Thursday, January 29, 2015

The Right Way to File a Workplace Discrimination Claim or Case



Everybody is unique. People have different color, race, religion, capabilities, age, and gender. These differences, make each and every one different. However, these difference should never define one’s capability and person. However, despite this, many people believe otherwise and continue to look down and discriminate against others.  If you feel violate, harassed and abused on the basis of age, sex, race, national origin sex, and genetic information, or have been retaliated to by your employer because of your participation in an investigation or trial of case of discrimination, you can file a complaint against the latter.

Filing a Discrimination Complaint
Being a victim of workplace discrimination is not at all easy. Filing a claim is even more difficult. It is a strenuous phase that not a lot of people are willing to experience. However, you must realize that you need to stand up for the rights that were guaranteed by the country’s federal laws. First and foremost, you must file a charge to the US Equal Employment Opportunity Commission (EEOC). You will then get a “Notice-of-Right-to-Sue” should the EEOC dismiss the claim. After receiving that notice, you can file a lawsuit in a court of law. Charges should be filed within 90 days. Failure to file the claim within that period will invalidate your claim. So you have to make sure that you file the claim as soon as you can so your claims will progress.

Things to Remember When Filing a Lawsuit While the EEOC Investigations are On-going
For Age discrimination charges, you can file the claim even before you received the notice of Right-to-sue. However, you may only file the claim within the 180 days or a notice of the investigation of your claim. You must remember though that asking for a notice to sue will automatically make the EEOC dismiss the case.

Filing a Lawsuit
Ultimately, filing a lawsuit is your last resort in seeking justice for the acts of employment discrimination that you experienced. That is why it is best that you exhaust all efforts with the help of the EEOC first before resorting to this costly and strenuous legal action. In doing so, you must seek the help of a good and experienced Los Angeles employment discrimination law attorney to help you weigh and figure things out. Such could help you better evaluate your chances and identify the strengths and weaknesses of your claims. This will definitely help you make the right decision in utilizing legal remedies for your situation.

Asking for the Help of a Good Lawyer
Such complicated legal remedies may be hard to understand. That is why it matters to have the advice of the best employment law attorney in Los Angeles that you can find. This way, you won’t end up making decisions that you will be regretting soon. Take time (while still thinking about the statutes for filing such lawsuits) and carefully assess your situation with your lawyer. Should you decide to go and file a claim, make sure that you prepare well by getting all of the pieces of evidence needed, as well as witnesses to back up your claims. These things will help ensure that you get justice for what has happened to you, while protecting other potential victims of abuse.

Nobody deserves to be treated like a second class citizen, or a slave. So stand up for your rights and never let anybody take advantage of you.

Wednesday, January 7, 2015

Myth Debunked: Women Have Actually Worked in the Early 20th Century



There is this popular belief that the emergence of women in the American workplace started in the 1970s. Actually, it is a myth. In fact, the Second World War has been witness to women making contributions not in the battlefield, but in the home front. Remember Rosie the Riveter? The iconic image of American women performing work in factories during wartime shows that women, too, can make valuable contributions in employment just as men do. But then, even before the Great Depression left America’s economy in shambles, women have long since been working in several industries.

In fact, a recent article from Slate showcased census data of single and married women and their respective professions back in 1920. Illustrated in horizontal bar charts, they detail the occupations of 8,346,796 “gainfully employed” women. The census, which took place from January 1920 onwards, was then published eight years later, in 1928, by the Women’s Bureau of the US Department of Labor. By the time the census occurred, the total resident population of the United States was 106,021,537.

Census highlights

Of the total number of “gainfully employed” women in 1920, about 23 percent of them were married. Of all the occupational categories, most of them did domestic work—they were cooks, waitresses, and laundresses, and they account for 26 percent of all gainfully employed women. Almost 23 percent were under manufacturing, where they mostly worked in textile factories. Bookkeepers, cashiers, accountants, clerks, stenographers and typists, and other professions under the clerical category accounted for 17 percent. About 12 percent were women professionals who taught in schools, taught music, and worked in hospitals as trained nurses.

The remaining occupational categories included in the charts were agriculture, trade, and transportation. It is worth noting that women under the transportation category were mostly telephone operators. This is due to the fact that during those times, telegraphy grew in popularity thanks to the railroad system.

What the data means

The data just goes to show that women in the workplace were already contributing in employment, especially married ones. In fact, “gainfully employed” married women increased by 9 percent that year from around 4 to 5 percent in 1890.

The data also provided some perspective as to how families earn. Indeed, the wages of women workers were not just improvements to what working males earn; they were deemed vital to the family finances. This is one of the many reasons why during those times, the Women’s Bureau has already been fighting to stop wage discrimination. Decades later, the Equal Pay Act (EPA) was enacted to provide equal pay for both male and female employees for their equal work.

Monday, December 22, 2014

Domestic Violence and Sexual Assault Clasp ‘Stalking’ Under SB 400

In general, as defined and stated under the California Penal Code and civil stalking statute, stalking is well-defined as embracing a pattern of unpleasant action or misconduct with the primary intention of causing alarm or even harassment to the victim. Undeniably, it has been indeed a major problem being suffered by human race for decades. Stalking comes in many forms and could happen anywhere including the workplace.

