Interviewing for a new job can be a nerve wracking experience. You want the job, you need the money, you are nervous, and you want to make a good impression. In essence, you know that you will do great if they just give you a chance. Something that makes the interview process takes a turn into uncomfortable territory, and you leave feeling disrespected and confused. Take, for example, when professional sports teams ask potential draft picks about their sexual orientation. The fact is, not only are certain interview questions offensive, they are also unlawful. Discriminatory Questions Prohibited First and foremost, state and federal laws protect numerous classes of people from employment discrimination based on their protected status. This includes sex, race, color, disability, age, national origin, sexual orientation, gender identity, HIV/AIDS status, political affiliation, military status, or status as a victim of domestic violence or sexual assault. It is unlawful for an employer to fail…Read More
Government Code 12940(a) prohibits discriminatory employment actions, including decisions regarding hiring, firing, compensation, and conditions based on a person’s sex status. The legal definition of sex under the code includes “Gender expression”, which means “a person’s gender-related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth.” People who identify as transgender are thereby one of the classes of people protected from employer discrimination. The California Fair Employment and Housing Council recently enacted additional protections for transgender persons. Effective July 1, 2017, new regulations take effect, which recognize and protect people transitioning, offers privacy protections, and bathroom protections. Bathroom Protection Regulations regarding working conditions have been expanded to allow for bathroom protections for transgender persons. Employers are legally required to provide “Equal access to comparable, safe, and adequate facilities shall be provided to employees without regard to the sex of the employee.” The key word in the amended regulation is the word…Read More
Wage disparities between genders can be found in all types of industries. Certain fields, such as technology, the problem is much more widespread. In recent years, several companies in the Silicon Valley, such as Microsoft, Facebook and Oracle, have been thrust in the spotlight for wage gap issues. And recently, Google has been under investigation by the Department of Labor (DOL) for gender pay discrimination. As a federal contractor, Google is required to provide the DOL with access to its records and employee information to ensure compliance with federal equal opportunity laws. In this investigation, the DOL found evidence of extreme gender pay discrimination. They filed a lawsuit against Google this past January. “We found systemic compensation disparities against women pretty much across the entire workforce,” said Janette Wipper, a DOL regional director. Janet Herold, regional solicitor for the DOL, said: “The government’s analysis at this point indicates that discrimination against women in Google is quite extreme,…Read More
