Category: Age Discrimination

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Workplace Age Discrimination – Shadows of Bias

Age Discrimination lawyers in Los Angeles safeguard your rights to a workplace free from age discrimination.

Age discrimination, often lurking in the shadows of our professional environments, affects many seasoned professionals and job seekers. While its presence is sometimes subtle, its impact can be profound, leading to missed opportunities and perpetuating harmful stereotypes. This article explores how to recognize age discrimination, its legal implications, and effective strategies to combat it. Whether you’re an experienced professional or a job seeker facing age-related biases, this guide aims to empower you with knowledge and practical advice.

Understanding Age Discrimination

Ageism in the workplace refers to prejudices or discriminative practices based on an individual’s age, often targeting those perceived as “too old” for certain roles. This bias not only undermines the talent and wisdom of older professionals but also threatens the diversity and inclusivity of workplaces. For job seekers and senior employees, age discrimination can manifest as biased hiring practices, limited career advancement opportunities, or unjust terminations.

This type of discrimination goes beyond personal prejudice, affecting the morale and productivity of teams. It creates an environment where talent is overlooked and experience is undervalued. Recognizing ageism’s detrimental effects, industries must foster inclusive cultures where age diversity is celebrated and leveraged for innovation and growth.

Signs of Age Discrimination

Identifying age discrimination can be challenging, as it often masquerades as benign workplace behaviors. However, several indicators can signal its presence. One common sign includes exclusion from projects or meetings that could enhance an employee’s visibility and career growth. Additionally, older employees might be passed over for promotions or subjected to unjust performance reviews despite consistent work quality.

Another telling sign is the language used in job postings or internal communications. Phrases like “energetic team,” “digital native,” or “young and dynamic” subtly hint at age preferences, discouraging older applicants from applying. If you notice a pattern of younger employees being favored for opportunities despite qualifications, it’s crucial to address these concerns promptly.

Legal Framework Protecting Against Age Discrimination

Thankfully, various laws and regulations are designed to protect individuals from age discrimination in the workplace. In the United States, the Age Discrimination in Employment Act (ADEA) prohibits employers from discriminating against employees 40 years and older. This law covers hiring, promotions, layoffs, compensation, and other terms and conditions of employment.

Understanding these legal protections is vital for employees and job seekers alike. Familiarity with your rights ensures you can identify when they are violated and seek appropriate recourse. If you suspect age discrimination, documenting incidents and seeking legal counsel can strengthen your case and hold discriminatory practices accountable.

Strategies to Combat Age Discrimination

Combating age discrimination requires proactive strategies for job seekers and employees. Firstly, updating your skills and staying current with industry trends can counteract age-related stereotypes about adaptability and technological proficiency. Continuous learning enhances your expertise and demonstrates your commitment to personal and professional growth.

Networking is another powerful tool. Building relationships within your industry can open doors to opportunities and provide support when facing bias. As a mentor and mentee, engaging in mentorship programs can showcase the value of age diversity and foster intergenerational collaboration.

If you experience age discrimination, addressing it through open dialogue with employers or HR may help resolve misunderstandings. However, if the issue persists, seeking legal advice and formally documenting incidents can be crucial in advocating for your rights.

Case Study 1: Eli Lilly’s “Early Career” Program

Pharmaceutical giant Eli Lilly faced significant legal repercussions in a notable age discrimination case. The company settled a $2.4 million lawsuit after allegations surfaced regarding its “Early Career” hiring program. This initiative was accused of disadvantaging older applicants, highlighting systemic biases that permeate even well-established organizations. The case underscored the importance of scrutinizing hiring policies to ensure they align with anti-discrimination laws and promote equal opportunities for all candidates.

Case Study 2: The Story of Abbas Sizar

The story of Abbas Sizar provides a poignant illustration of ageism intersecting with racial and health-related biases. Mr. Sizar, a non-white older man, faced age discrimination and harassment from his superMott MacDonald Holdings. Despite receiving positive reviews, he encountered hostile treatment after returning from medical leave. Inappropriate questions about his health and retirement plans were coupled with preferential treatment toward younger, white male employees. This case emphasizes the complexity of discrimination, where multiple biases can compound and exacerbate the challenges faced by marginalized individuals.

