Gay Civil Rights Momentum in 2013 Historic Year for LGBT Rights with More Efforts Needed
October 14, 2013
I had the honor of co-authoring this article with employment attorney Kelly Armstrong of The Armstrong Law Firm. The article was originally published by the American Association of Justice in the fall 2013 edition of its Connections Count newsletter (PDF). Following the Supreme Court’s rulings on the Defense of Marriage Act (1 U.S.C. § 7 […]
Read MoreSexual Harassment in the Workplace: The Evolution of the FEHA
May 15, 2013
For many years, the wider community have agreed everyone is entitled to a workplace that is free from sexual harassment. To make this community value law, the California government established the Fair Employment and Housing Act (FEHA). However, not every issue can be dealt with at once, so there have been amendments to the FEHA […]
Read MoreCA Court of Appeal: Employers Must Pay Piece-Rate Employees Separate Hourly Wage For Non-Piece-Rate Work
May 14, 2013
In Gonzalez v. Downtown LA Motors, LP., the California Court of Appeal held that to comply with minimum wage requirements in California, piece-rate employees must be paid a separate minimum wage for non-piece-rate work. FACTS OF THE CASE The plaintiffs were employed as automotive service technicians for Downtown LA Motors, LP (DTLA). The technicians were […]
Read MoreMartinez v. Rite Aid Corporation: Why Court Is No Place For Revenge
May 03, 2013
When an employer does the wrong thing by you, it’s only natural to feel resentment toward the employer. This is especially true in the case of being bullied, discriminated against or wrongfully terminated. The solution to these issues is to file a complaint with a court, ordinarily with the help of a civil rights attorney. […]
Read MoreCA Court of Appeal Rules for the Exclusion of “Me Too” Evidence
May 01, 2013
The case of Hatai v. Department of Transportation et. al highlights that employees in discrimination trials should be aware that California courts are prepared to reject an employee’s attempt to use “me too” evidence. The “me too” doctrine allows an employee to present evidence of discrimination not only against themselves but also against other employees […]
Read MoreAmerica’s Expanding Waistline: Should Overweight Passengers Be Forced To Buy Two Seats?
April 30, 2013
With America’s belt line expanding, airlines are finding that they have to begin going into that grey area that surrounds those who are considered ‘customers of size’. While most airlines have policies in place regarding the treatment and protocol of those with a larger waistline, only recently have these policies become more prominent with the […]
Read MoreADA Adds Newly Recognized Disabilities and Service Animals in the Workplace
April 24, 2013
On the December 30, 2012, the Americans with Disabilities Act 1990 was amended, and the Fair Employment and Housing Council [1] altered the California Code of Regulations[2] to reflect those changes accordingly.[3] More specifically, the new regulations have expanded on the existing laws and now provide more detailed definitions of recognized disabilities. Mental Disabilities now […]
Read MoreUnderstanding Age Discrimination: Kathryn Sheppard v. David Evans & Associates Sheds Some Light
April 24, 2013
The plaintiff of this case is a forty year old female who was wrongfully terminated after she returned from medical leave. Kathryn Sheppard v. Daniel Evans and Assoc. establishes the requirements for a statement of claim of age discrimination. This case overturned previous decisions of the district court, which had ruled that a statement of […]
Read MoreReasonable Accommodations: When Are They Reasonable?
April 10, 2013
Some people may be unsure about how the courts determine the following: Whether an employer is being fair in making a reasonable accommodation, and What the difference is between being unemployed and dismissed. To help address these questions we will refer to the recent appellant court decision in the case of Mooney vs. County of […]
Read MoreHow To Know If You’re Experiencing Sexual Harassment At Work
April 08, 2013
Sexual harassment in or relating to the workplace is prohibited by law. Fair Employment and Housing Commission regulations define sexual harassment as follows: unwanted sexual advances, visual, verbal or physical conduct of a sexual nature. There are two main categories of sexual harassment: “Quid pro quo” harassment occurs when one’s employment is contingent upon that […]
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