Colette Mahon, Women's Rights Employment Law Attorney

Colette Mahon, Women's Rights Employment Law Attorney Employment law attorney focused solely on women's rights, fighting for equality at work.

YOUR EMPLOYER MAY NOT KNOW ABOUT THIS LEAVE OR OFFER IT TO YOU. Especially with this law expanding from employers of 50+...
12/20/2022

YOUR EMPLOYER MAY NOT KNOW ABOUT THIS LEAVE OR OFFER IT TO YOU. Especially with this law expanding from employers of 50+ employees to just 5+ employees in California, many folks will likely have to educate their employers on their rights to medical leave.

But please know, if you are dealing with a mental health issue (or issues) caused by stress, and your doctor has diagnosed you and is in agreement that time off from work would be beneficial, you may take this protected leave of absence. This would be covered under California's CFRA as a medically protected leave of absence, and you may even be eligible to collect state disability insurance (SDI) to offset wage loss during this time.

If you or someone you know is struggling with mental illness, please reach out to a trusted professional or call 988 for support.

Just because there is not a male to compare her work and salary to does not mean the employer can take a discount when p...
11/03/2022

Just because there is not a male to compare her work and salary to does not mean the employer can take a discount when paying women.

The United States Supreme Court recognized in Washington County v. Gunther, 452 U.S. 161 (1981) that hiring a woman for a unique position and admitting her salary would have been higher had she been male is a blatant discriminatory practice.

Admissions that someone’s gender was taken into account when setting salary is an admission of pay discrimination. Example: “Market realities are such that the women do not deserve equal pay,” and “setting the WNT’s compensation lower than the MNT’s was the difference in ‘speed’ and ‘strength’ between men and women and the fact that organizations like FIFA separate soccer players on the basis of ‘genetics’ and ‘biology.’” These are admissions cited in the USWNT’s case. DM for citation. This is direct evidence that being female was taken into account when the USSF set their pay and that it was clearly taken as a discount.

More often, when women are at the height of their career, it’s hard to find a true comparator. California has helped here by creating a “substantially similar work” standard. But, sometimes it’s still hard to find that comparator. Nevertheless, if you have evidence that your employer gave itself a discount because of your gender, you still have a pay discrimination claim.

I’ve had defense counsel argue differently. That because there is no comparator, there cannot be pay discrimination. Thankfully the Court found this argument was bogus. But, they bring it and will continue to bring it, so please share!

I recently found out that someone very close to me was paid $10,000 less than her male counterpart. It wasn’t until she ...
10/27/2022

I recently found out that someone very close to me was paid $10,000 less than her male counterpart. It wasn’t until she left the job that she had the courage to ask her coworker what he made. To her surprise, he gladly offered up the information.

Why are we so hesitant to ask?

Throughout most of my career, I never asked a colleague what their salary was. It’s hard. It’s awkward. It’s scary. But, the consequences of not asking could be drastic. Swipe through to find out how.

This is a biggie, so don’t miss it.When you return to work from FMLA / CFRA leave, you MUST be returned to the same or a...
10/20/2022

This is a biggie, so don’t miss it.

When you return to work from FMLA / CFRA leave, you MUST be returned to the same or a comparable position that is EQUIVALENT (virtually identical) to your former position in terms of the following:

-Same or substantially similar duties and responsibilities, which must entail substantially equivalent skill, effort, responsibility, and authority
-Pay
-Benefits
-Shift
-Schedule
-Geographic location
-Working conditions
-Privileges
-Prerequisites
-Status

You are entitled to reinstatement EVEN IF you have been replaced or your position has been restructured to accommodate your absence!

For example, if to accommodate your absence, your employer divided your duties between the remaining employees, your employer cannot then say it will not be reinstating you to your old position because it is going to continue with the restructured job duties. This would be ILLEGAL, and if it happens to you, consult with an employment attorney.

Don’t assume your employer knows the rules. Learn them so you can assert them and save your job.

Has this happened to you? Share in the comments below.👇

Looking for evidence of intent? You don't need it.Your employer does not need to intentionally discriminate against you ...
10/06/2022

Looking for evidence of intent? You don't need it.

Your employer does not need to intentionally discriminate against you because you are a woman in order to violate your equal pay rights.

You do not need to prove that your employer wanted to pay you less because you are a woman. This is a common misconception. Please share!

(Although, if you do have evidence the pay inequity is on account of your gender, then it may be a violation of both the California Equal Pay Act and the California Fair Employment and Housing Act. More on that to come).

Have you ever hesitated to call out unequal pay because you thought it needed to be motivated by your gender? Share in the comments below. 👇

As an employment attorney, I am often asked HOW women can take steps to ensure they are paid as much as their male count...
10/04/2022

As an employment attorney, I am often asked HOW women can take steps to ensure they are paid as much as their male counterparts. My answer is often situational, but has a common theme: we need to TALK about it with our colleagues. And this is a hard task for many people, because we live in a society where discussing pay is considered taboo.

