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    A Look at the Class Action Employment Discrimination Suit Against Wal-Mart

    Last updated 5 months ago

    Gender bias in the workplace is a common reason why people turn to discrimination lawyers for help, and it’s also the reason behind the largest class action lawsuit in U.S. history. The lawsuit was filed by six plaintiffs on behalf of all women working at Wal-Mart. The claimants allege that women who work at Wal-Mart are routinely passed over for promotions, despite being qualified.

    Watch this video to learn more about this massive class action lawsuit, including the potential jury award, which may number in the billions. You’ll hear from one of the plaintiffs and her lawyer, who points out that although women comprise two-thirds of employees at Wal-Mart, they hold just one-third of management positions.

    If you feel you’ve been passed over for a promotion because of gender bias, contact the Advocacy Center For Employment Law in San Jose. Call (408) 600-1972 to schedule a case review with a discrimination lawyer.

    A Look at the Pregnancy Discrimination Act of 1978

    Last updated 6 months ago

    The Pregnancy Discrimination Act of 1978 amended the Civil Rights Act of 1964. It added an important subsection to section 701, which states that women shall not be discriminated against on the basis of gender because of pregnancy or childbirth, nor any associated medical conditions. Furthermore, the act makes it illegal for employers to exclude women from receiving fringe benefits. Although the act does not require employers to provide health insurance to cover abortions, exceptions are made in the case of pregnancies that are life-threatening to the mother and in cases of medical complications as a result of an abortion.

    If you feel that you may have been discriminated against because of pregnancy or childbirth, a sexual harassment lawyer can review your case to determine if the law applies. For example, your employer is legally required to hold your job in the event of a pregnancy-related absence. The job must be held for the same time period as it would be for sick or disability leave.

    The Advocacy Center For Employment Law specializes in civil rights claims and employment law, such as cases of wrongful termination and sexual harassment. San Jose-area residents are encouraged to call us at (408) 600-1972 or explore our services on our website.

    Steps You Can Take to Help Prevent Workplace Sexual Harassment

    Last updated 6 months ago

    Employers are legally required to establish a workplace free of sexual harassment under Title VII of the Civil Rights Act. Your employees should never have to cope with demoralizing and unwanted advances or other forms of sexual harassment. Not only are they illegal, but they’re also counterproductive and could form the basis of lawsuits against your company. Prevention is always the best policy. However, it’s important to determine in advance how you will respond to instances of possible sexual harassment.

    Establish a Written Policy
    All companies should have an anti-harassment policy clearly stated in the employee handbook. Since the law may be difficult to understand, it’s in your company’s best interests to work with a sexual harassment lawyer in developing your anti-harassment policy. A lawyer can help you define the many forms of sexual harassment, establish a procedure for lodging complaints, and determine how an investigation will proceed. Your policy should also state that sexual harassment will never be tolerated in the workplace, that it will be met with strong discipline, and that retaliation against complainants will not be tolerated.

    Launch Employee Training Initiatives
    Hold employee training sessions on a regular basis and ensure new employees are up to speed on your company’s policies. Your training sessions should thoroughly review the written policy and explain the many manifestations of sexual harassment. During your training sessions, discuss how employees can file a complaint and explain how complaints will be investigated.

    Conduct Managerial Training Sessions
    Supervisors and other managers should attend regular managerial training sessions that cover the many facets of sexual harassment law. Managers should be educated as to how they must handle complaints. This will help to protect your company and your employees.

    The Advocacy Center For Employment Law can work with your company to establish sound training initiatives and anti-harassment policies. We offer expertise in sexual harassment claims, with a solid track record of claims resolution. To learn more about the benefits of working with a sexual harassment lawyer, contact our San Jose law firm at (408) 600-1972.

    U.S. Senate Passes New Employment Non-Discrimination Act

    Last updated 6 months ago

    Discrimination occurs when someone is treated differently or less favorably in the workplace. The Equal Employment Opportunity Commission specifically protects against discrimination because of an employee’s race, color, religion, sex, national origin, pregnancy, or disability. However, the EEOC doesn’t currently protect against discrimination based on someone’s sexual orientation. 

    Earlier this year, the Senate passed the Employment Non-Discrimination Act, which prohibits discrimination against gay, bi-sexual, and transgender workers. As this news report explains, the legislation passed with a large margin, however it may still face opposition in the House. This is the first time in history that the Senate has passed ENDA, making it a historic piece of employment legislation.

    To learn more about significant employment legislation, contact the Advocacy Center For Employment Law at (408) 600-1972. Our San Jose discrimination lawyers are dedicated to creating client relationships based on trust and mutual respect.  

    Is it Illegal for an Employer to Misrepresent Your Job Duties?

    Last updated 7 months ago

    Unfortunately, it’s not uncommon for someone to give up a current job and relocate his or her entire family for a new job, only to discover that the new position he or she accepted was temporary, non-existent, or different than described. If a new company makes a promise to offer a particular job and then alters that offer, the employee may have grounds for a lawsuit. Even if someone lives in an at-will state, he or she can talk to an employment lawyer about filing a claim of fraud, breach of contract, or even discrimination.

    Fraud occurs if the company makes false representations that it had no intention of honoring or fails to disclose important information about a job position before the employee accepts. For example, if the company already had financial problems and planned to offer the position only temporarily, this can be a misrepresentation of the job status. Success in a fraud claim depends on how the company recruited the employee and how long it kept the employee in his or her new position.

    Breach of contract
    Even if the employee wasn’t given a written contract, making a job offer that was accepted is considered a contract. In addition, anything in writing, including e-mails, can be legally considered a contract. As a result, failure to put the employee in the offered job or at the salary offered is considered a breach of contract.

    Sometimes, people are offered jobs over the phone, without meeting in person until they are hired. If a company fires or demotes an employee after meeting him or her for the first time and discovering that he or she is a different race, age, or national origin than expected, the company can be held liable for discrimination.

    If you accepted a job offer under false pretenses, the Advocacy Center For Employment Law can help. Since 1994, we have specialized in San Jose employment law, focusing on wrongful termination, sexual harassment, and discrimination lawsuits. Call (408) 600-1972 or visit our website to schedule a consultation. 

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