Donald R. Holben & Associates, APC San Diego Employment Law and Business Law Attorneys | Palm Springs, CA2024-01-23T14:44:51Zhttps://www.sandiegotrialattorneys.com/feed/atom/WordPress/wp-content/uploads/sites/1501346/2020/12/cropped-og-image-2020-08-13-01-49-40-32x32.jpgOn Behalf of Donald R. Holben & Associates, APChttps://www.sandiegotrialattorneys.com/?p=483072024-01-23T11:50:42Z2024-01-23T14:44:51ZExclusion from meetings or projects
One subtle sign of discrimination is getting left out of important meetings or projects. It might be discrimination if you find that you are often not included in opportunities provided to others with similar qualifications.
Differential treatment
Look at how your employer treats you compared to your colleagues. Is the treatment different, without a good reason? This could include getting passed over for promotions, receiving unfair negative evaluations or facing harsher discipline for similar issues.
Jokes and comments
Discrimination can also show up in jokes or comments that put people down or are otherwise offensive. Even if the comments are intended as a joke, they can make the workplace feel hostile and might be a sign of discrimination.
Lack of diversity
A workplace that lacks diversity, especially in leadership roles, can sometimes point to discriminatory hiring or promotion practices. While not a guaranteed sign of discrimination, it is a red flag, especially if qualified people from diverse backgrounds are consistently not getting these opportunities. Employers of as few as five employees must adhere to the Fair Employment and Housing Act, which prohibits discrimination.
Everyone deserves to work in a place that is fair, respectful and free from discrimination. Staying alert to these less obvious signs can help you ensure your workplace is inclusive and fair.]]>On Behalf of Donald R. Holben & Associates, APChttps://www.sandiegotrialattorneys.com/?p=483022024-01-22T14:13:13Z2024-01-22T14:13:13ZRecognizing the problem
Origin discrimination occurs when an employee receives unfair or different treatment based on their country of origin, ancestry or ethnicity. It often manifests in various ways. Those may include derogatory comments, microaggressions and /or unequal opportunities.
The weight of stereotypes
One of the most insidious forms of origin discrimination is the perpetuation of stereotypes. When coworkers or supervisors make assumptions about an employee's abilities, interests or values based on their national origin, it can create an uncomfortable and hostile work environment. Such stereotypes may limit a person's potential and hinder personal and professional growth. It also impacts overall productivity.
Unequal opportunities
Employees who encounter origin discrimination often find themselves facing unequal career opportunities. They may find it challenging to access leadership positions, mentoring or development programs. Recognizing these disparities is necessary for building a truly inclusive workplace.
Unequal pay and benefits
One consequence of origin discrimination is sometimes unequal pay and benefits. Employees can face disparities in compensation based on their origin. This wage gap can lead to financial instability and lower morale among affected employees.
Mental health impact
Origin discrimination in the workplace can have a severe impact on an employee's mental health. Experiencing discrimination can lead to anxiety, depression and a sense of isolation. This emotional toll can diminish productivity and well-being.
Origin discrimination is a persistent challenge in today's diverse workplaces. In FY 2022, the Equal Employment Opportunity Commission received 73,485 discrimination charges. Employees must call attention to any form of discrimination they experience or witness in the workplace.]]>On Behalf of Donald R. Holben & Associates, APChttps://www.sandiegotrialattorneys.com/?p=482212024-01-22T14:02:34Z2024-01-22T14:02:34ZEmployee rights and responsibilities
Employees who believe they have experienced discrimination have the right to file a complaint with relevant state agencies, such as the Civil Rights Department. If evidence proves that discrimination took place, employers can face penalties and legal consequences. Employees can also pursue civil lawsuits for damages.
While employees have strong legal protections against discrimination, they must also be cautious about making false claims. Employees who make false allegations may face consequences, such as:
Civil liability
Employment consequences
Loss of legal protections
Potential criminal charges
Reputation damage
While individuals have the right to raise concerns about workplace discrimination, they should exercise caution, truthfulness and responsibility. Making false accusations can hurt everyone involved.
Legal responsibilities of small business owners
Laws require California small business owners to ensure their workplaces are free from discrimination. They must enforce anti-discrimination laws to create and maintain a fair and inclusive workplace. Here are some examples of how they can do so:
Establish anti-discrimination and harassment prevention policies
Provide employee training
Follow fair hiring and equal pay practices
Promote diversity and inclusion
Conduct compliance audits
Maintain thorough records
Compliance with these state and federal laws is necessary to avoid legal consequences.
False allegations
False allegations of discrimination can have serious repercussions. Business owners must navigate these allegations carefully to protect their rights and maintain a healthy workplace.
Small business owners facing false allegations must take them seriously. They should conduct a thorough investigation, maintain proper documentation and consult with HR professionals to ensure a fair resolution. False allegations can harm the reputation of a business, so addressing those allegations promptly is essential.
