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San Francisco Employment Law Blog

Acting gay offers workers legal protection but being gay does not

An Atlanta appeals court decision over the firing of a lesbian security guard has upended the definition of sex-based discrimination used by the Equal Employment Opportunity Commission (EEOC).

In a case that could have far-reaching implications, a security guard who worked for a Georgia hospital filed a workplace discrimination lawsuit. She alleged that she was harassed and ultimately fired because of her sexual orientation. Her lawsuit, which was taken up by civil rights group Lambda Legal and supported by briefs filed by the EEOC itself, was denied.

When is quitting really the same as being fired?

When workplace conditions become so bad that any reasonable person would feel compelled to quit, the law will sometimes treat that person as if they were fired instead.

This can open the door up to a claim of constructive dismissal (also called constructive discharge), which is a type of wrongful termination claim.

How do you document sexual harassment on the job?

It's very rare for one incident alone to give rise to a sexual harassment claim—most are based on numerous small incidents instead. But how do you document what's happening when there's often no one around but you and your harasser to see?

Keep a sexual harassment journal. Since it's hard to tell what might end up being important down the line, document as much as possible:

Former California principal alleges pregnancy discrimination

It seems hardly believable that a school district in this modern age wouldn't have a policy in place to deal with the maternity leave of one of its administrators.

Yet, that's precisely what the former principal of a California elementary school is alleging. Perhaps worse, the district admits that it wasn't pleased with her pregnancy or requests for accommodation but fails to see that as a problem.

Public policy trumps over at-will employment

If you had a good job with a highly-valued tech company, could you be lured away by a competitor that promised to be bigger and better?

That's exactly what one former Snapchat employee claims happened. The ex-employee claims he was lured away by the Facebook rival after being given inflated growth metrics by Snapchat recruiters.

Are younger workers most vulnerable to sexual harassment?

Are younger employees, particularly those in their teen years, especially vulnerable to sexual harassment?

The Equal Employment Opportunity Commission certainly thinks so. One of the agency's directors in San Diego said that young workers can be more vulnerable to sexual harassment because they may be unaware of their rights under the law.

Can sexual harassment among restaurant workers be stopped?

People don't just go out to eat -- they go out to be entertained. Restaurants increasingly are billed as places to cut loose and have a good time. Does that good time include sexually harassing the waitstaff? A lot of servers say that, unfortunately, it does.

Worse, management may not be exactly supportive of the servers' attempts to put a stop to the harassment. In many cases, the manager or co-workers may just be additional harassers that a server figures he or she has to put up with in order to keep the job.

Your employer's social media policy may not be legal

Do you know what your rights are when it comes to posting on social media about your job? Your employer may have a social media policy in place that makes it clear that you can't say anything negative about your company, boss or job.

If so, that policy may be violating the law.

Fighting age bias in the tech industry

How old is too old to be relevant in today's tech job market? If the number of lawsuits alleging age discrimination in California are any indication, it doesn't take long before you "age out" of the market as far as high-tech employers are concerned.

While the 90 or more lawsuits filed in California against tech giants like Hewlett Packard and Cisco are telling, there are some even more startling statistics that have come to light. While the median age of the U.S. worker is 42, the median ages of employees at tech companies are generally significantly lower. For example, at Facebook, the median age of its workers is only 29.

Age discrimination down, but continuing as workforce gets older

As people live longer, healthier lives, more remain in the workforce into their senior years. Many also continue working or seeking work because they're not in a financial position to retire.

The experience and skills brought by older workers can be valuable to employers, and many smart businesses realize that. As the workforce ages, as an attorney with the AARP Foundation Litigation notes, "there continues to be progress in understanding of the capabilities of older workers."

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