Conclusion

Age discrimination remains a persistent challenge in today’s workforce, affecting both job seekers and experienced professionals. Recognizing the signs, understanding legal protections, and implementing proactive strategies are essential steps in combating ageism. By fostering inclusive workplaces that value age diversity, organizations can tap into the wealth of knowledge and experience that older employees bring.

Creating an environment where everyone feels valued and empowered, regardless of age, is not just a legal requirement—it’s a business imperative. Let’s work together to dismantle age-based biases and build workplaces that champion equality and respect for all.

References and Additional Resources

Explore these resources to deepen your understanding and take action against age discrimination.

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High Tech, Low Inclusion: The EEOC Report on Diversity in the Tech Sector

New Whistleblower Program administered by the DOJ.

The high-tech sector, known for spearheading advancements in science and technology, seems to be lagging when it comes to inclusion and diversity. A report recently published by the U.S. Equal Employment Opportunity Commission (EEOC) titled “High Tech, Low Inclusion: Diversity in the High Tech Workforce and Sector from 2014 – 2022” dissects the current state of diversity in this sector, offering a sobering insight into the extent of the problem.

Behind the Figures

The EEOC’s findings show a disturbing trend of underrepresentation for certain demographic groups in the high-tech sector. Women and Black workers, in particular, are being left behind. The figures reveal that despite being nearly half of the U.S. workforce, women make up only 22.6% of the high-tech workforce in all industries and a meager 4% in the high-tech sector. The representation of Black and Hispanic workers in the high-tech workforce has seen negligible progress over the years.

The Issue of Age Discrimination

The report also highlights age as a factor in employment discrimination within the high-tech sector. Interestingly, the high-tech workforce skews younger than the total U.S. workforce. In the high-tech world, over 40% of the workforce belongs to the 25-39 age group, compared to 33.1% in the overall workforce. Workers over 40 have seen their representation in the high-tech sector decrease from 55.9% to 52.1% from 2014 to 2022.

Moreover, the EEOC report notes that discrimination charges filed by tech professionals were more likely to involve issues of age, pay, and genetic information than those filed in other sectors.

The Call for Change

EEOC Chair, Charlotte A. Burrows, asserts that “America’s high tech sector, which leads the world in crafting technologies of the future, should not have a workforce that looks like the past.” The Commission is committed to identifying and resolving instances of discrimination that contribute to these disparities.

The EEOC report concludes with a call for employers in the high-tech sector to actively investigate and overcome barriers to employment. Proactive policies geared towards boosting inclusion are needed to ensure that everyone gets a fair shot at high-tech opportunities.

Were You Denied a Job In High Tech?

If you applied for a job in the high-tech sector and believe that you were discriminated against due to your age, race, gender, or ethnicity, it’s advisable to consult with an experienced employment attorney.

Discrimination is not just ethically wrong, it’s illegal. Your rights are protected under the Civil Rights Act of 1964 and other federal laws – laws that are in place to ensure everyone has equal opportunities in the job market. Don’t hesitate to stand up for your rights and seek legal counsel if you’ve been unfairly denied a job in the high-tech sector.

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Persistent Workplace Discrimination and Retaliation

Sexual harassment causes long term damage to the victims psyche.

Discrimination in the Workplace Persists

Discrimination in the workplace is an ugly truth that still prevails despite the numerous laws and regulations designed to combat it. Companies that engage in discriminatory practices harm not only the affected employees but also the overall workplace environment. What’s worse, many of these organizations resort to retaliation against those brave enough to speak out or investigate discrimination. This article aims to shed light on these issues, providing valuable insights and actionable steps for workplace equality advocates and HR professionals.

