Archive for the ‘Discrimination, Harassment & Retaliation’ Category
WORKPLACE LAYOFFS
Employer Precautions There is very little more precious to an individual than his or her employment. For management and personnel directors facing poor economic times, there is probably very little more difficult than ending a productive worker’s relationship when the company simply can no longer afford to carry that position. Handling that final meeting with […]
A CALIFORNIA EMPLOYER’S GUIDE TO NEW LAWS 2012: GENETICS INFORMATION DISCRIMINATION
Revisions to California’s Fair Employment and Housing Act On January 1, 2012, the California Fair Employment and Housing Act (FEHA) will prohibit businesses from discriminating against applicants and employees based on genetic information. The new law will impose California standards tougher than the federal 2008Genetic Information Non-Discrimination Act (GINA). Both the federal and California law are aimed at curbing discrimination of qualified and performing employees due to […]
A CALIFORNIA EMPLOYER’S GUIDE TO NEW LAWS 2012: GENDER IDENTITY AND EXPRESSION PROTECTION
Gender discrimination has been outlawed in the United States since the Civil Rights Act of 1964. See, “Gender Equality and Discrimination in the Workplace.” On January 1, 2012, California’s Fair Employment and Housing Act (FEHA) will expand the concept of gender to bar discrimination for “gender identity” and “gender expression.” Under this new FEHA provision, […]
A CALIFORNIA EMPLOYER’S GUIDE TO NEW LAWS
Personal Liability and Mandatory On-Line Flogging for Misclassifying Employees as Independent Contractors We recently warned of the economic risks for an employer who chooses to cut corners by classifying a regular worker as an independent contractor. A wide range of California and federal agencies have the power to impose back taxes, interest and penalties upon […]
GENDER EQUALITY AND DISCRIMINATION IN THE WORKPLACE
Employment sex or gender discrimination arises from treating male and female employees with comparable skills and in comparable jobs differently. Personnel decisions must be made on the basis of skills and other job-related qualifications. Unless a person’s sex is a job requirement (e.g., locker room attendants in a sports club), choosing to hire, discipline, fire, […]
ENGLISH-ONLY AND FLUENCY REQUIREMENTS FOR THE WORKPLACE
Breaking the Language Barrier A company catering to English-speaking clientele may implement appropriate English-only rules and language fluency requirements in the name of customer service. However, such employers must ensure that such policies are fairly and only applied for business-based reasons. For example, declining to hire an individual who speaks English proficiently with an unfamiliar […]
WHEN IT’S TIME TO CONTACT AN EMPLOYMENT LAWYER
Knowing When to Call for Reinforcements There’s a saying that no-one likes lawyers … until you need one. While experienced and knowledgeable managers are usually capable of handling basic employment issues, there are pitfalls in the more complex or high stakes situations for which consultation with an employment and labor lawyer is probably a good […]
DON’T BE HAUNTED BY YOUR OFFICE HALLOWEEN PARTY
Halloween looms. An office party for the occasion may be a great way to boost employee morale. However, as with holiday parties, a killer get-together can have frightening results if not planned properly. Here are some guidelines to ensure your Halloween party doesn’t come back to haunt you: Suggest “work-appropriate” costumes: Surely more than a […]
EXPANDED PREGNANCY HEALTH BENEFITS LAW FOR MOST CALIFORNIA EMPLOYEES
California Governor Jerry Brown recently signed Senate Bill 299 into law extending health insurance coverage benefits for employees out on pregnancy disability leave, effective January 1, 2012. As covered in “Pregnancy Disability Leave,” California employers with five or more persons on payroll (whether full- or part-time) must provide any female employee up to four months […]
EMPLOYEE RIGHTS TO ORGANIZE A UNION
New NLRB Poster Will Now Be Required for Many Employers on January 31, 2012 The federal National Labor Relations Board (NLRB) guarantees the right of employees to organize unions to “bargain collectively” with their employees. With a few exceptions, employers will soon have to conspicuously display the agency’s “Employee Rights under the National Labor Relations […]