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Home | Discrimination

Discrimination

Subtopics:

Overview
Protected Groups
Sex Discrimination

Complete Topic List

Sexual Harassment: Spotting the Signs of a Potential Hostile Work Environment
March 2010
The term "hostile work environment" is one of the most misunderstood phrases in the employment law lexicon. Both employees and employers are often unsure what constitutes a hostile work environment. Employers in particular have difficulty knowing how to spot the warning signs that a hostile work environment may exist and the steps to take to prevent it. . . . more

Bulletin: Discrimination claims approach record high in 2009
March 2010
The U.S. Equal Employment Opportunity Commission announced recently that 93,277 workplace discrimination charges were filed with . . . more

News Note: EEOC Schedules Federal Employer Conference for July 2010
March 2010
The federal Equal Employment Opportunity Commission (EEOC) announced that its 13th annual Examining Conflicts in Employment Laws (EXCEL) conference will be held in . . . more

News Note: TV Writers Settle with Networks, Studios, and Talent Agencies for $70 Million
March 2010
After nearly 10 years of litigation, 157 writers have reached a preliminary $70 million settlement (subject to court approval) with 17 networks, production studios, and talent agencies. The plaintiffs in the class action lawsuit claimed . . . more

Online Exclusive: Sample California Interactive Process Questionnaire
February 2010
Both state and federal laws require employers to engage in an interactive process with disabled employees who require workplace accommodations to determine the available and most appropriate accommodations. A sample questionnaire--that complies with both California law and the recent amendments to the Americans with Disabilities Act--follows. It should be completed by the employee's treating physician or other healthcare professional to assist both the employer and the employee in the interactive process. . . . more

Sexual Harassment: Court Denies Employee's Harassment Claim; Mutual Banter Doesn't Create a Hostile Work Environment
February 2010
Employees and employers alike are often confused about just what constitutes a hostile work environment. What some may experience as hostile is often perceived as no big deal by others. While the hostile work environment legal analysis remains highly fact-specific and must be assessed on a case-by-case basis, a recent California appeals court decision suggests that, when comments of a possibly sexual nature occur in the context of mutual banter, a hostile work environment might not be found. . . . more

Discrimination: Understanding the New Genetic Information Nondiscrimination Act (GINA)
February 2010
Advances in genetics have opened new pathways in medicine, allowing for earlier detection of illnesses like breast cancer, Alzheimer's disease, and colon cancer, and providing individuals the opportunity to take steps to reduce the likelihood of ever contracting certain disorders. Genetic knowledge also makes it possible to develop treatments that are more effective against certain diseases or have fewer side effects than current therapies. . . . more

Disability: Employee's Reasonable Accommodation Claim Fails; When You Do—and Don't—Need to Engage in the 'Interactive Process'
February 2010
Under the federal Americans with Disabilities Act (ADA) and California law, employers are required to engage in an "interactive process" with disabled employees who need accommodation to determine which accommodations are both feasible for the employer and helpful to the employee. The Ninth Circuit Court of Appeals, which covers California, recently found that employers must engage in the interactive process only with employees who are legally disabled. To avoid potential liability, though, employers should continue to take this important obligation seriously. . . . more

News Note: Independent Contractors of Federal Employers Covered by Disability Bias Law
February 2010
In general, state and federal bias laws apply only to "employees." But the Ninth Circuit Court of Appeals, which covers California, recently ruled that, under the federal Rehabilitation Act, both employees and independent contractors . . . more

News Note: EEOC Files Sexual Harassment Suit Against Jack in the Box Franchisee
February 2010
Kobra Associates, Inc., a Northern and Eastern California franchisee of about 70 Jack in the Box fast-food restaurants, has been sued by the federal Equal Employment Opportunity Commission (EEOC). The complaint alleges that . . . more

News Note: Outback Steakhouse Chain Settles Sex-Bias Suit for $19 Million
February 2010
The EEOC announced that the Outback Steakhouse restaurant chain has agreed to pay $19 million to settle a national class action lawsuit. The women plaintiffs alleged that the company maintained a "glass ceiling" . . . more

Disability: Employers Must Ensure Accommodations Are Provided Consistently; One Employer's Costly Mistake
January 2010
Both California and federal law require employers to accommodate disabled employees, unless doing so would be an unreasonable burden on the employer's business. Reasonable accommodations include modifications to employee duties and work spaces, modified . . . more

Sexual Harassment: Company Fined for Failing to Prevent Bias and Harassment; Five Simple Steps to Limit Your Liability
January 2010
In a small office that has only one manager on site, it can be very difficult to ensure that that person won't violate company policies. However, as one company recently learned the hard way, there are steps you should take to limit the company's liability for a rogue manager's actions. . . . more

News Note: Lawry's Restaurant Chain to Pay $1 Million in Male Sex Bias Suit
January 2010
Pasadena-based Lawry's Restaurants, which operates a nationwide chain of steak houses, will pay more than . . . more

Bulletin: EEOC releases new version of poster
December 2009
The federal Equal Employment Opportunity Commission (EEOC) has revised its "Equal Employment Opportunity is the Law" poster, which employers are required to post . . . more

Disability: Employers Cannot Require Medical Exams for Employees Returning from Disability Leave; What You Can Do
December 2009
Under both the federal Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA), employers cannot require employees returning from disability leave to submit to a medical examination unless such an exam is "job-related and consistent with business necessity."Although you can test employees to ensure that they are capable of performing their essential job functions, it's easy to blur the line between a job functions test and a medical examÑas one unlucky employer recently learned the hard way. . . . more

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