Archive for the ‘Discrimination, Harassment & Retaliation’ Category
IMMIGRATION LAW REQUIREMENTS FOR EMPLOYERS
Federal law requires every employer hiring any individual in the United States to verify the prospect’s identity and employment authorization through completion of Form I-9, Employment Eligibility Verification. An employer must complete an I-9 form for every person hired, even if there’s just one employee in the business. It is improper for a company to […]
CONSTRUCTIVE DISCHARGE
When Employers May be Liable for “Causing” a Resignation As an employer, you might assume the company is immune from any wrongful termination claim if an employee quits on his or her own accord. However, a worker may still prove a business is responsible for wrongful “constructive discharge” even when he or she has deliberately […]
TATTOOS AND BODY PIERCINGS IN THE WORKPLACE
Employers’ Right-to-Appearance Policies Whether an employee’s visible tattoo or body piercing stems from a claimed sense of aesthetics, rebellion or “it seemed like a good idea at the time,” business has discretion to regulate appearance and thus may usually decline to hire, fail to promote or terminate that person on that basis alone. As long […]
BLOOMBERG GENDER DISCRIMINATION CLAIMS DISMISSED
Court Rules Childbearing is a Life Choice Not Entitled to Special Treatment or Extra Benefit A New York federal judge has dismissed the Equal Employment Opportunity Commission’s (EEOC) effort to bring a “motherhood”-based class action suit against financial and media services giant Bloomberg L.P.. The judge found the EEOC failed to demonstrate sufficient common factual […]
THE EQUAL PAY ACT
Equal Work = Equal Pay The 1963 federal Equal Pay Act (EPA) requires employers to pay men and women equally for performing the same, or essentially the same, work. While the law is worded neutrally (it is just as unlawful to underpay either gender), Congress enacted the EPA to remedy the long-standing pay discrimination against […]
PRE-EMPLOYMENT BACKGROUND CHECKS
Respecting Privacy While Obtaining Necessary Info Hiring outside vendors to conduct pre-employment background checks into any criminal record, bad credit history and/or other matters is a common tool for an employer’s informed hiring decisions. Federal and California laws cover the procedures for such checks, designed to balance a company’s right to research and obtain relevant […]
AT-WILL EMPLOYMENT AND WRONGFUL TERMINATION
California’s Labor Codes do a lot to protect employees but there are some laws that benefit employers as well. For instance, unless a company and an employee agree otherwise, their relationship is presumed to be “at-will.” As defined, this means there is no promise or obligation of continuing employment. Either the employer or employee may […]
DISABILITY AND LEAVE OF ABSENCE POLICIES
Keeping Up with Changing Employment Laws A recent California Employer Daily article touches on an important employment law subject — the unanticipated pitfalls HR managers and employers face, including from the shifts and refinements in the state and federal leave laws. Key leave laws—the federal Family and Medical Leave Act (FMLA) and the California Family […]
WORKPLACE AGE DISCRIMINATION LAWS PROTECT “OLD PEOPLE” ONLY
How Old is Legally “Old”? While many might recognize that business cannot use “age” as a criterion for employment decisions, including hiring, promotion, discipline or termination, the federal and California protections actually only apply to persons “of a certain age.” Workers under 40, the relatively “young,” do not have such rights. Employees aged 40 or […]
PRE-EMPLOYMENT TESTING
Inquiries are Limited to Job-Related Skills and Qualities While a manager’s “gut instinct” might work when choosing which candidate to hire, it might not. Employing an individual who makes a seemingly great first impression in an interview but who turns out to be a dud or hell-on-wheels once in the stress of the working environment […]