While our State and Country are making great strides in equal opportunity and our nation is becoming more diverse and successful for foreign-born and naturalized citizens to become a part of the American Dream, it does not always have a positive effect. More and more discrimination in hiring practices is coming from Hispanics to Blacks, or Asians to Hispanics or other minorities to one another. No longer is the face of discrimination that of a white male. These days it can be an older ethnic woman who refuses to allow a man of another race to apply for a job in her small business. As Anna Park, Regional Attorney for the Los Angeles District Office of the Equal Employment Opportunity Commission testified last May in Washington, D.C., ‘The victims are young and old. The victims are of all races. The alleged perpetrators are no longer just White but are Black, Hispanic, or Asian. The employers are not only the small ‘mom and pop’ stores but also the large Fortune 500 companies. Race discrimination has become more complex.’

Racial discrimination is one of the oldest forms of employment discrimination in the United States. These days reverse-discrimination or minority-to-minority discrimination is becoming more and more common. In California, over one third of the population is Hispanic. There are now more than 1.6 million Hispanic-owned businesses nationwide and the rate of growth of Hispanic-owned businesses between 1997-2002 was 31%, which was more than triple the national average of 10%. Similar rates have been seen among Asian and Black populations. This means great strides for equality in self-owned businesses, but unfortunately, it means that racial discrimination is thriving among minorities discriminating against other minorities.

Ms. Park also testified how it becomes even more complex when race discrimination is combined with gender discrimination. ‘[Let us not] forget that women of color continue to suffer from what we would coin compound discrimination. We often see, for example, Hispanic women being subjected to the most egregious of harassment by other Hispanic men in the workforce, and the employer doing nothing to stop it. For example, in EEOC v. Caesars, women were forced to have sex operating out of a ‘sex’ room. In EEOC v. Rivera Vineyard, where the Los Angeles District Office recovered over $1 million for farm worker women who were subjected to sex harassment, some women were actually raped in the fields by Hispanic male supervisors. In EEOC v. Abercrombie and Fitch, where the Los Angeles District Office and the Chicago District Office worked together to recover over $50 million for the company’s failure to recruit, hire, promote, and retain minorities because they did not fit the ‘All American look’ that defined Abercrombie. Unfortunately, that ‘Abercrombie look’ was only defined as a White male. In the end, minority women, particularly Black and Hispanic women were the most impacted.’

So what can you do if you find yourself in one of these horrible situations of racial and gender discrimination? Your rights are protected by federal and state laws and you may be entitled to recover for your emotional distress, lost wages and more. Call the Law Offices of Law Offices of David H. Greenberg at 1-800-252-9776 for a free initial consultation regarding your rights and how the law can help.

Statistics provided by http://www.census.gov/csd/sbo/. Ms. Park’s testimony is public record available at http://www.eeoc.gov/abouteeoc/meetings/2-28-07/park.html.

Sexual Harassment and Sexual Discrimination are intertwined but two separate illegal practices. Often you hear of both together, and that is because it is often that when someone discriminates against someone due to their gender or sexual orientation, they can also be sexually harassed as well. The key difference is that sexual discrimination is a violation of a civil right – specifically being discriminated against based on your gender when you are hired, paid, promoted (or demoted), or simply not treated as an equal in the workplace. Sexual discrimination is protected by many civil rights statutes (laws) both federally and statewide in California.

Sexual harassment, on the other hand, is conduct that is offensive and creates either a specific situation known as ‘quid-pro-quo’ harassment or a ‘hostile work environment.’ Quid-pro-quo harassment is when your employer demands some sexual favor or makes you consent to offensive sexual conduct or language in order to receive something (such as a promotion or pay-raise). A hostile work environment is where your employer, due to his/her conduct, language, advances or jokes makes you uncomfortable in your place of work. As you can see, these types of sexual harassment often are intertwined. Where you have someone making advances to you, add a demand for sexual services in order to receive something in your workplace and you have both types combined.

Either sexual harassment or sexual discrimination based on your gender, your sexual orientation, whether it is at the time you were hired, or by making a hostile workplace environment is illegal and there are laws both federal and statewide to protect your rights and to keep you safe. The law requires that you follow your company’s policy regarding either discrimination or harassment before you bring suit. If you have been harassed or discriminated against- follow your company policy and make oral and written grievances to your supervisor. If the conduct or discrimination continues, or you have been fired for your gender or for not adhering to sexual advances from someone in your workplace, call the Law Offices of Law Offices of David H. Greenberg at 1-800-252-9776 for a free initial consultation regarding your rights and how the law can help.