Understanding Workplace Discrimination

Workplace discrimination manifests in various forms, each with unique challenges and consequences. Understanding these types is crucial for addressing them effectively.

Gender Discrimination

Gender discrimination remains a significant issue in many workplaces. It includes unfair treatment based on one’s gender, which can lead to disparities in pay, promotions, and job opportunities. Statistics show that women, especially women of color, are more likely to experience workplace discrimination. For instance, according to a Pew Research Center study, 42% of working women in the U.S. have faced gender discrimination at work.

Racial Discrimination

Racial discrimination involves treating employees differently because of their race or ethnicity. This type of discrimination can severely impact an individual’s career progression and mental well-being. For example, a survey conducted by Glassdoor found that 61% of Black employees report experiencing or witnessing racial discrimination in the workplace.

Age Discrimination

Age discrimination typically affects older employees, who may be unfairly overlooked for promotions or forced into early retirement. The U.S. Equal Employment Opportunity Commission (EEOC) reported that in 2019, 21.4% of all discrimination charges filed were related to age.

The Reality of Retaliation

When employees report discrimination, they often face retaliation instead of support. This can take various forms, from demotion and job termination to subtle acts of intimidation, making it difficult for individuals to come forward.

Case Study 1: Pro Pallet

Pro Pallet, a Pennsylvania-based construction company, has been ordered to pay $50,000 to settle a lawsuit concerning discrimination and retaliation. The case arose when a human resources manager at Pro Pallet received a sexual harassment complaint against the company’s general manager. As she began investigating the matter, the president and owner of Pro Pallet reprimanded her for fulfilling her responsibilities, reallocated key job duties to other employees, and excluded her from company meetings.

Case Study 2: Hatzel & Buehler

In another case, Hatzel & Buehler, an electrical contractor, was mandated to pay $500,000 to settle an age discrimination lawsuit. The vice president of the New Jersey branch engaged in discriminatory recruiting and hiring practices by instructing recruiting firms to focus on younger candidates for project manager and estimator positions while outright refusing to hire older applicants who did not fit his preferred age range. The lawsuit also claimed that this vice president neglected to maintain records related to job applicants and hiring, violating federal law.

Case Study 3: Altman Specialty Plants

Altman Specialty Plants has been ordered to pay $172,000 to settle allegations of sexual harassment and retaliation. An investigation found that a supervisor at the company’s Austin, Texas, location subjected female employees to sexual harassment and maintained a sexually hostile work environment for an extended period.

Moreover, employees who reported the harassment faced retaliation, which created a chilling effect and rendered Altman’s Equal Employment Opportunity (EEO) policies and complaint procedures ineffective. Such conduct allegedly violates Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on sex, including sexual harassment, as well as retaliation for participating in protected activities.

The Impact on Employees

Discrimination and retaliation have far-reaching consequences for employees.

Emotional Toll

The emotional toll of discrimination can be devastating. Victims often experience anxiety, depression, and a sense of isolation. This emotional strain can affect every aspect of their lives, from personal relationships to overall mental health.

Financial Impact

Financial instability is another significant consequence. Victims of discrimination and retaliation may lose their jobs, face demotions, or be forced to take lower-paying positions. This financial strain can lead to long-term economic challenges.

Professional Damage

Professionally, discrimination and retaliation can derail careers. Skilled employees may find their career progression halted, and the stain of being “a troublemaker” can follow them to future job opportunities.

The Role of Advocates and HR Professionals

Advocates and HR professionals play a pivotal role in creating safer, more inclusive workplaces.

Support Systems

Establishing robust support systems is crucial. HR departments should have clear policies and procedures for reporting discrimination, ensuring that employees feel safe and supported.

Training and Education

Regular training and education programs can help prevent discrimination. These programs should focus on raising awareness about different types of discrimination and the importance of diversity and inclusion.

Open Communication

Encouraging open communication is essential. Employees should feel comfortable discussing their concerns without fear of retaliation. Regular surveys and anonymous reporting channels can help identify issues before they escalate.

