This is our second post in a series on employees’ rights when they get laid-off from work. In our last post, I pointed out that even though an employee may have been “laid-off” with several other employees, that does not necessarily mean they were not wrongfully terminated in being chosen for layoff. This post deals with the situation where a large group may be “singled out”… Continue reading
Posts Tagged ‘Gender Discrimination’
Family Status Discrimination and Equal Pay Laws
June 22nd, 2008
James PetersThis 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 the United States is likely a direct contributor to the fact that women still tend… Continue reading
"Assumption" Stereotyping as Family Status Discrimination
May 17th, 2008
James PetersThis 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 beliefs about what women will do, given their family status…
In these situations, the employer’s concerns Continue reading
"Moral" Stereotyping as Family Status Discrimination
May 3rd, 2008
James PetersThis 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, such as the topic of today’s post, which is what I call “Moral Stereotyping”… Continue reading
Family Status Discrimination Series
April 16th, 2008
James PetersOne 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 in legal circles. We call it “family status discrimination”, but others call it “family… Continue reading
Ron Paul on Employee Rights (Part 3): Darn Those Pesky Civil Rights Laws
January 17th, 2008
James PetersIn this third and final installment in our series on Ron Paul’s comments about employee rights in his book Freedom Under Siege, we examine his views on civil rights legislation in general, which can be found in several sections of his book, but is best summed up with the following quote found on page 39:
“[P]eople have the right to discriminate…in choosing…an employee…. Civil rights legislation of… Continue reading
Ron Paul on Employee Rights (Part 2): Unattractive Women Need Not Apply
January 16th, 2008
James PetersThis is the second in our series of posts based on Presidential Candidate Ron Paul’s musings on employee rights in his book Freedom Under Siege. This installment’s “Paulism” can be found on page 17 of the book:
The idea that the social do-gooder can legislate a system which forces industry to pay men and women by comparable worth standards boggles the mind…The concept of equal pay for equal… Continue reading
Ron Paul on Employee Rights (Part 1): Sexual Harassment-What's the Big Deal?
January 15th, 2008
James PetersI have tried to tune out most of the political primary hysteria because I (1) made up my mind about who I would be supporting in the election long ago and (2) I live in California, so my opinion is not really that important at this stage.
Today I happened to stumble across some of Ron Paul’s comments in Freedom Under Siege, a book is a bit shocking… Continue reading
Sometimes the "Decider" is Wrong
January 12th, 2008
James PetersLet me first say that I rarely disagree with decisions by California state or federal appellate courts (at least those I am not personally involved in and therefore biased against). However, I occasionally come across a case where I just think the court got it wrong. In Mokler v. County of Orange, et.al. (Cal.App.Dist.4 11/26/2007), No. G036029, a former Orange County employee sued under several different claims, including sexual… Continue reading
Glass Ceiling is Still an Obstacle for Female Interviewees
March 4th, 2007
James PetersSometimes it is easy to forget that discrimination against women, minorities and (of course) minority women still occurs in this country.
This might bring to mind examples where uneducated, unskilled women are denied employment and/or harassed by uneducated men who think of them as sex objects, such as in the movie North Country.
However, as discussed on Susan Cartier Liebel’s blog, this subject comes up… Continue reading
Q&A: Termination for Getting Pregnant is Illegal
January 3rd, 2007
James PetersLast week I found out I was pregnant. The next day, I went into work and told my boss. He said that he does not allow pregnant women to work there because they disrupt scheduling when they take time off to have the baby. He terminated me and said I could re-apply for my position after I have… Continue reading


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