NATIONAL ORIGIN DISCRIMINATION CLARIFIED
New California Regulations Take Effect July 1, 2018 California law prohibits discrimination against employees and applicants for their membership in any protected class, including national origin. The California Fair Employment and Housing Council (FEHC), which enacts regulations to protect employees and job candidates from unlawful discrimination, harassment and retaliation, recently issued greater national origin protections. Effective […]
BETWEEN A ROCK AND A HARD PLACE
When It’s Time to Call Your Lawyer No-one likes lawyers … until you need one. Experienced and knowledgeable business managers are usually capable of handling basic employment issues. Yet, laws governing the workplace tend to change frequently and companies can face formal complaints, liabilities and large attorney bills if significant employee disputes or decisions are […]
SPEAKING OUT AGAINST SEXUAL HARASSMENT
Partner Cindy Bamforth Takes Part in Recent Women in Film L.A. Panel Discussion Sexual harassment has been unequivocally unlawful, in theory, for over three decades. With the rising flood in recent months of high-profile terminations and resignations stemming from such inexcusable violations, 2017 hopefully marks the make-break point where the law will at last widely apply […]
IS YOUR HARASSMENT POLICY CALIFORNIA COMPLIANT?
New Regulations May Require Policy Overhaul The California Fair Employment and Housing Council (FEHC) enacts regulations that protect employees from unlawful discrimination, harassment and retaliation, stressing the employer’s affirmative duty to prevent such workplace misconduct. As previously covered in New California Pregnancy Disability Leave Poster Requirements Take Effect On April 1, 2016, the FEHC amended […]
SMOKIN’ SPUDS GOES DOWN IN FLAMES
Potato Packing Plant Will Pay $450,000 to Settle Sex Harassment Lawsuit Colorado potato packing plant operator Smokin’ Spuds and Farming Technology Inc. recently settled a sexual harassment and retaliation lawsuit brought by the federal Equal Employment Opportunity Commission (EEOC) on behalf of more than a dozen women. According to the EEOC’s lawsuit, the plaintiffs’ supervisor […]
CALIFORNIA LAW PROTECTS UNDOCUMENTED EMPLOYEES FROM WORKPLACE DISCRIMINATION
As we have described in California’s Expanded Immigration-Related Protections and California Extends Protections for Whistleblowing Employees, several California laws protect employees, regardless of undocumented status, from actual or threatened retaliation for demanding workplace rights. These state protections of immigrant workers, some of the strongest nationwide, would seem at odds with the federal law (Title 8, […]
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. […]
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 […]
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 […]
CAT’S PAW BURNS EMPLOYERS
A Workplace Lesson on Confirming Grounds for Termination A hospital lab technician and army reservist sued his employer claiming two of his supervisors openly discriminated against him because of his military status and duties. The federal Uniformed Services Employment and Reemployment Rights Act (USERRA) requires employers to treat military veterans fairly, prohibiting terminations and other […]