Federal and State law make it absolutely illegal to discriminate against someone on the basis of their national origin (where you are born), your accent, culture, customs, association with specific immigrant groups or religious practices, or simply for being of another ethnicity. In Los Angeles, targeted groups include Arabs, Muslims, Hispanics, and Asian immigrants. Ethnic discrimination in the workplace is often widespread and systematic. Systematic discrimination is when an employer discriminates against all or any members of that ethnicity in the workplace continually over a period of time. Discrimination in the workplace can take many forms. Federal laws such as the Title VII of the Civil Rights Act of 1964 (‘Title VII’), the Americans with Disabilities Act (‘ADA’), and the Age Discrimination in Employment Act as well as the Immigration Reform and Control Act, (‘IRCA’) prohibit employment discrimination because of national origin against U.S. citizens, U.S. nationals, and authorized aliens. Under these laws it is illegal to discriminate in any aspect of employment, including:

• hiring and firing
• compensation, assignment, or classification of employees
• transfer, promotion, layoff, or recall
• job advertisements
• recruitment
• testing
• use of company facilities
• training and apprenticeship programs
• fringe benefits
• pay, retirement plans, and disability leave, or
• other terms and conditions of employment

Discriminatory practices under these laws also include:

• harassment on the basis of race, color, religion, sex, national origin, disability, or age
• retaliation against an individual for filing a charge of discrimination, participating in an investigation, or opposing discriminatory practices
• employment decisions based on stereotypes or assumptions about the abilities, traits, or performance of individuals of a certain sex, race, age, religion, or ethnic group, or individuals with disabilities, and
• denying employment opportunities to a person because of marriage to, or association with, an individual of a particular race, religion, national origin, or an individual with a disability. Title VII also prohibits discrimination because of participation in schools or places of worship associated with a particular racial, ethnic, or religious group.’

If you are a member of an ethnic group, you live in California, and you have experienced these or other kinds of harassment and discrimination in your workplace, please call The Law Offices of Greenberg and Rudman LLP at 1-800-252-9776 for a free initial consultation regarding your rights and how the law can help.

Federal and State law make it absolutely illegal to discriminate against someone on the basis of their national origin (where you are born), your accent, culture, customs, association with specific immigrant groups or religious practices, or simply for being of another ethnicity. In Los Angeles, targeted groups include Arabs, Muslims, Hispanics, and Asian immigrants. Ethnic discrimination in the workplace is often widespread and systematic. Systematic discrimination is when an employer discriminates against all or any members of that ethnicity in the workplace continually over a period of time. Discrimination in the workplace can take many forms. Federal laws such as the Title VII of the Civil Rights Act of 1964 (‘Title VII’), the Americans with Disabilities Act (‘ADA’), and the Age Discrimination in Employment Act as well as the Immigration Reform and Control Act, (‘IRCA’) prohibit employment discrimination because of national origin against U.S. citizens, U.S. nationals, and authorized aliens. Under these laws it is illegal to discriminate in any aspect of employment, including:

• hiring and firing
• compensation, assignment, or classification of employees
• transfer, promotion, layoff, or recall
• job advertisements
• recruitment
• testing
• use of company facilities
• training and apprenticeship programs
• fringe benefits
• pay, retirement plans, and disability leave, or
• other terms and conditions of employment

Discriminatory practices under these laws also include:

• harassment on the basis of race, color, religion, sex, national origin, disability, or age
• retaliation against an individual for filing a charge of discrimination, participating in an investigation, or opposing discriminatory practices
• employment decisions based on stereotypes or assumptions about the abilities, traits, or performance of individuals of a certain sex, race, age, religion, or ethnic group, or individuals with disabilities, and
• denying employment opportunities to a person because of marriage to, or association with, an individual of a particular race, religion, national origin, or an individual with a disability. Title VII also prohibits discrimination because of participation in schools or places of worship associated with a particular racial, ethnic, or religious group.’

If you are a member of an ethnic group, you live in California, and you have experienced these or other kinds of harassment and discrimination in your workplace, please call The Law Offices of Law Offices of David H. Greenberg at 1-800-252-9776 for a free initial consultation regarding your rights and how the law can help.

Harassment on its own is not illegal. This means that your boss can be derogatory, rude, demeaning, even outright horrible, but as long as he/she is doing it to everyone in your workplace, or for no apparent reason, it is legal. You can be harassed for any reason other than a ‘bad reason’ – which includes: age, race, sex, sexual orientation, national origin (where you are born – mostly if you are born outside of the United States, though it can be the reverse as well), pregnancy, or a medical disability. Harassment takes many forms, it can be as simple as constant jokes or language which makes the workplace a very uncomfortable place to be, or it can go as far as being fired from a job.

Harassment for any of the protected categories mentioned above is illegal, and you may be entitled to recover damages for emotional distress, lost wages, and even punitive damages. However, the burden of proving that you were harassed falls on you. It helps if you start by going to your supervisor both orally and in writing and letting them know you are uncomfortable. You can also go to your boss’s supervisor. If your company has a written policy about sexual, racial or any other protected category and harassment, follow that policy first. If you are still being harassed, you may need to contact an attorney.

To be clear, your boss can be a jerk. Your boss can harass you for having brown or blonde hair, and it is completely legal. If he/she is harassing everyone in your workplace-it is likely he is just being a jerk, and it is not illegal. But crossing a line and commenting, sending pictures, making derogatory jokes or calling you names, sometimes even asking for sexual favors in return for advancement at work are all illegal and you have rights that are protected by California and Federal law. If you believe you are the victim of harassment on the job, call the Law Offices of Law Offices of David H. Greenberg at 1-800-252-9776 for a free initial consultation regarding your rights and how the law can help.

