Archive for August, 2019
COMFORT IS NOT A LUXURY
Protections for People Needing Assistive Animals A recent settlement extends California’s Fair Employment and Housing Act (FEHA) disabilities protection to rental applicants seeking to move in with emotional support pets. In a complaint filed with the Department of Fair Employment and Housing (DFEH) against Adams West Associates, Ltd. and Bedford Group of Companies, LLC, a […]
ACCOMMODATION NATION
LISTEN Don’t Turn a Deaf Ear to Employee Disabilities The goal of the Americans with Disabilities Act (ADA) “is to ensure that people with disabilities have the same rights and opportunities as everyone else.” Sometimes, however, companies need a not-so-friendly reminder from the Equal Employment Opportunity Commission (EEOC) of their reasonable accommodation obligations for ADA-protected […]
IMMIGRATION NATION
EMPLOYMENT ELIGIBILITY VERIFICATION FORM I-9 EXPIRES AUGUST 31, 2019 The federal government requires all U.S. employers to verify identity and work authorization for each employee hired within the U.S., including citizens and non-citizens, using “Form I-9, Employment Eligibility Verification” (the I-9 Form or Form). The I-9 Form directs the employee to present specified documents evidencing […]
CAUTIONARY TALE EPISODE 33
CHOKE THE “JOKES” EEOC Settles Tex-Mex Restaurant Servers’ Sexual Harassment Case for $40,000 The U.S. Equal Employment Opportunity Commission (EEOC) enforces federal laws prohibiting employment discrimination and harassment based on sex, including sexual orientation. On August 9, 2019, the EEOC announced the $40,000 resolution of its harassment lawsuit against Virginia-based El Tio Tex- Mex Grill […]
FAHRENHEIT 080
California’s Threshold for Required Heat Illness Safeguards An employer’s obligations to protect outdoor workers from heat-related illnesses starts at 80 degrees Fahrenheit (that’s 26.7 degrees Celsius to be precise). So say California’s Occupational Safety & Health Standards Board (OSHSB) regulations. The regulations incorporate common sense rules for keeping workers safe: Have free, fresh, and “suitably […]
ARE SHOES REIMBURSABLE BUSINESS EXPENSES?
Woman showing ankle, 1908 A California appellate court recently addressed whether BJ’s Restaurants (BJ’s) improperly failed to reimburse its employees for the purchase of slip-resistant shoes. Server Krista Townley sued on behalf of herself and other similarly-affected hourly co-workers alleging BJ’s Restaurants (BJ’s) required them to wear black, slip-resistant, close-toed shoes for safety reasons without […]
AVOID DISCRIMINATORY JOB RECRUITMENT AND ADVERTISING
Workers, 1901 Advertising and recruiting of desired applicants are the first steps in the hiring process. Such outreach must not discriminate against members of any “protected class,” characteristics shielded by federal and state employment discrimination laws. In California, these include race, religious creed, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, […]