Applied Materials Corporation – Dedicated Plaintiff-Side Employment Attorneys
Applied Materials is one of many semi-conductor and engineering companies based in California. It and many others in its field have been sued alleging a culture of harassment, bias, gender discrimination, and retaliation. We have seen an increase in the number of lawsuits against technology companies in California. The uptick in employment discrimination lawsuits is hard to explain, especially after such government agencies such as the Equal Employment Opportunity Commission (“EEOC”) and the Department of Fair Employment and Housing (“DFEH”) require such organizations to have compliance hotlines, training, education, manager oversight, and other preventative measures in its policies. California companies are prohibited from violating wage and hour and other labor laws. However, unfortunately, we constantly receive reports of settlements against these companies for age discrimination, Equal Pay Act violation, Unfair Competition Law violation, hiring discrimination, sexual harassment, gender and sex discrimination, whistleblower retaliation, and other sexual misconduct.
If you are a former or current employee at Applied Materials, please be aware that there may be others in your position. Settlements holding companies accountable are almost always private and remain confidential. Therefore, we encourage employees to hold their company accountable for a culture filled with bias, harassment, discrimination, retaliation, and intimidation. We continually receive reports of rampant hostile work environment and unlawful wage disparity at California companies. If you experience any of the aforementioned conduct, know that you are not alone. Call our office to speak with a knowledgeable attorney to discuss your rights. On our website, we provide helpful tips, but the best way to remedy a situation is to directly speak with a trained professional.
The California Labor Code prohibits California employers of one or more employees (with exceptions similar to the ban-the-box law) from asking about or considering the three categories of criminal history information listed in the ban-the-box law in determining any condition of employment, including hiring or termination. In addition, as a factor in determining any condition of employment, the California Labor Code prohibits employers from asking or considering any of the following:
- Juvenile records relating to arrests, detentions, processing, supervision, adjudications, or court dispositions while the applicant was subject to the juvenile court system (Cal. Code Regs. tit. 2, § 11017.1(b)(4)). California does not consider juvenile court decisions to be “convictions” that employers could otherwise inquire about.
- Non-felony convictions for marijuana possession, as well as specified marijuana infractions and misdemeanor convictions that are two or more years old.
- Detentions (not just arrests) that did not result in conviction (with certain exceptions).
The ban-the-box law does not apply to certain positions. Those include:
- A position for which a state or local agency is otherwise required by law to conduct a conviction history background check.
- A position with a criminal justice agency, as defined in Section 13101 of the Penal Code.
- A position as a farm labor contractor, as described in Section 1685 of the Labor Code.
- A position where an employer or its agent is required by any state, federal, or local law to:
- conduct criminal background checks for employment purposes; or
- restrict employment based on criminal history.
In California, investigative consumer reports regarding criminal history may not contain any information more than seven years old or about any of the following:
- Criminal Information.
- Misdemeanor complaints.
- Criminal convictions.
In contrast, federal law has few restrictions on criminal background checks. There is a limit for employees who will be paid less than $75,000. Employers may only check arrest records in the past seven years and certain financial records for those employees. Criminal convictions may be checked for all employees, and arrest records for higher paid employees have no limit. While the EEOC has suggested that use of criminal background information can be discriminatory, its guidelines for use of arrest and conviction records are not binding on employers.
Stephen Danz and Associates’ affiliated employment attorneys handle cases solely on behalf of local employees who have experienced labor law violations such as discrimination, wrongful termination, sexual harassment, unequal pay, and retaliation. Our experienced and dedicated attorneys understand the client needs to protect his or her rights and income as well as the ability to continue to work. When you trust us with your case, we represent you and your interests with confidence and transparency. Our reputation speaks for itself as we tirelessly work to represent your employment interests so that your professional and financial futures are protected.
We devote our practice to fighting for workers’ rights. Employment law in California is a specialized area and cases are hard-fought. Therefore, having a statewide California employee-side law firm on your side is critical. If you are in California and searching for attorneys that are both experienced and aggressive, look no further and contact one of our offices. When encountering discrimination, wrongful termination, or retaliation in the workplace, many California employees have turned to our attorneys for guidance. In turn, we represent employees throughout California in their fight against employers that have taken advantage of their upper hand. Our attorneys cover cities in Northern California and Southern California as the State’s courts are as specialized and diverse as the State’s landscape.