply the ability to breastfeed a child in an onsite daycare, however, some countries do ensure that the employer must give this opportunity to brand new mothers. Holding the employer accountable to adhere to the laws is especially important for mothers who see their babies in onsite daycare.

The Right to Breastfeed

While there is legislation that offers a person to breastfeed in public, there are other rules that could restrict the ability for a mother to do so in some specific locations. The right to provide young child milk from the mother in an onsite daycare doesn’t exist in many states throughout the nation. While the law may not provide to this, some companies will still provide the mother with the ability and opportunity to go to the onsite daycare to feed the new baby. This situation is not a right in such locations, but a lot of companies are adaptable for new mothers.

The Protections in Some States

When there is a law that provides a mother together with the right to breastfeed, this extends to onsite daycares and through days of the day when at work as well. Additionally, these protections cannot reduce or limit previous or present laws supplied by the national government. It is crucial to know what potential actions the mother has depending on the condition. Some locations prohibit discrimination for pregnant and new mothers. Others address what accommodations are available for mothers that recently gave birth. But if the state and national governments have no legislation in such scenarios, the employer has more power to decide what the mother can perform.

No Particular Law

Many states have not certain laws that provide protection to the mothers to breastfeed in a public or private area like an onsite daycare. If there is no specific law, the city or business could have a rule or ordinance that provides in such times. Normally, the mother will have to review the policies of their business to determine if break or lunchtimes are enough or if the cover gives the mother other times to breastfeed in the onsite daycare. Because the majority of states have no specific law, the mother might want to rely on national laws for public breastfeeding.

The Federal Law to Breastfeed

The national government provides mothers of babies to breastfeed in public and there are additional protections for almost all countries in the nation. Through this mandate, the companies in all countries must ensure that mothers have unpaid time to break for mothers that nurse babies or that must pump the milk to your child. This really is a one-time time limitation following the birth of the baby. The business might not offer time to breastfeed the baby in the onsite daycare, but the parent can often take the baby outside or into another specified place in the building to accomplish this task.

Taking the Child out of this Daycare

While the state might have no specific law, there are many that offer the capacity to breastfeed in public. If the organization is unwilling to allow the new mother breastfeed the baby in the onsite daycare, then she is able to take the child outside and away from business land to accomplish that in such scenarios. These are fractures without cover, but there is usually enough time to accomplish this task and then return to work. Some mothers that don’t have to continue being chained to the desk can also work and breastfeed at precisely the same time. This often is based upon the form of business and what the provider is willing to perform for new mothers.

Workplace Breastfeeding Rights

Some countries do have specific legislation that governs breastfeeding and business rules. Employees that are looking to breastfeed rather than using a bottle can do so as long as it doesn’t create an undue hardship on the business of the business. Additionally, the employer must then make all reasonable efforts to ensure that the mother has a personal, clean and available space to complete the breastfeeding. This will require a different space than inside the onsite daycare or even a space in the daycare facility

Legal Support for Breastfeeding Mothers

Some mothers are under limitations on where to breastfeed whenever there is an onsite daycare. Contacting a sexual harassment lawyer can assist with providing a business remedy to this situation that could happen through compromise and communicate between the worker and the business that doesn’t negatively impact the provider.

LOTS OF ACTS OF SEXUAL HARASSMENT OCCUR IN WORK ENVIRONMENTS

sexual harassment attorney.

Lots of acts of sexual harassment occur in work environments, and the abuse may be subtle or obvious.

It can start with comments about the victims look to consistent and undesirable remarks. This, together with physical contacts, such as inappropriate touching or hugging and kissing, represents sexual harassment.

Office parties may breed these Kinds of behaviors with workers having private conversations, dance, and engaging in team building

Activities. Alcohol consumption can magnify these activities. Forms of the harassment range from apparently innocent to outright sexual assault. 1 offensive remark might be forgotten, but when repeated, it may become a real problem. In fact, minor incidents may lead to serious ones if the behaviors are not addressed early.

Subtle Examples

Personal questions, even when they begin casually, can be inappropriate. An employee doesn’t need to answer these types of inquiries; rather they should be reported. Many abusers use text messages and emails to send suggestive comments and any other writings or graphics with sexual undertones.

Obvious Examples

A victim shouldn’t ever let themselves be alone in a room using a possible abuser. Some abusers may be violent and aggressive, demanding sexual favors in exchange for salary increases or promotions. These behaviors are extremely serious and must be reported instantly. Other blatant acts incorporate sexual gestures toward another worker, making hurtful comments, sharing pornographic images, and creating insults directed at a different person gender.

Speaking Up

Even though the #MeToo motion has greatly increased consciousness about sexual harassment, many people may not realize they are being victimized. Bigger companies have human resources departments, and this is a fantastic place to get started. Otherwise, a trustworthy supervisor should be informed about the situation.

Certain employees may be uncomfortable speaking up for fear of retaliation. Recognizing sexual harassment and reporting it instantly might go a long way toward stopping the cycle of abuse.

Legal Help

If you or somebody you know was a victim of sexual harassment on the job, a knowledgeable sexual harassment attorney can assist.

Many instances of sexual harassment go awry. But when those who endured return to bring their harassers to justice, many victims worry that if they succeed in obtaining a sexual harassment settlement, then they might need to forfeit a significant amount of money in taxes.

Those worries stemmed from taxation law reforms passed at the end of 2017, which were set in place to prevent hush cash in sexual harassment settlements.

Previously, if a victim of sexual harassment accepted a settlement which included signing a non-disclosure agreement (NDA), they gave up the right to treat their attorney’s fees as exempt. For example, I

A case that resulted in a $250,000 settlement, the plaintiff could be taxed on the whole sum, even when they paid a contingency fee to a sexual harassment attorney. The attorney, then, would also need to pay taxes on the income they get. Victims have the right to deduct lawyer fees from the settlement they get, even when they signed an NDA as part of the arrangement. However, all victims of sexual harassment need to be very careful before signing any settlement. Tax implications are anywhere in settlement agreements, such as toward the harms suffered.

In general, compensatory damages awarded to a plaintiff because of physical harms are not supposed to be vaccinated. The IRS heavily believes the description and order of events. If physical injuries caused emotional injuries, they might be taxable. For example, if the melancholy developed first, a resulting migraine is taxable.