Discrimination


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Discrimination

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California's new disability regulations: What employers need to know
June 2013
Toward the end of 2012, the California Fair Employment and Housing Commission released sweeping new disability discrimination regulations under the Fair Employment and Housing Act (FEHA). The regulati . . . more

Discrimination: Employee's discrimination claims fail; Court limits use of 'me too' evidence
June 2013
For an employer facing discrimination charges, there might be nothing worse than a string of the complaining employee's coworkers climbing into the witness stand to talk about how they, too, faced discriminatory or harassing treatment from the accused supervisor. . . . more

FEHA: 9th Circuit tosses claims of terminated employee with disability; Employer's conduct was justified
June 2013
Discrimination, retaliation, harassment--the case brought by a fired retail store manager with a disability claimed it all. But a ruling by the federal 9th Circuit Court of Appeals (which covers California) is a welcome reminder that merely having a disability isn't enough to support discrimination or retaliation claims, and rude behavior doesn't necessarily rise to the level of harassment. . . . more

Age discrimination: Employer's conflicting policies support fired employee's claim; How zero tolerance can backfire
June 2013
Zero tolerance policies understandably hold a strong appeal for employers looking to shield themselves from a range of types of liability. The policies don't provide foolproof protection, though, as evidenced by a recent 9th Circuit Court of Appeals ruling. . . . more

FEHA: Pregnant worker's discrimination claims allowed; 4 months of PDL don't satisfy duty to accommodate
May 2013
Last year's release of new state pregnancy regulations brought renewed attention to employers' obligations toward pregnant workers. Now a California Court of Appeals decision has zeroed in on the interplay between an employer's leave obligations under the state Fair Employment and Housing Act (FEHA) and the state Pregnancy Disability Leave Law (PDLL)--and employers with five or more employees should definitely take note. . . . more

Discrimination: Court tosses manager's termination claim; Deceptive activity in internal investigation isn't 'protected'
May 2013
Internal investigations, while critical to minimizing employer liability, come with their own potential legal landmines. Employers must tread carefully for fear that an investigation may prompt claims--including retaliation--based on an employee's protected participation. . . . more

EEOC releases 2012 discrimination data
April 2013
The Equal Employment Opportunity Commission (EEOC) recently issued figures related to workplace discrimination charges filed with it in fiscal year 2012. It received 99,412 private sector workplace di . . . more

Discrimination: California Supreme Court clarifies mixed motive defense; Ruling is mixed bag for employers
April 2013
The California Supreme Court has issued its long-awaited decision addressing the proper standard for determining employer liability for discrimination in so-called "mixed motive" cases--in which the employer had both unlawful and legitimate reasons for taking an adverse employment action. The unanimous ruling provides significant relief to employers in this situation, but it's not all good news. . . . more

Disabilities: FEHC releases revised regulations; What you need to know
March 2013
Near the end of 2012, the state Fair Employment and Housing Commission released new disability discrimination regulations under the Fair Employment and Housing Act (FEHA). The regs, which were first proposed in 2011 and took effect December 30, 2012, are intended to bring California law more in line with the Americans with Disabilities Act of 1990 (ADA), as amended by the ADA Amendments Act of 2008 (ADAAA). . . . more

Discrimination: Court reverses $1.3 million award in pregnancy case; Award requires more than bad business judgment
March 2013
Running a business is hard enough without worrying about jurors second-guessing your decisions. A California Court of Appeals ruling in a high-profile case provides a useful reminder--to employers and judges alike--that at least when it comes to employment discrimination cases, jurors can't punish you simply for making an error in business judgment. . . . more

FEHC issues amended disability regulations
February 2013
The Fair Employment and Housing Commission's amended disability regulations were approved by the Office of Administrative Law and became effective on December 30, 2012. Among other things, the new reg . . . more

Pregnancy: FEHC issues revised regulations; The impact on leave, benefits, and more
February 2013
The state Fair Employment and Housing Commission has released revised pregnancy regulations that could significantly affect California employers with five or more employees. The regulations, which took effect December 30, 2012, address a range of pregnancy-related issues. We'll tell you about some of the most important provisions. . . . more

Discrimination: EEOC warns employers on treatment of violence, stalking victims; How Title VII, ADA might apply
February 2013
As the October 2012 attack at a Seal Beach hair salon by an employee's ex-husband demonstrates, violence-related problems in employees' personal lives can spill over into their workplaces. But it's not only potential violence that employers must worry about when it comes to employees dealing with turmoil like domestic or dating violence, sexual assault, or stalking. . . . more

FEHA: Fired worker prevails against employer; Discrimination need only be a 'motivating reason' for termination
January 2013
You drive the point home with your managers and supervisors again and again: even when an employee is at will, there must be a legitimate reason for termination in order to avoid discrimination claims. But they also need to know that simply having a legitimate reason to fire an employee isn't enough if a manager also has a discriminatory reason. . . . more

Legislation: Overview of the new state employment laws
December 2012
Governor Brown faced a pile of new bills this fall and signed many of them into law, including several related to employment. We highlight some of the most important employment-related laws below. Unless otherwise noted, the laws take effect January 1, 2013. . . . more

Discrimination: EEOC issues aggressive new Strategic Enforcement Plan; Key takeaways for employers
December 2012
The U.S. Equal Employment Opportunity Commission (EEOC) has released a new Strategic Enforcement Plan (SEP) that establishes its priorities through 2016. The plan identifies certain categories of discrimination charges that will receive priority treatment from the agency as well as some emerging issues. Read on to learn what's on the EEOC's radar. . . . more

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