Bryant Whitten, LLPFresno Harassment & Discrimination Attorney | Sacramento CA Employment Lawyer | Oakland Retaliation2024-03-04T06:00:54Zhttps://www.bwlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1101535/2022/01/cropped-site-icon-32x32.jpgOn Behalf of Bryant Whitten, LLPhttps://www.bwlaw.com/?p=502112024-02-28T06:01:26Z2024-03-04T06:00:54Z1. Flexible work schedules
With flexible work schedules, employers acknowledge the challenges of balancing work responsibilities with prenatal appointments and potential fatigue. Examples of flexibility include adjusting start and end times, allowing for telecommuting or providing part-time work options.
For instance, a pregnant employee might need to attend more frequent medical appointments as the pregnancy progresses. Offering flexibility enables the employee to manage health needs and work commitments.
2. Modified job duties
If a job involves heavy lifting or prolonged standing, employers can adjust responsibilities. The aim is to minimize the risk of injury or discomfort to the pregnant employee. This might involve reallocating tasks, providing additional assistance or temporarily assigning alternative duties that the individual can do.
3. Access to accommodation facilities
Accommodation facilities include private lactation rooms. Lactation rooms offer a private space for nursing mothers to express breast milk comfortably and hygienically. These rooms should have amenities such as comfortable seating, electrical outlets for breast pumps and refrigeration facilities for storing milk.
4. Paid pregnancy leave
Paid pregnancy leave can cover prenatal care, childbirth and recovery. In California, the Paid Family Leave program provides eligible employees with partial wage replacement.
This financial support helps reduce the financial burden of taking time off work for pregnancy-related reasons. It lets pregnant employees prioritize their health and well-being.
These accommodations recognize the unique needs and challenges pregnant individuals face. The changes also contribute to a culture of equity and inclusivity in the workplace.]]>On Behalf of Bryant Whitten, LLPhttps://www.bwlaw.com/?p=502092024-02-12T10:36:32Z2024-02-15T10:36:18ZWorkplace culture and norms
The culture and norms within the automotive industry also foster an environment where sexual harassment thrives. In some workplaces, there may be a tolerance or acceptance of inappropriate behavior. For example, supervisors or managers may dismiss or ignore derogatory comments and actions toward women. The hyper-masculine culture that pervades certain sectors of the industry may also contribute to the objectification of women and the normalization of harassing behavior.
Lack of accountability and reporting mechanisms
The lack of accountability and effective reporting mechanisms within the auto industry can also exacerbate the sexual harassment problem. Those harassed may fear retaliation or backlash if they come forward with complaints. This is especially likely if the harasser holds a position of power or influence over the other party. Some companies may also choose to protect their reputations over addressing instances of harassment. This, in turn, can breed a culture of silence and impunity.
According to Jalopnik, 65% of female automotive workers say they have faced sexual harassment on the job. Addressing this issue requires a concerted effort to challenge ingrained attitudes and behaviors. It also requires the implementation of effective anti-harassment policies and training programs.]]>On Behalf of Bryant Whitten, LLPhttps://www.bwlaw.com/?p=502052024-02-01T06:22:02Z2024-02-06T06:21:47ZUnequal treatment
One sign of disability discrimination is unequal treatment. Managers may overlook individuals for promotions. They may deny training opportunities or exclude individuals from important meetings. These may be signs of discriminatory practices.
Lack of reasonable accommodations
Another key sign of disability discrimination is the lack of reasonable accommodations. Employers need to find ways to help employees with disabilities perform their job duties. These changes may include flexible work schedules. This may also include modified equipment.
Negative attitudes and stereotyping
Negative attitudes and stereotyping are also signs of discrimination. Employees with disabilities may face biased beliefs about their capabilities. They may also face offensive comments from colleagues. These actions can also prevent professional growth.
Isolation and exclusion
Isolation and exclusion are subtle yet strong signs of disability discrimination. Employees with disabilities may find themselves socially isolated or excluded from workplace activities. This exclusion can extend beyond professional settings. It can impact the creation of meaningful relationships.
Failure to address complaints
Employers should not dismiss or ignore complaints related to disability discrimination. Employees need to feel confident that management takes their concerns seriously. They should believe that their employers will take action. Failure to address complaints may encourage a culture of discrimination and create a hostile work environment.
Employees and management should receive diversity training so they do not unknowingly engage in discriminatory practices. Providing comprehensive training can help raise awareness and promote a culture of acceptance.]]>On Behalf of Bryant Whitten, LLPhttps://www.bwlaw.com/?p=502072024-01-31T08:15:36Z2024-02-05T08:15:20Z1. Upholding ethical standards
Blowing the whistle on your employer is necessary for maintaining ethical standards in the workplace. When you witness wrongdoing, whether it involves financial fraud, safety violations or discrimination, speaking out can prevent further harm and promote a culture of integrity.