Strategies for Change

Combatting discrimination and retaliation requires a concerted effort from both companies and employees.

Legal Obligations

Companies must understand and adhere to their legal obligations regarding discrimination. This includes complying with anti-discrimination laws and promptly addressing any complaints.

Ethical Responsibilities

Beyond legal obligations, companies have an ethical responsibility to foster a respectful and inclusive workplace. This involves creating a culture where diversity is celebrated and discrimination is not tolerated.

Actionable Steps

  1. Policy Development: Develop and regularly update anti-discrimination policies. Ensure these policies are clearly communicated to all employees.
  2. Training Programs: Implement regular training sessions on diversity, inclusion, and anti-discrimination practices.
  3. Support Systems: Establish strong support systems for victims of discrimination and ensure that they have access to necessary resources.

Conclusion

Workplace discrimination and retaliation are pervasive issues that require immediate attention. By understanding the different forms of discrimination, recognizing the reality of retaliation, and taking proactive steps, advocates and HR professionals can make significant strides toward creating more equitable work environments.

The responsibility to foster a safe and inclusive workplace does not rest solely on the shoulders of HR professionals and advocates. It requires a collective effort from all levels of the organization, from top management to individual employees. Together, we can break the silence, address these issues head-on, and pave the way for a future where everyone feels valued and respected.

Let’s continue this conversation. Share your experiences and strategies for overcoming discrimination and retaliation in the workplace. Your insights could be the catalyst for change in other organizations.

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Age Discrimination in the Workplace: Protecting Older Adults

Age discrimination is illegal, intentionally inflicts emotional distress. Contact the Age Discrimination Lawyers Helmer Friedman LLP for help.

In the modern workplace, diversity and inclusion have assumed paramount importance, and rightly so. As an HR professional, a mature employee, or a seasoned job seeker, it’s crucial to understand the laws and protections in place to combat ageism. With the rise in remote work and a concerted effort to create equitable work environments, age discrimination is more relevant than ever. Here, we explore how laws safeguard employees over 40, share significant age discrimination cases, and discuss the impact on mature workers and job seekers. We also provide strategies for HR professionals to prevent ageism and promote a more inclusive workforce.

Age Discrimination Laws: Know Your Rights

The ADEA in Context: An Essential Guide

The Age Discrimination in Employment Act (ADEA) is a civil rights law that protects workers and job applicants 40 or older from employment discrimination based on age. The ADEA applies to employers with 20 or more employees, labor organizations, employment agencies, and the federal government. It explicitly prohibits age discrimination in hiring, promotions, discharge, compensation, terms, conditions, and privileges of employment.

Notable Cases: Justice Prevails

Several high-profile cases have highlighted the prevalence of age discrimination and the legal recourse available. Organizations like J&M Industries and Pete’s Car Smart have been held accountable for wrongful terminations and discriminatory practices. In another instance, Scripps Clinical Medical Group faced the brunt of legal action after imposing a mandatory retirement age, thereby sidelining skilled professionals from the workforce.

$1,643,000.00 Arbitration Award Age Discrimination Case Mr. Greg Helmer of Helmer Friedman LLP obtained an award on behalf of an employee who had been discriminated against and harassed because of his age. At the time, the landmark arbitration award was reputed to be one of the largest ever received by an individual in a discrimination case. Needles v. 1928 Jewelry, Ltd., Mel Bernie & Co., et al.

Enlightening Settlements: A Financial Overview

J&M Industries: A Case Study in Age Discrimination

In a striking example of age discrimination, J&M Industries came under legal scrutiny for terminating an employee based on age, leading to a settlement of $105,000 with the Equal Employment Opportunity Commission (EEOC). As the employee neared her 65th birthday, management began questioning her retirement plans, which the employee declined, expressing her intent to continue working. Despite her clear communication, J&M Industries dismissed her, citing economic reasons and claiming her purchasing agent position was eliminated. However, this assertion was quickly undermined when, less than a month after her dismissal, a much younger male in his thirties was hired for the purportedly eliminated purchasing agent role—clear evidence that prompted the EEOC to take action.