The legal equation
Workplace discrimination and false allegations are complex issues with significant legal implications for California employees and small business owners. Balancing employees' rights and small business owners' responsibilities is important. This requires a thorough understanding of the legal framework and a commitment to fairness.]]>On Behalf of Donald R. Holben & Associates, APChttps://www.sandiegotrialattorneys.com/?p=482442023-12-29T21:25:13Z2023-12-29T21:25:13Z1. Unequal opportunities for growth and advancement
One sign to look for is the unequal distribution of opportunities for growth and advancement. This may manifest as certain employees getting consistently passed over for promotions or not receiving challenging projects that can help them develop their skills and careers.
2. Microaggressions and stereotyping
Microaggressions are small and often unintentional comments or actions that perpetuate stereotypes and can create a hostile work environment. They can include offhand remarks, jokes or assumptions based on a person's gender, race, religion or other personal characteristics.
3. Unequal access to resources
Discrimination can also take the form of unequal access to resources. This includes disparities in training opportunities, access to mentorship or even access to essential tools and information necessary for performing one's job effectively.
4. Isolation and exclusion
Feeling isolated or excluded is another subtle sign of discrimination. It can manifest as exclusion from informal gatherings, such as team lunches or social events, or getting left out of important meetings or discussions that impact one's work.
5. Pay disparities
Pay disparities between employees doing similar work can be indicative of discrimination. Even when job titles and responsibilities are similar, unequal pay can exist due to factors like gender or race.
Paving your career path comes with challenges. Unfortunately, sometimes those challenges come from systematic discrimination issues. The sad truth is the U.S. Equal Employment Opportunity Commission has seen more than a 50% increase in discrimination lawsuits in the last year.]]>On Behalf of Donald R. Holben & Associates, APChttps://www.sandiegotrialattorneys.com/?p=482262023-12-29T20:41:06Z2023-12-29T20:41:06ZUnequal treatment
Unfortunately, discrimination in the workplace is not rare; the Equal Employment Opportunity Commission, or "EEOC", received over 4,000 reports or workplace discrimination in California alone in 2022. Discrimination often starts when employers mistreat people at work due to protected characteristics, like race, gender or age. Seeing that some employees consistently get better pay, promotions or opportunities because of who they are might be a sign of discrimination.
Harassment
Harassment at work is a form of discrimination. An example of this would be when people make mean comments or jokes or treat someone badly because of their background. If you experience or witness harassment, it is important to report it to your HR department or supervisors.
Systemic discrimination
Discrimination can also manifest itself in systemic ways. Pay attention to policies, practices or requirements that affect one group over others, even if the intent is not discriminatory. Such practices may still be illegal if they impact protected groups.
No accommodations for disabilities
Employers must make reasonable accommodations for employees with disabilities. This means they should help employees with disabilities do their jobs. If your employer does not do this, or punishes you for asking for help, it could be discrimination. It is crucial to understand that employees with disabilities have the right to equal treatment.
Unfair hiring practices
Discrimination can also happen during the hiring process. If a job posting excludes certain groups or mentions things like age, gender or other protected characteristics, it could be a sign of discrimination. Employers should make sure their job listings follow California's anti-discrimination laws.
Lack of diversity and inclusion
If there are very few diverse leaders or if your company does not have programs to make everyone feel included, it might mean there is a problem with discrimination. Organizations need to actively work on diversity and inclusion to make the workplace fair and welcoming for all.
If you think you are experiencing discrimination at your workplace, remember to keep records of what happens, and report it to your HR department or supervisors. California has laws against workplace discrimination, and everyone has the right to seek help if their rights are being violated.]]>On Behalf of Donald R. Holben & Associates, APChttps://www.sandiegotrialattorneys.com/?p=482902023-11-13T12:02:48Z2023-11-13T12:02:48ZTitle VII of the Civil Rights Act
Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on religion. This landmark legislation established that U.S. employers must accommodate an employee's religious practices unless doing so would cause undue hardship to the business.
Reasonable accommodations
Employers must make reasonable efforts to accommodate an employee's religious observance. These efforts could include some of the following actions:
Granting time off
Allowing flexible scheduling
Encouraging shift-swapping with colleagues
Employers may also need to consider alternatives such as hiring temporary staff to cover for the absent employee during religious holidays.
Undue hardship
If accommodating an employee's religious request would impose an undue hardship on a small business, the employer may be exempt from providing the time off. Undue hardship refers to actions that would cause significant difficulty or expense to the business. Factors such as the size of the company, the nature of the business and the availability of alternative staffing can all influence what the law considers an undue hardship.
One key to accommodating religious observances is communication between employers and employees. Employers should encourage employees to notify them as early as possible about their need for time off for their religious observances. In turn, employees should make a good-faith effort to work with their employers to find reasonable solutions.]]>On Behalf of Donald R. Holben & Associates, APChttps://www.sandiegotrialattorneys.com/?p=482202023-11-13T11:50:14Z2023-11-13T11:50:14ZFrequent offensive jokes or comments
If you notice that colleagues regularly make inappropriate remarks about race, gender, age or any other personal attributes and the management does nothing to stop it, this can signal a toxic work environment. The California Civil Rights Department enforces our state's civil rights laws, including those prohibiting discrimination in the workplace.