Surprisingly, employers in California are still firing workers for all the wrong reasons. California has enacted the Fair Employment and Housing Act (‘FEHA’) in order to protect workers from being fired for illegal reasons such as harassment, discrimination, medical disabilities and certain employment situations. Under FEHA, reasons why you CANNOT be fired are due to your:
o race
o gender
o age (specifically those over 40)
o religion
o ethnicity or national origin
o disability
o pregnancy
o sexual orientation.
You also cannot be fired for engaging in protected activities such as filing for a workers compensation claim or for ‘whistle blowing’, telling on an employer when they are breaking the law . FEHA and other laws give rights to workers who find themselves the victims of wrongful termination or even discrimination or harassment while still employed. Additionally, FEHA works to protect many aspects of a worker’s life including pregnancy and injury on the job.

While FEHA and other laws protect these circumstances, there are many more which are still legal in California. As California is a ‘Right to Fire’ state, an employer can legally fire any employee for any reason that is not specifically prohibited by law. If your boss is making the workplace an inconvenience for you, or has fired you without cause, you can still be legally fired in California. For example, an employer can fire you even if you are doing a good job or just because they don’t like you. But an employer cannot fire you just because you are a certain religion, gender or due to your sexual orientation. One exception to this rule is when an employee has a contract with their employer. In this case, an employee cannot be fired without just cause. FEHA works to identify areas of discrimination and hostile workplace environments that are legally protected and prevent you from being fired illegally.

This law and others specifically protect only certain categories of discrimination. If you have been fired due to your race, gender, age (specifically those over 40), religion, ethnicity or national origin, disability, pregnancy, or sexual orientation, you should contact a lawyer to determine what your rights are and how you can be compensated for your lost wages, benefits, emotional stress, and more. Contact the Law Offices of Law Offices of David H. Greenberg at 1-800-252-9776 for a free initial consultation regarding your rights and how the law can help.

As California is a melting pot of many differing cultures, it can be the unfortunate experience for those who are legally authorized to work in the United States to find themselves the victims of National Origin Discrimination in the workplace. This kind of discrimination is based solely on where an individual is born, or their family nationality, and sometimes even simply based on culture. In Southern California, many groups such as those from Arab, African-American, Armenian, Latino/Hispanic and especially Mexican backgrounds have been the victims of harassment and wrongful termination in the workplace. Discrimination based on these grounds is illegal and California has enacted laws to give each citizen, national, authorized aliens, asylees and refugees a safe and equal opportunity in the workplace.

The Immigration Reform and Control Act, (‘IRCA’) prohibits employment discrimination because of national origin against U.S. citizens, U.S. nationals, and authorized aliens. An employer may not ask if you are a U.S. citizen, but may ask you if you are ‘legally authorized’ to work in the U.S. Many times, National Origin Discrimination is subtle. If your employer is questioning you because of your accent, first language, cultural and traditional background and has fired you or harassed you in the workplace for any of these grounds, you may be entitled to protect your rights under the IRCA.

If you have experienced National Origin Discrimination, call the Law Offices of Law Offices of David H. Greenberg at 1-800-252-9776 for a free initial consultation regarding your rights and how the law can help.

After a high-profile case in Oakland, CA, FedEx was found to have discriminated against FedEx Ground Drivers based on their Arab-American ethnicity. According to a press release from the trial attorney for the case, Christopher B. Dolan, ‘The drivers, Edgar Rizkallah and Kamil Issa, both Lebanese-Americans, on May 24, 2006, were awarded $11 million in emotional distress compensatory damages, double the amount sought by their attorney, who demonstrated during the jury trial that they had been the victims of continuous harassment and that the company and a terminal manager had created a hostile work environment on the basis of race and national origin. There was testimony at trial that the drivers were taunted by the manager, called ‘Arabs’, ‘camel jockeys’, ‘terrorists’, ‘Sand Niggers’, and other ethnic slurs. Both drivers still work for the company.’

The jury took no time in handing down a stiff punitive damages award against FedEx in the amount of $50 million dollars. Punitive damages are a way to dissuade that employer and other companies from engaging in these hostile and derogatory work practices. In California, compensation is awarded not just from the employers, but can also be sought against the individual employees who are the actors or who have failed to stop or prevent harassment and a hostile work environment based on ethnic or national origin discrimination.

The message is clear: California law does not support discrimination against Arabs, Mexicans, Latinos, African-Americans and many more nationalities who have come to Southern California to make a new life for themselves and their families. If you are employed by a workplace that has shown systematic and continuous discrimination based on national origin or ethnicity, you may be entitled to your legally sanctioned compensation. Call the Law Offices of Law Offices of David H. Greenberg at 1-800-252-9776 for a free initial consultation regarding your rights and how the law can help.