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February 2012 Archives

Woman fired for asking to use breast pump at work

Giving birth to a child is one of the most joyous experiences a mother can have. Fortunately, many working moms in California are protected under state and federal medical leave rights so that they can take time off of work after they have a child to recover and to bond with their new baby.

Increase in workplace religious discrimination cases during 2011

Employees' claims of religious discrimination in the workplace are continuing to increase throughout the U.S. Some attributing factors to this may be better employee awareness of one's rights under state and federal laws as well as an increasingly diverse workforce in San Diego and throughout the entire country.

Did a San Diego Starbucks refuse to hire a disabled man?

A San Diego Starbucks store has been accused of disability discrimination after allegedly refusing to hire a qualified applicant with a physical impairment. Born with only half a left arm, the applicant claimed that he was denied a position at Starbucks because of this physical disability, despite having an exemplary work history in the food service industry. The man filed a lawsuit against the coffee chain earlier this month.

Danger on the runway: Models face harassment, bad work conditions

Models are certainly considered to be beautiful in the fashion industry, but many claim that the conditions models are encouraged to work in and sometimes forced to work in are anything but the sort. They face significant pressures throughout their working careers, like maintaining precariously low weights, working long hours and keeping quiet when they experience professional misconduct for fear of losing their income. Many of the models are no more than teenagers recruited from impoverished countries. And they are generally unfamiliar with their rights in the workplace, allowing egregious violations such as sexual harassment to occur unchallenged, a recent initiative claims.

California employment law issues: What is wrongful termination?

We have discussed the many state and federal laws that employees are protected by in California on our San Diego employment law attorney blog, but these laws are also very complex and may be confusing to employees and employers alike. One employment law issue that is particularly complicated in California is wrongful termination.

EEOC files religious discrimination suit against electric company

In California and in other states, it is illegal to discriminate against employees. When employees believe they have been discriminated against because of their religion or other factors, employees may take legal action to ensure that their employers comply with important state and federal laws.

When is a work environment considered to be hostile in California?

When an employee claims that an environment has become hostile under FEHA, the employee must be able to provide sufficient evidence of the harassment being severe enough to change the conditions in the office and to affect one's ability to do his or her job. Additionally, if employees claim that harassment against other workers affected their own ability to work, the employees must provide sufficient evidence that they witnessed the harassment in person.

Racial discrimination and retaliation major problems in workplace

Discrimination in the workplace and wrongful termination appear to be widespread problems in California and throughout the entire country. According to the U.S. Equal Employment Opportunity Commission (EEOC), complaints from workers were up during 2011 for a second year in row with the majority of the charges against employers alleging racial discrimination and retaliation in the workplace.

Company sued after failing to inform employee of FMLA policy

A man won his wrongful termination lawsuit last month after alleging that his employer failed to effectively communicate the company's Family and Medical Leave Act benefits policy. The man, who had used unpaid leave benefits to recover from a shoulder injury, returned to work to find that he had been fired because of too many unexcused absences, despite assurances that his job would be protected. The court found that the company had not adequately explained its policy regarding employees' leave rights.

Former unpaid intern for Harper's Bazaar sues parent company

College students in San Diego and throughout the entire state of California might expect to not be paid while working as an intern. Although no one really wants to work for free, many college students choose to pursue internships in order to get the experience they need in the workplace before they look for full-time jobs after graduating from college.