Pete’s Car Smart: A Case of Costly Discrimination

In a definitive ageism case, Pete’s Car Smart faced legal consequences when they terminated an employee who had devoted 18 years to the company following a brief medical leave. The abrupt dismissal occurred despite years of dedicated service and was, as the courts found, a direct result of age discrimination. To resolve the suit filed under the ADEA, Pete’s Car Smart agreed to a settlement of $145,000, a costly reminder of the legal and moral imperative to uphold anti-discrimination practices in the workplace. The case has since been a touchstone in discussions about the rights of older employees and the need for vigilance against such prejudices in employment decisions.

Scripps Clinical Medical Group: An Expensive Lesson in Equality

Scripps Clinical Medical Group agreed to a substantial settlement of $6.875 million in a significant ruling that sent ripples throughout the healthcare industry. The settlement came in response to a charge of age and disability discrimination filed with the U.S. Equal Employment Opportunity Commission (EEOC). The medical group had enforced a mandatory retirement policy that required physicians to retire at a certain age, overlooking their actual capability to perform their duties. This blanket policy disregarded individual qualifications and abilities, effectively discriminating against a class of physicians solely based on age and, in some cases, disability. The hefty settlement marks one of the most notable resolutions in the healthcare sector and emphasizes the costly consequences of disregarding federal non-discrimination laws.

The Impact of Age Discrimination on Mature Employees

Stalled Career Progression and Unemployment

Age discrimination can significantly impede a mature employee’s career path. The lack of promotions and lay-offs due to age can disrupt a lifetime of work and dedication to an organization. Sadly, many employees find themselves unexpectedly unemployed with limited prospects for re-employment.

The Psychological Toll

Job insecurity and the perceived value placed on youth can lead to severe psychological stress, anxiety, and a sense of identity crisis among mature employees. These psychological effects not only impact individual employees but can also decrease workplace morale and job satisfaction.

Challenges Faced by Mature Job Seekers

Overcoming Age-Related Barriers

For job seekers over 40, the path to employment is rife with age-related hurdles. Some employers hold onto the stereotype that older workers are less adaptable to technology, less productive, or more expensive, leading to difficulties securing new employment opportunities.

Dispelling Misconceptions

Educating employers and challenging misconceptions about older workers is vital. Experience, wisdom, and loyalty are just a few of the many assets that older job seekers bring. It is vital to shift the narrative from one of burden to one of value and contribution.

The Role of HR Professionals in Combatting Ageism

Proactive Prevention Strategies

HR professionals are pivotal in creating a workplace culture that celebrates age diversity. By implementing policies that promote equal opportunities and fair treatment, they can set the standard for inclusiveness within the organization.

Training and Initiatives

Regular training on anti-discrimination laws coupled with diversity initiatives can help sensitize the workforce and prevent discriminatory practices. By fostering an environment where every employee feels valued, HR professionals can actively work to eliminate ageism.

Conclusion: A Call for Inclusivity

In conclusion, age discrimination is a serious issue that demands our attention. Employers and employees must advocate for inclusivity, respect, and fairness in the workplace. By understanding the laws, sharing in the victories of significant cases, and being cognizant of mature workers’ challenges, we can collectively work towards a future where age does not dictate professional worth. It is only through these collective efforts that we can create a workplace that is truly equitable and representative of the diverse talent pool available to us.

It is also important to note that age discrimination is a complex issue that may require legal intervention. If you or someone you know has been a victim of age discrimination, consider seeking legal advice from an experienced employment lawyer of Helmer Friedman LLP Age Discrimination Lawyers in Los Angeles. Together, we can help ensure that no one loses their job due to age.

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Age Discrimination by Medical Group Imposing Mandatory Retirement Age

Age Discrimination lawyers in Los Angeles safeguard your rights to a workplace free from age discrimination.

