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Employer Resource Institute
Home | Discrimination

Discrimination

Subtopics:

Overview
Protected Groups
Sex Discrimination

Complete Topic List


Online Exclusive: Checklist for Sexual Harassment Investigations
September 2010
California law makes an employer liable for sexual harassment by a supervisor regardless of whether the employer authorized, prohibited, or even knew of the harassment. You might be able to reduce or . . . more
Bulletin: ADA's duty to accommodate extends to "commute-related limitations."
September 2010
The Ninth Circuit Court of Appeals, which covers California, has held that an employer has a duty under the Americans with . . . more
Bulletin: Court clarifies "employee vs. independent contractor" test for Title VII claims
September 2010
The distinction between employees and independent contractors doesn't just matter for wage and hour or tax purposes--it can also play a critical role i . . . more
Bulletin: Checklist for Sexual Harassment Investigations
September 2010
California law makes an employer liable for sexual harassment by a supervisor regardless of whether the employer authorized, prohibited, or even knew of the . . . more
Sexual Harassment: Starbucks Settles Sexual Harassment Case with Teen Employee; Failure to Investigate Relationships Can Prove Costly
September 2010
In a report on the ABC News show "20/20" earlier this year, a U.S. Equal Employment Opportunity Commission official warned that an "alarmingly high" number of high school students are reporting sexual advances from their adult supervisors at fast food restaurants across the country. . . . more
Sex Discrimination: Male Guards Sue Women's Prison for Discrimination; When You Can (and Can't) Rely on The 'Bona Fide Occupational Qualification' Defense
September 2010
Although it's unlawful under both federal and state law for an employer to discriminate against an employee or applicant on the basis of his or her sex, employers sometimes can avoid liability by establishing that the discriminatory practice is a "bona fide occupational qualification" (BFOQ). . . . more
Age Discrimination: Employer Prevails by Showing It Hired the Better Qualified Applicant
September 2010
Sometimes there's not much you can do to stop a rejected applicant with sour grapes from suing you for age discrimination. But, as a recent California Court of Appeals case demonstrates, you can probably get yourself off the hook if you have a legitimate reason--like a rival applicant's superior qualifications--for your alleged discrimination. . . . more
Discrimination: U.S. Supreme Court Finds Disparate Impact Claims Were Timely; Decision Could Generate More Lawsuits Against Employers
August 2010
Title VII of the Civil Rights Act of 1964 provides employers some protection by requiring employees bringing certain kinds of discriminations claims to file charges within a specific time limit. However, a recent U.S. Supreme Court ruling could extend the period of time that employers are vulnerable to disparate impact claims. . . . more
Featured Resource: Sample Lactation Accommodation Policy
August 2010
In 2002, California became one of the first states to mandate lactation breaks for breastfeeding employees. Under Section 1030 of the state Labor Code, all employers must provide a reasonable amount of time to employees who wish to express breast milk for their infant children. . . . more
Bulletin: California Supreme Court to review mixed-motive bias case
July 2010
The April issue of CEA covered the California Court of Appeals' decision in Harris v. City of Santa Monica. The court ruled that if there is both a legally permissible reason and an . . . more
Discrimination: Proselytizing in the Workplace Leads to Religious Discrimination Lawsuit; Tips to Prevent Bias Claims
July 2010
Questions about religion in the workplace have increased as the number of religiously diverse applicants and employees has climbed. Complaints related to religion can put employers on a tightrope, especially when the complaints involve proselytizing in the workplace. . . . more
Featured Resource: Best Practices for Avoiding Religious Discrimination Claims
July 2010
Adopting the following measures can help you prevent and defend against religious discrimination and harassment claims brought under Title VII of the federal Civil Rights Act of 1964 and the California Fair Employment Practices and Housing Act: . . . more
Bulletin: U.S. Supreme Court to review employer's liability in federal discrimination case
June 2010
The U.S. Supreme Court has agreed to hear arguments in Staub v. Proctor Hospital to determine whether an employer can be held liable for discrimination when biased officials caused or influenced . . . more
Discrimination: Study Finds Unintentional Discrimination Is on the Rise; How to Prevent Mistakes from Becoming Bias Claims
June 2010
A new study sheds light on the evolving nature of discrimination claims in California--and on some steps you should take to avoid being sued. The UCLA Law/RAND Center for Law and Public Policy study was designed to determine how well California's laws against employment discrimination are working, with an emphasis on the state Fair Employment and Housing Act (FEHA). . . . more
Discrimination: Court Clarifies Standards for Mixed-Motive Bias Cases
April 2010
It is not unusual for an employee fired for poor performance or misconduct to bring a bias claim against his or her former employer. . . . more
News Note: DFEH to Hold Public Hearings on Handling of Discrimination Complaints
April 2010
The California Department of Fair Employment and Housing (DFEH) will hold public hearings in Los Angeles on April 6 and in San Francisco on May 26 regarding proposed regulations for . . . more
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