UNLAWFUL RETALIATION DEFINED
Federal Government Publishes Final Enforcement Guidance on Retaliation Claims Mary, an African-American employee, complained to her co-workers that her pay was lower than that of Caucasian employees doing similar work. Upon overhearing these conversations, Mary’s supervisor reprimanded her for “distracting” her co-workers with discussions about perceived pay discrimination. The supervisor may be surprised to learn […]
THE STATE OF WORKPLACE HARASSMENT AND RETALIATION CLAIMS
California’s 2016 Report: Sex-Based Claims Continue to Top the List The California Department of Fair Employment & Housing (DFEH) has published its 2016 annual report on unlawful workplace discrimination, harassment and retaliation charges. Employees filed 17,041 complaints with DFEH last year, down a few hundred from the 2015 total. Many contained multiple accusations. Sex-based, retaliation, and disability […]
CALIFORNIA 2015 ANNUAL REPORT HIGHLIGHTS WORKPLACE RETALIATION AND SEX DISCRIMINATION TRENDS
The California Department of Fair Employment & Housing (DFEH) has published its annual statistical report on unlawful workplace discrimination, harassment and retaliation charges filed in 2015. Individuals filed 17,915 complaints with DFEH last year, up a few hundred from the 2014 total. Many contained multiple accusations. Retaliation, disability and sex-based grievances top the 2015 list, […]
DISCRIMINATION AND RETALIATION CLAIMS
An Employer’s Lesson In Thorough Documentation In Los Angeles County, it is not uncommon to see 100 lawsuits filed weekly against employers for alleged unlawful discrimination or retaliation, often both in the same complaint. One could say that unless a business knows and applies the important basics in preventing such expensive and time-consuming claims, it […]
CAUTIONARY TALE EPISODE 46
PAY BACK ON RETRIBUTION
For the relative ease in proving wrongdoing, unlawful retaliation against an employee for having complained of improper workplace conduct or conditions continues as the “go-to” accusation of choice against employers.
LIVE AND LET LIVE
Preventing Political Backlash In the Workplace California employers must not discriminate or retaliate against workers based on political activities, affiliations or speech. California Labor Code section 1101 bans employers from making, adopting or enforcing any rule, regulation or policy that: (i) forbids or prevents employees from engaging or participating in politics, including running for public office; or (ii) […]
CAUTIONARY TALES EPISODE 28
EEOC Settles Female Miner Discrimination and Retaliation Case For $690,000 The U.S. Equal Employment Opportunity Commission (EEOC) has announced the $690,000 resolution of its gender-based lawsuit against Alaska gold mining outfit Northern Star LLC, formerly Sumitomo Metal Mining Pogo (Pogo). The government alleged Pogo discriminated against female underground miner Hanna Hurst by refusing to promote her despite promoting male […]
PREPARE FOR SUMMER
Effectively Manage Paid Vacations No California employer is obligated to provide paid vacation time to its workers. However, such benefit is a common practice, promoting morale and productivity. Once a company grants paid vacation (for example, one week annually), it is considered an accruing benefit, i.e., an employee earns it gradually throughout the working year. […]
RELIGIOUS OBJECTION TO MANDATORY FINGERPRINTING
Employer Must Properly Address Faith-Based Protest Employers must correctly field and handle an employee’s religiously-based objection to a workplace requirement, even when the employer’s requirement is mandated by law. For example, in Kaite v. Altoona Student Transportation, Inc., plaintiff worked as a Pennsylvania school bus driver for employer Altoona Student Transportation (AST). AST began implementing […]
CUPID’S ARROWS ARE FLYING
How to Regulate Workplace Romances With sexual harassment allegations surfacing daily in the media, it’s not surprising that coworkers may be more hesitant to date each other. In the 2018 CareerBuilder’s Annual Valentine’s Day survey, only 36% percent of workers reported having dated a coworker, a 10-year low. Regardless, office romances remain a fact of […]