Archive for the ‘Discrimination, Harassment & Retaliation’ Category
THE DEVIL IS IN THE DETAILS: EMPLOYMENT CLASS ACTION SUITS CAN HINGE ON A COURT’S CHOICE OF DEFINITIONS
U.S. Supreme Court Turns to History and Webster’s Dictionary to Defeat a Class Action Against U.S. Steel A minimal underpayment of wages to a single worker can morph into a claim potentially worth millions if magnified across a “class” of many workers subject to the same alleged employment practices. Targeting larger employers, such “class action” […]
PREGNANCY AND DISABILITY
California Employers’ Obligations to Accommodate May Not End After Providing the Required Four Month Leave A recent California Court of Appeal case – Sanchez v. Swissport, Inc. (February 21, 2014), 213 California Appellate Reporter, fourth series (Cal.App.4th) 1331 – confirms that employers must comply with both the Pregnancy Disability Leave Law (PDLL) law and the […]
EMPLOYER WINS BATTLE BUT LOSES WAR
Company Ordered To Pay Worker’s $700,000 Attorney Bill United Parcel Service, Inc. (UPS) essentially “won” an age discrimination case when a California jury awarded an ex-employee only $27,280 in damages. That relative victory was short-lived, erased by the trial judge awarding the worker $700,000 for her attorney fees. The appeals court recently upheld this decision. […]
EEOC’S RECORD YEAR
More Than $372 Million Recovered In Workplace Discrimination Claims Despite staffing cuts, hiring freezes and sequestration woes, the U.S. Equal Employment Opportunity Commission (EEOC) recovered a record $372.1 million for its private sector workplace discrimination charges — $6.7 million more than it recovered the year prior. The EEOC enforces federal anti-discrimination in employment laws. According […]
SENIOR EXECUTIVES MUST RECEIVE HARASSMENT PREVENTION TRAINING
City Settlement of Suit over Former San Diego Mayor Filner’s Conduct is a Case in Point As relayed in our August 30, 2013 blog, San Diego Mayor Bob Filner left office in disgrace last summer on the heels of multiple allegations of sexual harassment. In damning defense, Mr. Filner claimed the City never provided him […]
FAMILY FRIENDLY WORKPLACES
San Francisco Adopts a “Right to Request” Workplace Flexibility Ordinance (for employers with 20 or more on payroll) On January 1, 2014, San Francisco enacted a “right to request” ordinance which gives certain employees working in the City the right to seek flexible work arrangements to address family needs. The City has since amended the […]
A CALIFORNIA EMPLOYER’S GUIDE TO NEW LAWS 2014: MILITARY AND VETERAN STATUS
Protected Against Workplace Discrimination, Harassment Beginning on January 1, 2014, California’s Fair Employment and Housing Act (FEHA) will protect an individual’s “military and veteran status” against employment discrimination and harassment. This new FEHA provision defines military and veteran status as “a member or veteran of the United States Armed Forces, United States Armed Forces Reserve, […]
HOLIDAY PARTIES – HARASSMENT HOTBED
Attempted Hook-Ups Can Lead to Litigation Shake-Downs Our 2010 blog “Office Holiday Survival Guide” provides a roadmap for handling alcohol at holiday office parties. By its off-the-clock and put-work-aside nature, the annual company-wide gathering may also be a prime setting for unwelcome sexual advances by employees, worse yet by managers. Such harassment is not […]
EQUAL OPPORTUNITY REPORT DUE
Applies to Companies with 100 or More Employees All employers with 100 or more employees must profile the gender, race and job category of their workers by September 30th on the EEO-1 Report, addressed to the U.S. Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs (OFCCP). The requirement stems from […]
CALIFORNIA CHANGES SEXUAL HARASSMENT DEFINITION
Prohibited Conduct Need Not Be Fueled By Sexual Desire The California legislature has amended the California Fair Employment and Housing Act (FEHA) to clarify that sexual harassment does not require proof of sexual desire. The amendment overturns Kelley v. Conco Companies (2011) 196 California Appellate 4th series (Cal.App.4th) 191, a same-sex harassment decision covered in […]