People often call our office asking if they can open a wage claim for nonpayment of wages because their employer forced them to work on a federal holiday and did not pay them overtime or double-time rate for hours worked. Unfortunately, the answer is no.
In San Francisco, California, women in the tech sector make about 6 percent less than men who perform similar jobs. This was according to data compiled by a recruiting firm called Hired. Nationally, women in the technology sector made 3 percent less than men. Where a woman worked was not the only variable that impacted the pay gap she may experience. Those who worked in Boston had a 9 percent pay gap, and that figure had not changed in the past year.
Being a TV writer in California can certainly present many interesting and rewarding opportunities. However, diverse writers working in the television industry may not have such a positive attitude about this profession, according to the results of a report prepared by a group of working TV writers and a therapist. The report found that more than 60 percent of writers who are women, non-binary, LGBTQ, people of color or individuals with disabilities experienced discrimination, bias and/or harassment.
Some California tech employees may be aware that their industry has been plagued with allegations of workplace discrimination. A number of companies, including Microsoft, Uber, Google and Spotify, have faced complaints about discrimination and harassment. While companies are making efforts to address these complaints, a 2018 survey by an anonymous workplace app, Blind, found that nearly three-quarters of tech workers said they did not trust human resources.
As workers reach retirement age, the way they are treated by employers can change significantly. Forced early retirement or layoffs are more common than many believe, according to recent research. For Californians in their 50s and beyond, job prospects can be discouraging.
The California legislature recently passed Senate Bill 970 (SB 970) in an effort to combat human trafficking. SB 970 added Section 12950.3 to the Government Code and amended the Federal Employment and Housing Act (FEHA). FEHA already requires employers to provide sexual harassment training to their employees but is now taking it a step further with some employers.
Both men and women can be victims of gender discrimination if they apply for jobs traditionally held by the opposite sex. For instance, if a man in California decides to be a housekeeper, he may have a harder time getting the job because of his gender. The same could be true of a woman who wants to be a janitor or work in another industry dominated by males.
The legislative gains advanced by the LGBTQ community in California have spread all the way to the nation's capital. With the Democrats taking control of the 116th Congress on Jan. 3, they voted to update the rules for employment at the House of Representatives by banning job discrimination against LGBTQ people. A representative who is an open member of the LGBTQ demographic pushed for the change.
A gender discrimination complaint was filed with the Equal Employment Opportunity Commission, alleging that Facebook and others have used the social media platform to post biased job advertisements. Specifically, a group of women who use Facebook claim that certain job ads were targeted so that they did not appear to women on the site. Rather, the help wanted ads were shown only to men. California employees and people looking for jobs might be entitled to claim damages if they've been discriminated against during the hiring process.
Even though most forms of workplace discrimination is illegal in the state of California, there are some who still experience it. Those who are actively discriminated against often find that their productivity and progress is impacted. They may also experience anxiety and work-related stress. However, there are certain steps workers can take to eliminate discrimination.