Nelson Law Group
Even a legitimate retaliation case can be lost on a technicality
The former aide to a West Hollywood, California, councilman earned a bittersweet acknowledgment in court recently -- even though she lost, her lawsuit was justified. The former aide, who served as one councilman's deputy, had been called as a witness for the plaintiff...
What is workplace bullying, and when is it illegal?
Workplace bullies are manipulators. They aim to control others on an emotional or physical level, usually through anxiety, in order to meet their own personal agenda. Whether the workplace bully you deal with is your coworker or supervisor, learn more about how to...
Sexual harassment and superstar employees
Experts say that sexual harassment has to be discouraged at an organizational level to make that discouragement effective. If a company wants to stop sexual harassment, those in charge need to assess the culture they've created and then take action. In other words,...
Cancer victims still experience widespread discrimination at work
A cancer diagnosis is no longer always the end of someone's life -- and certainly not the end of their career. Given the constant breakthroughs in medicine and the way that treatments for cancer are becoming both less difficult to endure and more effective, many...
Gender discrimination laws may help protect abuse victims’ jobs
How long is it going to take before society stops blaming the domestic violence victim for the actions of the abuser? It seems like the problem isn't ever going to end -- especially to abuse victims. For example, a California teacher was recently fired because her...
Sexual harassment is about power and control, not lust.
Most people still think of sexual harassment as a predominately female problem. Intellectually, the majority of people probably realize that men can also be sexually harassed -- but that's not the typical scenario that pops into most people's minds when they think...
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...
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...
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...
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...