2. Protecting the public interest
In many cases, the actions of a company can impact not only its employees but also customers, shareholders and the general public. In FY 2022, 652 whistleblower cases ended with judgments of more than $1.9 billion. By exposing misconduct, you contribute to safeguarding the interests of these stakeholders and preventing potential harm or deception.
3. Personal integrity
Your personal integrity is at stake when you witness unethical behavior in the workplace. Remaining silent may cause internal conflict and compromise your values. By speaking up, you demonstrate courage and a commitment to doing what is right, even in challenging circumstances.
5. Creating positive change
Blowing the whistle can spark investigations and reforms that lead to positive change within the organization and industry as a whole. Your actions may uncover systemic issues that need addressing, ultimately contributing to a healthier and more transparent work environment.
Despite the importance of blowing the whistle, employees need to recognize the risks involved. Unfortunately, retaliation from employers against whistleblowers is all too common. However, there are protections in place to shield whistleblowers from retaliation.]]>On Behalf of Bryant Whitten, LLPhttps://www.bwlaw.com/?p=502022024-01-19T10:58:13Z2024-01-24T10:57:54ZConsent and boundaries
Hugging is a physical gesture that can convey warmth, support and friendship. It is typically seen as a non-sexual expression of affection and is widely accepted in various cultures and social settings. However, people must remember that personal boundaries and comfort levels can differ greatly from person to person.
Consent is the foundation of any healthy physical interaction. It means that both parties willingly and enthusiastically agree to engage in the act. When it comes to hugging, people must respect individual boundaries and preferences. Some people enjoy hugs and find them comforting, while others may not be comfortable with physical contact at all. The Equal Employment Opportunity Commission states that sexual harassment includes frequent conduct that leads to a hostile work environment. In some instances, this could include hugging.
Inappropriate behavior
While hugging is generally seen as a friendly gesture, it is crucial to acknowledge that it can constitute sexual harassment if performed without clear consent or against someone's wishes. Unwanted or inappropriate hugging can make individuals feel uncomfortable, violated or disrespected. It is important to understand that any form of physical contact, including hugging, should always be consensual and respectful. Communication is key in establishing and maintaining boundaries. Additionally, be aware of the power dynamics at play in professional settings, as hugging can be more complex in such scenarios.
Hugging can be a beautiful way to express affection, but people must remember that boundaries and consent are paramount. By understanding and respecting personal boundaries, communicating openly and prioritizing consent, people can ensure that their interactions are safe, respectful and free from any form of harassment.]]>On Behalf of Bryant Whitten, LLPhttps://www.bwlaw.com/?p=502002024-01-08T05:30:43Z2024-01-12T05:30:05Z1. Unseen biases
California has 52.8 births per 1,000 women 15 to 44 years old. Working from home can provide flexibility for expectant parents but does not necessarily shield pregnant employees from discriminatory practices.
Subtle biases may manifest in various forms. Examples include exclusion from important meetings, denial of opportunities for advancement or even the assignment of less meaningful tasks. These behaviors can undermine a pregnant individual's professional growth. They may also contribute to a hostile work environment.
2. Communication gaps
In a remote work scenario, effective communication is important. However, pregnant employees might face challenges in this area, especially if their supervisors or colleagues are not well-informed about their specific needs or pregnancy-related accommodations. Misunderstandings can arise, leading to isolation or exclusion.
3. Performance evaluation pitfalls
Supervisors might assess remote employees based solely on their deliverables. This potentially overlooks the additional challenges that pregnancy introduces. This oversight can result in unfair evaluations and limit prospects for career advancement.
4. Lack of flexibility
People often tout remote work for its flexibility. However, pregnant individuals may find that their employers are less accommodating when it comes to adjusting work hours or providing additional breaks. Discrimination can surface when an employer fails to make reasonable accommodations for challenges such as medical appointments or fatigue.
Employers must actively foster an inclusive environment that supports pregnant individuals.]]>On Behalf of Bryant Whitten, LLPhttps://www.bwlaw.com/?p=501972023-12-22T07:09:49Z2023-12-27T07:09:26Z1. Witnessing unlawful activities
One of the primary indicators that you might have a whistleblower case is if you witness your employer engaging in unlawful activities. This could range from financial fraud and embezzlement to discrimination and safety violations. If you have direct knowledge of such activities, it is important to consider blowing the whistle to ensure a fair and ethical workplace.
2. Retaliation for reporting misconduct
Experiencing retaliation after reporting misconduct is another clear sign of a potential whistleblower case. If you find yourself suddenly facing demotions, pay cuts or unjust termination shortly after bringing attention to unethical behavior, it is a red flag. Employers cannot lawfully retaliate against employees who act in the best interest of ethical practices and the law.