Scripps Clinical Medical Group recently settled an age and disability discrimination charge filed with the U.S. Equal Employment Opportunity Commission (EEOC). The federal agency investigated the allegations and found that the company violated the Age Discrimination in Employment Act (ADEA) and the Americans with Disabilities Act (ADA) by imposing a mandatory retirement age on physicians, regardless of their abilities to perform their jobs.

To settle the case, Scripps Clinical Medical Group entered into a four-year conciliation agreement with the EEOC. The company will pay $6,875,000 to a class of individuals impacted by the mandatory retirement policy. Additionally, the company has rescinded the policy, and the Board of Directors will reaffirm this action.

Scripps Clinical Medical Group will inform employees that the company does not have any policy in which age is a factor in making employment decisions. The company will also review, revise, and distribute its policies and procedures against discrimination based on age and disability. Moreover, it will require division heads, department heads, executive leadership, and members of human resources to attend training on the ADEA and ADA. The EEOC will monitor compliance with this agreement.

The EEOC Chair Charlotte A. Burrows emphasized the importance of protecting older workers and identified discrimination against them as one of the Commission’s priorities in its new Strategic Enforcement Plan. Anna Y. Park, the regional attorney for the EEOC’s Los Angeles District Office, commended Scripps Clinical Medical Group for addressing the concerns in this charge and for rescinding its discriminatory policy.

Jacquelyn Famber, director of the EEOC’s San Diego Office, noted that mandatory retirement age based on assumptions and stereotypes is against the law, and the EEOC will continue to pursue such discriminatory policies. Older workers are valuable members of our workforce, and their age should not be used to make employment-based decisions.

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Prospective Release Of Claims Did Not Violate Civil Code section 1668

Age discrimination and harassment are illegal.

Prospective Release Of Claims Did Not Violate Civil Code section 1668 (A Statute Providing That A Contract Releasing A Party From Future Violations Of Law Is Invalid As Against Public Policy)

Castelo v. Xceed Financial Credit Union, 2023 WL 3515225 (2023)

Xceed Financial Credit Union employed Elizabeth Castelo as its Controller and Vice President of Accounting. In November, Xceed informed Castelo her employment would be terminated effective December 31st. On November 19, the parties entered into a Separation and General Release Agreement, in which, among other things, Xceed agreed to pay Castelo a severance payment in consideration for a full release of all claims, including a release of age discrimination claims. The Agreement also provided that, as of Castelo’s separation date, she would have to sign Exhibit “A” to the Agreement reaffirming her commitment to abide by the terms of this Agreement and effectuating a full release of claims through her December 31st separation date. The releases extended to all known and unknown claims arising directly or indirectly from Castelo’s employment. Xceed intended that Castelo would sign the reaffirmation on the date of her separation (December 31st). However, Castelo signed it on the same date she signed the main Separation Agreement, on November 19th.  Xceed did nothing to correct that error. Castelo remained employed by Xceed until December 31. In January, Xceed paid Castelo, and Castelo accepted the settlement payment. Castelo made no attempt to revoke the Separation Agreement or Reaffirmation at any time before or after receiving payment.

In August, Castelo filed a lawsuit alleging age discrimination and wrongful termination in violation of Fair Employment and Housing Act (FEHA). The parties stipulated to arbitration. Xceed filed a motion for summary judgment based on the releases in the Separation Agreement and the Reaffirmation, and the arbitrator granted the motion. Castelo moved to vacate the arbitration award, arguing that the arbitrator exceeded his powers by enforcing a release made unlawful by Civil Code section 1668, which prohibits pre-dispute releases of liability in some circumstances. The trial court denied the motion to vacate and entered judgment confirming the arbitration award. The Court of Appeal affirmed:
The arbitrator correctly ruled the release did not violate Civil Code section 1668. Castelo signed the separation agreement after she was informed of the decision to terminate her but before her last day on the job. At the time she signed, she already believed that the decision to terminate her was based on age discrimination and that she had a valid claim for wrongful termination. The alleged violation of FEHA had already occurred, even though the claim had not yet fully accrued. Accordingly, the release did not violate section 1668 because it was not a release of liability for future unknown claims.