Intimidation tactics
Any form of intimidation, be it through aggressive behavior, threats or even constant negative feedback, can lead to a feeling of being unsafe at work. If you constantly feel on edge because of the behavior of your peers or superiors, you might be in a hostile environment.
Exclusion and isolation
Consistent exclusion from meetings, discussions or social events related to work can be another sign. This applies to situations where you feel purposefully left out or isolated.
Overwhelming negativity
A workplace where negativity, criticism and pessimism overshadow positivity, encouragement and optimism can be draining. Such an atmosphere can dampen morale and hinder productivity.
Unwanted advances or comments
If you experience or witness unwelcome advances, especially of a sexual nature, or inappropriate comments that make you uncomfortable, it is a clear sign of hostility. No employee should ever feel unsafe or harassed in their place of employment.
Management's inaction
A significant indicator of a hostile work environment is management's indifference or inaction toward negative behavior. If you or your colleagues have raised concerns and see no changes or interventions, it shows a lack of commitment to creating a positive workspace.
While every job has its challenges, no one should tolerate a persistently hostile work environment.]]>On Behalf of Donald R. Holben & Associates, APChttps://www.sandiegotrialattorneys.com/?p=482222023-11-13T11:33:58Z2023-11-13T11:33:58Z1. What is reasonable accommodation?
Reasonable accommodation is a legal requirement in California under the Fair Employment and Housing Act. It refers to modifications or adjustments made by employers to ensure that individuals with disabilities have equal access to employment opportunities. These accommodations enable employees with disabilities to perform their job duties effectively.
2. What are the qualifying requirements?
Reasonable accommodation applies to individuals with disabilities, which the FEHA defines as a physical or mental impairment that limits a major life activity. California law also protects individuals perceived as having a disability or who have a history of such impairments. The individual must also possess the necessary skills and qualifications for the position in question.
3. What are the types of reasonable accommodations?
A reasonable accommodation can come in many forms. According to a recent study, nearly half of employers surveyed reported the accommodations made cost nothing to implement. Depending on the situation, it could be as simple as modifying or reorganizing job duties, allowing for modified work hours or break times, providing assistive devices or software to aid employees, or installing ramps, widening doorways or making restrooms wheelchair accessible.
While employers must provide reasonable accommodations, there are limits. If an accommodation imposes an undue hardship on the employer, they may not have to provide it. However, employers must prove this undue hardship with concrete evidence.]]>On Behalf of Donald R. Holben & Associates, APChttps://www.sandiegotrialattorneys.com/?p=482122023-10-09T20:35:39Z2023-10-09T20:35:39ZBusiness needs
Before settling on a business structure, clarify the objectives and needs of your business. Are you a solo entrepreneur, or are you planning to have partners? How you plan to manage and grow the business also plays an important role in the decision-making process.
Personal liability
Different business structures offer varying levels of personal liability protection. For instance, a sole proprietorship holds you directly responsible for the debts of the business, while corporations offer more protection against personal liability. It is important to choose a structure that aligns with your comfort level regarding personal risk.
Tax implications
Taxation varies based on the business formation you select. Some structures, like sole proprietorships, mean you pay taxes on business profits as personal income. In contrast, corporations can lead to double taxation, where both the company and the shareholders pay taxes on profits.
Operational complexity
Some business structures require more administrative work and formalities than others. Corporations, for example, need to hold regular board meetings and maintain specific records. Consider structures like sole proprietorships or partnerships if you prefer a more straightforward operational approach.
Growth and investment potential
Your business formation can influence your ability to raise capital and grow. Investors might be more inclined to invest in corporations than in sole proprietorships. If you aim to expand your business significantly or seek external funding, factor this into your decision.
While there is no one-size-fits-all answer, understanding the nuances of each type of business structure and evaluating them against your business goals can pave a solid foundation for your entrepreneurial journey. Remember, the right choice now can make all the difference in the future success of your business.]]>On Behalf of Donald R. Holben & Associates, APChttps://www.sandiegotrialattorneys.com/?p=482102023-10-09T20:19:54Z2023-10-09T20:19:54ZCalifornia Family Rights Act is legislation that ensures employees have the opportunity to prioritize their mental health without fearing job loss or repercussions.
What is the California Family Rights Act?
The CFRA is a state law safeguarding the rights of eligible employees to take unpaid leaves of absence for various family and medical reasons. This includes mental health concerns. This act applies to companies with five or more employees.
The CFRA allows eligible employees to take up to 12 weeks of unpaid leave within a 12-month period. During this time, employees can seek treatment, attend therapy sessions, or take a break to alleviate the symptoms of mental health conditions. Employees must provide reasonable notice to their employer when requesting such leave.
Who is eligible for mental health leave?
To be eligible for mental health leave under CFRA, employees must work for their employer for at least 12 months, during which they clock a minimum of 1,250 hours. These requirements ensure that those who invested time and effort into their jobs receive support when they need it the most. Employees who return from leave receive reinstatement to the same or an equivalent position.
This legislation provides job protection to employees who take leave for mental health reasons. The CFRA not only helps individuals prioritize their well-being but also contributes to a more compassionate and supportive work environment across the state of California.]]>