Author Archive for James J. Peters Archive Page
The Perils of Trying to Win at “All Costs”
Published by James Peters June 29th, 2008 in California Employee Rights, DiscriminationSome employees (and some employee-rights attorneys) believe that if they are wrongfully terminated and able to get a new job just days later, they will only be able to recover a few thousand dollars and it would not be “worth it” to pursue a claim, especially if they have to pay an attorney to get [...]
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Family Status Discrimination and Equal Pay Laws
Published by James Peters June 22nd, 2008 in DiscriminationThis post is part of our ongoing series dealing with “family status” discrimination. Family status claims implicate several employment laws, depending on the facts of a given case. For example, the federal Equal Pay Act (”EPA”) and also California law mandate “equal pay” between men and women.
The fact that women disproportionately care for children in [...]
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“Assumption” Stereotyping as Family Status Discrimination
Published by James Peters May 17th, 2008 in DiscriminationThis is our third post in our series on “family status” discrimination. The last post dealt with examples of “moral stereotyping” where an employer’s belief on what women should do motivates their discrimination. This post deals with what I call “assumption” stereotyping, which deals with instances where an employer is motivated by their [...]
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“Moral” Stereotyping as Family Status Discrimination
Published by James Peters May 3rd, 2008 in DiscriminationThis is my second post in our multi-part series on “family status” discrimination, which is becoming more and more common under both federal and state law.
There are many ways family status discrimination can happen in the workplace, some of which are very subtle and difficult to prove. Other types are not subtle at all, [...]
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Family Status Discrimination Series
Published by James Peters April 16th, 2008 in Discrimination, Harassment, Medical LeavesOne employment law claim that has been quickly becoming more popular these days is “family status discrimination”. That is, discriminating against someone based on their familial obligations or simply because they have a family in the first place.
Widespread use of this claim is so recent that it does not even have a consistent name [...]
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