In a study released on January 13, 2008, the U.S. Justice Department’s Bureau of Justice Statistics stressed about 130,000 stalking victims testified that they were fired or asked to leave their job due to it. According to the overall gathered data, anxiety for safety and inconveniences caused when getting a restraining order or even testifying in court are some of the reasons why 1 in 8 employed stalking victims lost time for their work.

Consequently, employment protection welcomes stalking as it has been finally approved to jam with domestic violence and sexual assault prohibitions stated under the Labor Code, specifically, Sections 230 and 230.1, signed by California Governor Jerry Brown, last October 11, 2013. This went into effect starting January 1, 2014.

While prior version of the California Labor Code shields employees away from distresses which are limited to domestic violence and sexual assault alone, the amended law now considers stalking as additional aspect under employment protections expected to be favorably adored by all employees and to serve their welfare much better. It settles bars in between an employee and any discrimination or retaliation actions of a particular employer opposing his or her employee. In fact, similar protections were amended to the victims of stalking together with the preys of domestic violence and sexual assault.  It also declares that discrimination against any of these victims because of their status and creating obligation privileges similar to those made especially for disabled employees is considered, by any grounds, unlawful.

Moreover, reasonable accommodation provision demands employers to be accountable for implementing and refining accommodations that guarantees reliable security for victims of domestic violence, sexual assault, or stalking, in the workplace. These accommodations may include schedule modification, casual changing of work telephone number or even work station, assistance in petitions regarding the three aspects, and other security actions.

On the other hand, in accordance to the California Fair Employment and Housing Act, California Civil Code § 12926, accommodations which may trigger an undue hardship to potentially affect the business operations of a particular employer will not be permitted.

Furthermore, in spite of any time limitations written in Section 98.7, a complainant [employee] may file a claim regarding committed violation in reference to the law within a year from its occurrence.

Wednesday, December 11, 2013

AARP: Don’t Bargain Away Medicare and Social Security Benefits


As part of the budget negotiation, the federal government is currently eyeing on reducing or even totally cutting Social Security and Medicare in an aim to reduce the federal budget deficit. Naturally, many Americans would oppose such proposal.

Recipients and advocates of Social Security and Medicare argue that a cut to both federal benefit programs will not only hurt individuals but businesses and economy as well. Thus, a separate debate about how to strengthen these programs is indeed necessary.

Therefore, in an effort to secure the future of Social Security and Medicare, the American Association of Retired Persons (AARP) for the last two years has been working hard to run a national campaign called ‘You’ve Earned a Say’.

The program aims to engage people into a conversation about the future of Medicare and Social Security. Whatever the reasons are, for older Americans, it is not reasonable to cut the programs. Thus, in a message that they want to convey to the President and the Congress, the seniors say, “Don’t bargain away my Medicare and Social Security benefits.”

Several advocates and recipients of the federal programs can’t help but to voice out their concerns regarding the proposed cut on benefits. While some are concerned about the long and hard earned efforts of the members to secure their future in their golden age, others are worried about the future of their children and grandchildren if the future can’t guarantee strengthened federal programs.

Once again, the AARP renews its call on the president and Congress to exclude Social Security and Medicare on any budget deal. Also, the organization pledged that it will continue to battle against any possible harmful cuts to the federal benefits and other factors that could likely affect the Social Security cost-of-living allowance such as the chained CPI to name one.

So far, the current administration is considering either a reduction in federal benefits or an increased payment to address the growing problem. However, such solutions aren’t deemed as a responsible one, particularly for Los Angeles, where consumer prices are at their peak. “What people can probably say a solid solution is perhaps a lowered health care cost and consumer prices. Also,cracking down frauds and inefficiency will definitely do a great job,”  said the long term disability lawyer.

Wednesday, November 27, 2013

Social Security Closing Schedule for Thanksgiving Weekend


Tomorrow, all social security offices will be closed to public to give employees time off their on Thanksgiving Day as a sign of gratitude for their hard work this year.

Based on the 2013 Holiday Closing Schedules released by the Social Security Administration (SSA) in its official web page, all of its offices will be closed by November 28 in line with the celebration of nationwide feast, the Thanksgiving Day.

In addition, the agency also announced that the day after the Thanksgiving, although employees are required to report back to their job, all offices will still be closed to public so that employees may focus on working in backlog reduction.

Over the years, the said federal agency has been striving hard to reduce the huge backlogs of disability benefit claims. Thus, roughly 20 percent reduction of backlogs this year alone is already considered a milestone achieved for them.

Nevertheless, although the current administration is proud of the federal agency’s significant progress in reducing backlogs, the agency is highly committed in constantly pushing efforts to diminish the backlogs.  

Moving on, after Thanksgiving weekend, all social security offices will resume to its usual business hours.

Fortunately, thanks to digital technology, even if social security offices are closed, many of the agency’s services will still be available online. For applicants, you can apply for retirement, Medicare and disability benefits online. You can also sign up for a direct deposit account, replace Medicare card, obtain a proof of income letter and change personal information such as address and telephone number via www.socialsecurity.gov or just by dialing the agency’s toll free number, 1-800-772-1213.