Posts Tagged ‘workplace discrimination’
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 […]
NEW CA LABOR LAWS 2013 RELIGIOUS DRESS AND GROOMING AND EMPLOYERS’ INCREASED DUTIES TO ACCOMODATE
Effective January 1, 2013, California’s Fair Employment and Housing Act (FEHA) expands the definition of potentially protected religious beliefs and practices to include “religious dress and grooming practices.” Employers also must now meet a much more stringent standard to deny accommodation of religious practices as an undue hardship to the business. Religious Dress and Grooming: […]
AGE DISCRIMINATION IN EMPLOYMENT
EEOC Supplies New Rules that May Limit Claims A business subject to the federal Age Discrimination in Employment Act (ADEA) (those with 20 or more persons on payroll) must ensure it terminates, disciplines or denies benefits to any “older” employee (40 years or more) on “reasonable factors other than age ” (RFOA). Workplace discrimination claims […]
USING CRIMINAL RECORDS IN JOB SCREENING
Recent Federal Guidelines on Preventing Discrimination It is nearly a given that employers will ask for an applicant’s criminal conviction record in the hiring process. However, past guilt for a crime is not always a legitimate factor in the employment decision. For example, a conviction for a decades-old traffic offense might well be irrelevant on […]
CONSTRUCTIVE DISCHARGE AND WRONGFUL TERMINATION
Employers Should Curb Workplace Verbal Battles An employer is not only liable for actually terminating a worker on the basis of race, gender, national origin and other protected classifications. A worker may also have a claim if the employer “unlawfully constructively discharged” that person (also known as “unlawful (or wrongful or illegal) constructive termination” or […]
RELIGIOUS INSTITUTIONS AND EMPLOYMENT DISCRIMINATION
U.S. Supreme Court Rules Ministers May Not Sue The U.S. Supreme Court has issued its first decision on the “ministerial exception” to workplace discrimination laws, Hosanna-Tabor Evangelical Lutheran Church & School v. Equal Employment Opportunity Commission (January 11, 2012). In a unanimous ruling, the Court found that while certain laws authorize workers to sue their […]
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, […]
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, […]
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 […]
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 […]