Civil Rights in the Workplace

The freedom to live, work, study in a world where racism and discrimination are evident, lies beyond merely living in bliss. Civil rights is the concept of free and equal citizenship.

It covers the right to work where you want (regardless of disabilities but depending on the type of job); voting; choosing where you’ll live etc. The law protection is also based on your race, sex, color, disability, religion or national origin. “Harassment is illegal when it becomes a condition of employment or creates an uncomfortable work environment.”

Types of Discrimination

Racial discrimination - several legislative acts, including the Civil Rights Acts of 1964 and 1991, protect individuals from racial discrimination.

Gender discrimination (or sex-based discrimination) - it includes sexual harassment and pregnancy-based discrimination. Various federal laws protect individuals from these and other forms of gender discrimination.

Age discrimination - under the Age Discrimination in Employment Act of 1967, people who are 40 or older are protected from employment discrimination that is based on age.

Disability discrimination - the US, Canada and the European Union have all enacted civil rights legislation to guarantee equal rights for their disabled citizens. The Americans with Disabilities Act of 1990 prohibits state and local governments, employers and other organizations from discriminating against Americans with disabilities.

Employment discrimination - this falls under one of the other categories like age, gender or race discrimination.

Reverse discrimination - is usually used to describe discrimination against white males and other groups that may have benefited in the past from discrimination toward other groups.

Religious discrimination - Title VII of the Civil Rights Act of 1964 protects people from discrimination based on religion.

Discrimination based on sexual orientation. Some jurisdictions have civil rights laws that cover sexual orientation, but this is by no means the norm. In fact, some states have attempted to pass laws that prohibit local governments from passing civil rights laws to protect homosexuals.

Harassment - the US Equal Employment Opportunity Commission defines harassment as "unwelcome conduct that is based on race, color, sex, religion, national origin, disability, and/or age."

Sexual harassment - is a common violation of the Civil Rights Act of 1964. It refers to unwanted sexual advances, requests for sexual favors and other physical and verbal behavior of a sexual nature.

Target Stores, Inc. sued by EEOC

Target Stores, Inc. was sued by the US Equal Employment Opportunity Commission (EEOC) last August 28. They failed to provide a reasonable accommodation to one of their employees who have cerebral palsy and intellectual disability.

“What is particularly disturbing here is that Target already knew this employee was disabled and needed assistance with communicating during in-person meetings,” said Los Angeles District Office EEOC Regional Attorney Anna Park.

She further stated that “target’s failure to provide a reasonable accommodation denied him equal benefits and privileges of employment. Despite his disabilities, the employee in this case was qualified and motivated to work, but Target denied him an equal opportunity to succeed in the workplace.”

According to the press release, they failed to notify his job coach and parents of other co-employees during meetings involving work issues and job performance. The disabled employee was required to attend the meetings alone without any assistance.

Target hired him with the full knowledge of his conditions. Based on the law, Target violated Title I of the Americans With Disabilities Act of 1990 (ADA) and Title I of the Civil Rights Act of 1991.

Historically, the US has fought for civil rights in great strides. Beginning from Over the last 100 years, the United States has made significant strides in the area of civil rights. From the birth of American slavery to the Reconstruction period, racial discrimination surged.

If the provisions of Community Action Agency (CAA) are violated, there are different sanctions to deal with. “The remedy may be enjoining unlawful employment practices; ordering that such affirmative steps be taken as may be appropriate, including reinstatement or hiring, with or without back pay; or any other equitable relief as may be deemed appropriate,” said CAA.

There is also compensation for the damages such as intentional discrimination on the basis of disability or failure to make good faith efforts to make reasonable accommodation. In such a case, compensatory damages for future pecuniary losses, emotional pain and suffering, and other non-pecuniary losses are capped at no more than $300,000.

Mesriani Law Group is a full service law firm which specializes in all facets of Personal Injury Law Litigation, including Wrongful Death Claims, Car Accidents, Slip and Fall and Premises Liability Claims, Employment / Labor Law, Disability Law and Supplemental Security Income (SSI) claims, and Business Law. Each of the attorneys at the Mesriani Law Group has been acknowledged as one of the very best in their field. Whether your case deals with Personal Injury Law, Employment Law, Social Security representation or Corporate/Business law, you can be assured that your case will be handled by an expert who specializes in that form of litigation. It is this diversity that makes us unique. We are not a firm with one specialty, but several. But it is not the accomplishments of its attorneys or its stellar business plan that makes Mesriani Law Group the best law firm in Los Angeles. It is the people working at Mesriani Law Group that truly drive our success. Every employee at Mesriani Law Group is dedicated to delivering the best service possible. Not only that, but Mesriani Law Group prides itself on giving the same level of attention to each and every client, be it a small personal injury matter or a multi-million dollar litigation. Mesriani Law Group is dedicated to giving its clients the very best representation and remains committed to having only the very best attorneys handling their cases.

We provide a wide range of legal services to our clients. We represent California counties including Orange County , Los Angeles County , San Diego County , San Bernardino County and Riverside County . We also represent California cities including Alhambra, Beverly Hills, Burbank, Carson, Compton, Culver City, Diamond Bar, Downey, El Monte, Gardena, Glendale, Glendora, Hawthorne, Oxnard, Ventura, Simi Valley, Thousand Oaks, Chula Vista, Escondido, Ocenside, San Diego, Fontana, Ontario, Rancho Cucamonga, San Bernardino, Anaheim, Costa Mesa, Fullerton, Garden Grove, Huntington Beach, Irvine, Laguna Niguel, Mission Viejo, Newport Beach, Orange, Santa Monica, Santa Clarita, Woodland Hills, Van Nuys, Tarzana, Encino, Sherman Oaks, Lancaster, Reseda and Northridge. Contact us today for a free initial consultation through our toll free number or by filling up the free case review form.

Copyright © 2004-2011 Mesriani Law Group.
510 Arizona Ave., Santa Monica, CA 90401 Call Us Toll Free: 1.866.325.4529