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Race, National Origin, Age Discrimination and Retaliation lawsuit filed against HCA Healthcare

Age discrimination is illegal, intentionally inflicts emotional distress. Contact the Age Discrimination Lawyers Helmer Friedman LLP for help.

A federal agency has charged that a for-profit graduate medical education provider in Nashville terminated an employee for filing a discrimination complaint.

HCA Healthcare, Inc. (along with its divisions Tennessee Healthcare Management, Inc. and GME Overhead), a for-profit healthcare corporation based in Nashville that provides graduate medical education in over 2,300 facilities, is facing a lawsuit. The U.S. Equal Employment Opportunity Commission (EEOC) has accused HCA Healthcare of violating federal law by denying a promotion to an employee based on his age, race, and national origin and subsequently firing him in retaliation for complaining about the discrimination.

The employee, who is Asian American, has claimed that despite meeting all necessary qualifications, HCA Healthcare selected an underqualified white candidate for the promotion over him. The Equal Employment Opportunity Commission (EEOC) is seeking injunctive and monetary relief against HCA Healthcare for violating Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act.

Race and national origin discrimination is illegal and harmful, intentionally inflicting emotional and financial distress. Contact the National Origin Discrimination attorneys Beverly Hills Helmer Friedman LLP for help.

It is imperative to abide by state and federal laws that prohibit any form of discrimination based on race or nationality in the workplace. The Civil Rights Act of 1964, specifically Title VII, is a critical law that unequivocally prohibits racial discrimination in every aspect of employment. Employers are legally bound to ensure they do not engage in discriminatory practices such as refusing to hire or promote someone or treating them unfairly regarding compensation or job benefits due to their race or national origin.

Age discrimination and harassment are strictly prohibited by both California and Federal law. It is important to note that the Age Discrimination in Employment Act of 1967 (“ADEA”) is a federal law that provides extensive protection to individuals aged 40 or above from age-based discrimination in employment. Any form of discrimination against a person due to their age with respect to any employment term, condition, or privilege, including but not limited to hiring, firing, layoff, compensation, promotion, or job assignments, is considered illegal under the Age Discrimination in Employment Act.

It is worth noting that HCA Healthcare owns and operates over 100 hospitals and employs over 275,000 people in multiple states and the United Kingdom.

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R3 Government Solutions to Pay $82,500 to Settle Discrimination and Retaliation Lawsuit

Age discrimination is a violation of Title VII of the Civil Rights Act of 1964.

R3 Government Solutions, LLC, a federal contractor, has agreed to pay $82,500 and provide other relief to settle a race discrimination and retaliation case filed by the U.S. Equal Employment Opportunity Commission (EEOC). The lawsuit claimed that R3 had discriminated against and retaliated against a Black woman who worked for the company as a recruiter. The EEOC alleged that the recruiter opposed R3’s discriminatory hiring practices, which included rejecting candidates based on age and disadvantaging them due to their race or national origin. The company fired her after she spoke out against these hiring practices.

This alleged conduct is a violation of Title VII of the Civil Rights Act of 1964, which prohibits retaliation and race discrimination, as well as the Age Discrimination in Employment Act of 1967, which prohibits retaliation against employees who oppose age discrimination. The Equal Employment Opportunity Commission (EEOC) filed a lawsuit in the U.S. District Court for the Eastern District of Virginia after trying to reach a pre-litigation settlement through its administrative conciliation process.

It is important to hold employers accountable when they retaliate against employees who oppose discriminatory hiring practices. The U.S. Equal Employment Opportunity Commission (EEOC) is committed to preventing and remedying discrimination and retaliation in the workplace. Retaliation against employees who speak up against discriminatory conduct cannot be tolerated. The EEOC is dedicated to seeking relief for workers who take a stand against their employer’s discriminatory behavior.

