Employment Rights

Discrimination in employment is prohibited by a series of federal laws. These laws are the following:

(a) Title VII of the Civil Rights Act of 1964, as amended (commonly referred to as "Title VII");

(e) The Civil Rights Act of 1991 (often referred to as "CRA of 1991"); and
Section 501 of the Rehabilitation Act of 1973, as amended.

Title VII prohibits employers from discriminating on the basis of race, color, religion, sex, or national origin.

The ADA prohibits employers from discriminating in employment on the basis of disability, in the public sector and in the private sector, but excludes the federal government.

The ADEA prohibits employers from discriminating against persons 40 years of age and older.

The EPA prohibits employers from discriminating on the basis of gender in how they pay for substantially similar work under similar conditions.

The CRA of 1991 provides for monetary damages (including punitive damages) in cases of intentional (willful) discrimination and clarifies provisions about disparate impact actions.

The Rehabilitation Act, Section 501, prohibits discrimination in employment against federal employees with disabilities.

The U.S. Equal Employment Opportunity Commission (EEOC) enforces the main federal statutes prohibiting discrimination in employment. The headquarters of the EEOC are located in Washington, D.C., and there are regional offices and local field offices throughout the country. Check telephone information under Federal Government listings for a contact phone number, if you think you may have been subjected to employment discrimination.

In the advent of new millennium, so much power has been given to the media. The broadcast, print and online media dramatically spotlight any bizarre event to catch our attention. Sexual harassment in the employment sector often consist their daily headlines.

Based on the report of Equal Employment Opportunity Commission statistics (EEOC), approximately 15, 000 sexual harassment cases have been filed each year. 11% of this consists of the male populace.

To have more data about sexual harassment. Consider the following information below to help you recognize sexual harassment acts.

What are the acts that can be considered as sexual harassment?

First, an act must be offensive. For instance when an employee keep making sexual explicit jokes to another employee, it would be sexual harassment in the workplace. Nevertheless, if two employees enjoy exchanging sexual jokes at each other, it would not be a form of sexual harassment.

Second, it is demanding with the intent to take the advantage of his/her superiority over the person. Examples of these are the sexual demands associated with promotions. This could be a ground to file a sexual harassment cases.

Most sexual demands could be the basis for sexual harassment but there are exemptions. If a person accepts the offer in exchange for his/her approval, there is no claim. However, if he/she does not get the promise promotions, there is a ground for sexual harassment.

Regarding those individuals who do not get the promotion because they do not sleep with superiors, the law in California does not give them the rights to make claims.

There is no sexual harassment in the workplace when the lover gets special treatment and attention. On the other hand, if the boss made sexual demands to them, they refuse causing the promotion, and benefits be given to the person who accepted the offer, they could make claim.

Third, verbal or physical assaults are not the only basis for sexual harassment in the workplace. You could either use pictures, touching, unwanted request for a date and leering as basis for sexual harassment.

Sexual harassment in the employment happens not only to those people of the opposite sexes, it could be between the same sexes as well. It can be inflicted by a woman or man to each other.

Damages resolvable in sexual harassment in the workplace

Sexual harassment victims’ resolvable damages differ greatly between California and Federal law.

California and Federal law gives recovery for the following damages:

•    Lost wages
•    Future loss of wages
•    Emotional distress,
•    Punitive damages
•    Attorney’s fee

Federal Title VII Law did not give restriction for an employee to obtain everything they can recover under Californian Law.

There are differences on the recovery of the damages. For example in Federal law, an employee can approximately recover more than $300,000.00 in sexual harassment lawsuit based on the damages factors above.

In California law, the amount the employee will get from sexual harassment is technically unlimited, giving them an impression as employee friendly.

Recommendation
Finally, if an employee happens to be sexually harassed, it is advisable to hire an expert attorney fro proper legal advice and assistance in filing proper charges against the harasser. An employment attorney specializing in sexual cases can let a victim obtain justice and suitable compensations.

To know more about sexual harassment cases, you can visit the nearest sexual harassment attorney and ask them about the receivable amount intended for you.

Our employment attorneys are well adept in handling lawsuits resulting from sexual harassment and other cases such as Labor Law violations . For expert legal advice and representation, log on to our website and contact our law office.