Archive for the ‘Termination, Discipline’ Category
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 […]
MINOR LEAGUE PLAYERS CHALLENGE BASEBALL’S LABOR PRACTICES
Underpayment of Minimum Wage and Overtime Is Foul Play Thirty-three former minor league ball players seek to pull back the curtain on alleged system-wide violations of minimum wage or overtime. Their federal class action suit challenges Commissioner Bud Selig, the Office of the Commissioner, and, in effect, every baseball team in the country to remedy […]
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. […]
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 […]
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 […]
EMPLOYMENT LIABILITY FOR WORKPLACE HARASSMENT
U.S. Supreme Court Decision Slims Down Super-Sized Supervisor Definition Under federal and California law, employer liability for workplace harassment can depend entirely on the legal definition of a “supervisor.” The U.S. Supreme Court has recently clarified that definition under Title VII of the Civil Rights Act of 1964 in Vance v. Ball State University (June […]
EMBARRASSING, DISRUPTIVE AND EXPENSIVE TO RESOLVE
Harassment in the Workplace is Illegal Prevention is The Only Viable Solution Current regulations tighten trainer qualifications and impose heightened interactivity requirements, including questions that assess learning, skill-building activities and numerous hypothetical scenarios about harassment with follow-up discussion questions. We are offering an updated in-house, two-plus hour seminar, at your location, that will fulfill these […]