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Ministerial Exception Application When Plaintiff Position Does Not Include Religious Instruction or Activities

Suffer age discrimination, workplace violations - Helmer Friedman LLP.

Triable Issues As To Whether Ministerial Exception Applied To Plaintiff’s Position Because She Did Not Teach Religion To The Students Nor Did She Lead The Students In Any Religious Activities Or Services

Atkins v. St. Cecilia Catholic Sch., 90 Cal.App.5th 1328 (2023)

Francis Atkins, a former employee of St. Cecilia Catholic School, a religious elementary school, sued for age discrimination in violation of FEHA. The Superior Court granted St. Cecilia’s motion for summary judgment on the grounds that Atkins’ suit was barred by the ministerial exception. Atkins appealed.

Initially, Atkins argued that St. Cecilia waived the ministerial exception as an affirmative defense by failing to assert it in its answer. The Court of Appeal rejected that argument:

 

The Supreme Court has determined that the ministerial exception operates as an affirmative defense to an otherwise cognizable claim. Ordinarily, an affirmative defense must be alleged in the answer, or it is waived. This does not mean, however, that the failure to plead an affirmative defense in the answer necessarily precludes the defendant from raising it in a motion for summary judgment. Instead, courts generally have allowed an affirmative defense to be asserted for the first time in a motion for summary judgment absent a showing of prejudice. As explained by one appellate court: Given the long-standing California court policy of exercising liberality in permitting amendments to pleadings at any stage of the proceedings, we believe that a party should be permitted to introduce a defense in a summary judgment procedure so long as the opposing party has adequate notice and opportunity to respond.
 
In this case, Atkins has not shown prejudice from St. Cecilia’s failure to allege the ministerial exception as an affirmative defense in its answer. As St. Cecilia explained in its motion to set aside the scheduling order, at the time the parties stipulated to continue the trial date (but not the deadline for filing a motion for summary judgment), the Supreme Court had not yet issued its decision in Our Lady of Guadalupe. Accordingly, at that time, St. Cecilia did not believe it had grounds to seek summary judgment based on the ministerial exception. Once the Supreme Court issued the decision in that case, St. Cecilia gave Atkins notice of its intent to assert the defense when it filed the motion to set aside, seeking permission to move for summary judgment based on the exception. Atkins had an opportunity to oppose St. Cecilia’s request on both substantive and procedural grounds. After the trial court granted St. Cecilia permission to raise the ministerial exception in a summary judgment motion, Atkins had a full opportunity to oppose that motion on the merits.
 
Atkins asserts that she suffered prejudice because discovery had closed by the time St. Cecilia filed its summary judgment motion, and thus, she did not have an opportunity to conduct discovery that was tailored to address the ministerial exception. As St. Cecilia points out, however, Atkins could have asked the trial court to continue the summary judgment hearing to allow her to conduct additional discovery pursuant to Code of Civil Procedure section 437c, subdivision (h). While Atkins argued in her opposition that she was prejudiced by St. Cecilia’s failure to raise the ministerial exception in its answer, she never requested a continuance so that she could seek any necessary discovery. On this record, St. Cecilia did not waive the ministerial exception as an affirmative defense.

 

Atkins v. St. Cecilia Catholic School, 90 Cal.App.5th 1328 (2023)(cleaned up).

Next, Atkins argued that the trial court erred in granting summary judgment to St. Cecilia because her former job position with the school does not fall within the scope of the ministerial exception. Atkins specifically asserts that her job duties as both an office administrator and an art teacher were secular in nature and did not involve the teaching of religion to the students. St. Cecilia contended that Atkins is subject to the exception because the school entrusted her with educating and forming students in the Catholic faith, and Atkins fully embraced that role in her teaching position. Viewing the evidence in the light most favorable to Atkins, the Court of Appeal concluded the trial court erred in granting the summary judgment motion because there were triable issues of material fact as to whether the ministerial exception applies to Atkins’s former job position as an art teacher and an office administrator.