June 2003
WIN AT WORK MONTHLY
A Community Service of DON D. SESSIONS, A PROFESSIONAL LAW CORP., Employee Rights Attorneys
Win at Work	Employee Rights Update
LOOKS DISCRIMINATION Can employers discriminate against you because of your looks? Well, maybe. There is no doubt they do. A television program sent many sets of equally qualified job candidates to be interviewed at various businesses. Invariably, the better‑looking person got hired. Looks also influenced promotions, demotions and terminations. In most cases, looks discrimination is perfectly legal. Employers may offer employment only to those with the “right” appearance. So if you want the job, try enhancing your looks along the lines of “dress for success” principles and do the best with what you’ve got. However, it is illegal if the “look” the employer discriminates against is related to race, gender, age, physical disabilities or any other classification in which discrimination is forbidden by law. You should pursue your rights if others are treated more favorably based on illegal discrimination. Then enjoy the dejected look of your employer as you collect your money damages.	RETALIATION CLAIMS Retaliation claims have become a major weapon in the fight against wrongful termination. Extra ammunition has been provided to workers by improvements in the Labor Code that prohibit employers from retaliating against employees who disclose wages or working conditions. Other types of retaliation claims include complaints about discriminatory practices, unsafe working conditions, and illegal acts of the employer. The recent case of Freund v. Nycomed Amersham resulted in a $2.3 million verdict in favor of an employee who raised legitimate complaints about workplace safety. It is important to remember to document complaints before you get fired. Employee complaints should also occur prior to the retaliatory action by the employer. California provides further protection against age, sex, race and disability discrimination and harassment in the Government Code. The employer may fire you on the basis of a pretext such as poor attitude while hiding its true discriminatory motive. Peter W. Taylor, Attorney
Update on our attorneys: Don Sessions lectured at Whittier Law School on resolving employee rights cases. Steve Kimball completed teaching his course on Employment Law at Western State Law School
Look for our answers to employees’ questions in the “Life and Work Q & A” column of the Orange County Register’s "Business Monday" magazine. E-mail us at dds@job-law.com to have your address added or removed from our monthly mailing list. For more employee rights information or for past issues of Win at Work Monthly, click here for our website, job-law.com; here to order our book, Employee Rights in California; or contact our office directly at 23456 Madero, Suite 170, Mission Viejo, CA 92691, (949) 380-0900, (800) 774-7494, mailto:info@job-law.com. The Win at Work portion of Win at Work Monthly is from our ongoing syndicated column which appears in the Los Angeles Times’ “Career Builder Magazine” and elsewhere. Win at Work Monthly is intended for general information and should not be construed as legal advice or opinion. Readers in need of legal advice should promptly retain the services of an attorney. ©2003 by Don D. Sessions.