Further beyond that, many people have employers that create company policies that TELL employee's NOT to discuss their pay details with fellow colleagues (which IS ILLEGAL, by the way).

Pay transparency laws are a huge step in the right direction for equal pay. Currently in California, SB 1162 was recently signed into law, and if you haven't heard about it or read about it, please check out my post from September 2nd, 2022!

This law expands pay transparency for job seekers, current employees, and labor contractors alike. And when pay info is required to be out in the open, fewer employers will be able to get away with paying certain employees (usually women, and especially women of color) a lower wage.

SB 1162 is officially a law! If you are a CA employee, you definitely want to read up on this one, because it very well ...
09/29/2022

SB 1162 is officially a law! If you are a CA employee, you definitely want to read up on this one, because it very well may apply to you.

This law is a major step in the direction of combatting gender and race / ethnicity-based pay disparities at work, as they create more pay transparency for current employees, job applicants, and temp employees alike.

Please swipe through, read, and share. The more you know about this law, the better prepared you will be to leverage it if and when you need to.

You should NEVER have to choose between your health and your livelihood. Yet, many folks end up doing this because they ...
09/24/2022

You should NEVER have to choose between your health and your livelihood. Yet, many folks end up doing this because they don’t know their workplace health rights and their employer didn’t educate them either.

Either the employer doesn’t know (which happens with many small employers) or they’d rather their workforces not find out.

Forcing an employee to choose between their health and livelihood is extremely egregious, and I fight against employers who do this daily.

The purpose of workplace health laws such as medical leave rights and accommodation rights is to prohibit certain employers from forcing this choice. I wish this covered all employers and all employees, but unfortunately there are certain requirements.

For those who are protected by these laws, you should learn the basics so you can educate your employer and assert your rights.

Did you know that you may be able to take time off from work to help care for your children, grandparents, or even your siblings? Did you know this could be taken intermittently or at a reduced schedule?

Did you know that your employer may have to provide you with accommodations if you have a health condition that makes working difficult?

Many of these protections apply to employees who work for employers with just 5 or more employees!!! That’s a lot of Californians 😊

Check out my blog to learn more: www.justworkca.com

Today is Black Women’s Equal Pay Day. Black women are paid only 63 cents for every dollar made by white men, according t...
09/21/2022

Today is Black Women’s Equal Pay Day. Black women are paid only 63 cents for every dollar made by white men, according to the National Women’s Law Center. That’s just over half?! This is unacceptable.

Recognize that many women do the right things to advocate for their own worth. This is not a "she did not speak up" problem. This isn't happening due to a lack of being proactive. But rather, the opposite. Pay gaps exist because discrimination and bias still exist, and these things are not easily eliminated simply by “negotiating your own worth.”

Companies should be intentional about reviewing and modifying their workplace and hiring policies to ensure bias is erased.

I work to enforce the California Equal Pay Act and my hope is that with each case I bring, I am helping to narrow the wage gap over time.

Employers believe they aren’t violating a woman’s equal pay rights when she doesn’t ask for more money. They think, why ...
09/16/2022

Employers believe they aren’t violating a woman’s equal pay rights when she doesn’t ask for more money. They think, why do I need to pay her more if she never asked? She must not want more.

In short, it is a violation of California equal pay laws to fail to pay a female equal to a male when they perform substantially similar work. Just because a female never asked for more or as much as a male counterpart is NOT a defense.

Problem is – this is a common belief. That means, IT’S STILL IMPORTANT TO ASK FOR THE MONEY.

Ask your male peers what they are making so you’re prepared to ask for the same. Let’s start making salary an open conversation!

Discrimination doesn't always look like a termination.California law supports discrimination claims resulting in a wide ...
09/14/2022

Discrimination doesn't always look like a termination.

California law supports discrimination claims resulting in a wide form of adverse employment actions, short of termination.

California’s anti-discrimination and retaliation goals are “compromised as much when an employer accomplishes a death by a thousand paper cuts as when it achieves its ends with a single blow.” Yanowitz v. L’Oreal, USA, Inc. (2003) 36 Cal.4th 1028.

Slowly pushing an employee out by taking away duties and privileges, isolating them, heightening scrutiny of their work and more, are just as egregious and damaging as termination. Oftentimes it culminates in a termination.

These actions represent hundreds of daily interactions and feelings that lead to significant emotional distress - loss of confidence, loss of self-worth, humiliation, anxiety, stress, and more.

Just because you haven’t been terminated doesn’t mean you are not experiencing illegal discrimination. You have options at this point! Reach out to HR or an employment law attorney. You may possibly save your job and your mental health.

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You don’t get a retirement party when you’re fired.

You dedicate nearly every waking hour to your job, and in return you believe you're part of the work "family."

But the work "family" relationship comes with some very important legal rules. I’m here to help you learn those rules and to keep California’s employees in a just workplace.