3. Disregard for policies and regulations
If you notice your employer consistently ignoring or violating established company policies and legal regulations, it may be an indication of a whistleblower case. This could involve anything from environmental regulations and workplace safety rules to labor laws and anti-discrimination policies. An employer's persistent disregard for such guidelines may warrant intervention to protect both employees and the integrity of the organization.
If you find yourself in a situation where you identify one or more of these indicators, it may be time to consider taking appropriate steps. Thanks to whistleblowers standing up for what is right, the U.S. government had 351 settlements and judgments in FY2022, which exceeded $2.2 billion.]]>On Behalf of Bryant Whitten, LLPhttps://www.bwlaw.com/?p=501952023-12-11T07:30:50Z2023-12-14T07:30:13ZProfessional repercussions
Whistleblowers often encounter professional ramifications for their courageous actions. They may face demotions, job reassignments or even wrongful termination. When this happens, it can jeopardize their livelihoods and financial stability. This professional backlash creates a chilling effect on potential whistleblowers. It also perpetuates a culture of silence that shields wrongdoers from accountability.
Personal toll
The impact of retaliation extends beyond the professional realm. It often takes a toll on whistleblowers' personal lives. Many who expose misconduct face ostracism from colleagues and social circles. This can lead to isolation and strained relationships. The emotional and psychological strain that results can be overwhelming. It can also affect the mental well-being of whistleblowers.
Insufficient safeguards
Legal protections do exist for whistleblowers. However, they are often insufficient at shielding individuals from retaliation. Despite legislative efforts to protect whistleblowers, many individuals still experience adverse consequences. Many fail to speak out because they are not sure how to navigate the legal system. Others fail to speak out because they fear future reprisals. This, in turn, perpetuates a cycle of impunity for wrongdoers.
The National Law Review reports that, in 2021, 24% of all whistleblowers faced some sort of retaliation. The harsh reality of whistleblowers facing retaliation after exposing wrongdoing highlights the need for systemic change.]]>On Behalf of Bryant Whitten, LLPhttps://www.bwlaw.com/?p=501932023-12-05T09:13:58Z2023-12-08T09:13:40ZAccess to opportunities
The U.S. Equal Employment Opportunity Commission saw 73,485 charges of employee discrimination in 2022. One concern about remote work is its potential for unequal access to opportunities.
Internet connectivity, technological ability and access to necessary tools can create inequalities. These challenges can make it challenging for some employees to participate and compete in the remote work environment.
Visibility and recognition
In a traditional office setting, visibility promotes career advancement. Remote work impacts visibility. Those who can navigate virtual platforms and engage with their colleagues may be more visible. This visibility can lead to increased recognition and opportunities. This shift may harm individuals who are less comfortable or proficient in the virtual space.
Unconscious bias in virtual communication
Virtual communication tools can create unconscious biases. It is easy to misunderstand written communication. These errors could support existing biases. Organizations need strategies that promote clear and unbiased communication in the virtual world.
Inclusive policies and practices
Organizations need inclusive policies and practices. This includes training on recognizing and addressing unconscious bias. They should provide equal access to resources. Employers should foster an inclusive virtual culture. Organizations should promote diversity and inclusion. Then, they can create an environment where all employees can thrive in the remote work landscape no matter their background.
Remote work offers unprecedented flexibility. Employers should understand its challenges to prevent expanded discrimination.]]>On Behalf of Bryant Whitten, LLPhttps://www.bwlaw.com/?p=501912023-11-23T03:57:10Z2023-11-29T03:56:47ZDo you qualify?
Although the Department of Labor notes that as of March 2022, only 24% of private sector employees have access to FMLA benefits, working part-time does not impact your eligibility. You can use this leave if you, and your employer, meet the following criteria:
You must have worked for your employer for at least 12 months. This does not have to be continuous, so if you did not work for a period of time you may still qualify.
In the last 12 months before the leave, you need to have completed at least 1250 hours of paid work, which averages out to 24 hours per week.
Your employer must have at least 50 employees within 75 miles of where you work.
Note that unless all of these standards apply, you do not qualify for FMLA.
What reasons does FMLA cover?
While you might think that FMLA is only available for your own medical care, there are several other circumstances for which you can use this leave. You also qualify following the birth of a child, or when an adopted or fostered child arrives in your home. Other eligible reasons include caring for a spouse, child or parent with a serious medical condition.
How much leave can you take?
Part-time employees may take up to 12 work weeks of leave within a 12-month period. It can be continuous or intermittent, depending on the nature of the medical condition or family situation.
Knowing you can take FMLA even when you do not work full-time buys a lot of peace of mind when you need to use this helpful benefit.]]>