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 […]
Published on April 10, 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 […]
Published on April 8, 2013
The California Court of Appeal‘s decision in Sanchez v. Swissport, Inc., is of great importance, effecting the rights of employees with pregnancy-related disabilities. As a result of the decision, employers may be required to provide an employee with additional leave to that required under California’s Pregnancy Disability Leave Law (PDLL) and the California Family Rights […]
Published on April 3, 2013
Is disability discrimination a problem at our nation’s airports? If one were to ask Michelle Gilstrap, she would no doubt answer with a resounding yes. Her experience with airlines – specifically United Airlines – left much to be desired in the area of customer service. Circumstances: Ms. Gilstrap has a broad range of medical problems, […]
Published on March 27, 2013
In March of this year, in the matter of Melissa Ignat v. Yum! Brands, Inc., the California Court of Appeal recognized that in addition to other forms that are required for proving a breach of privacy occurred, privacy can also be breached verbally. The court held that “disclosure in writing is not required to maintain […]
Published on March 25, 2013
As a retired couple from Chico, Tom and Donna Crook love taking vacations to San Francisco. So four years ago, they thought it appropriate to buy a timeshare from Wyndham Vacation Ownership for a room at the company’s Canterbury Hotel. “If you buy a timeshare, take time to read through all the documents and see […]
Published on March 1, 2013
Sexual harassment can now be classified as a hate crime. According to a recent ruling in the matter of Ventura v. ABM Industries Incorporated, the California Court of Appeal upheld upheld a lower court’s verdict, concluding that “hate is not an element” in determining whether the section of the Ralph Act (Civil Code § 51.7) […]
Published on February 20, 2013
In a highly anticipated decision last week, the California Supreme Court handed down its ruling in Harris v. City of Santa Monica. Terminated a mere eight days after informing her employer that she was pregnant, Ms. Harris sued the City of Santa Monica for pregnancy discrimination under the Fair Employment and Housing Act (FEHA). In […]
Published on February 12, 2013
Whistleblowers tend to get a bad rap in this country and around the world. From the employers exposed by their refusal to stand idly by to a media culture that tends to view them as traitors or worse, whistleblowers face an uphill battle as soon as they resolve to break the silence. Instead of being […]
Published on February 1, 2013
It’s officially 2013. And as the resolution-making (and breaking) season comes into full swing across the country and around the world, the State of California is ringing in the New Year with its own tradition – new legal protections for employees. Officially taking effect on this, the first day of 2013, these new laws offer […]
Published on January 1, 2013
For those who were unsure whether federal employment law extends to domestic violence victims, a new Q&A fact sheet from the Equal Employment Opportunity Commission (EEOC) may provide some clarity. Released in October, the brief publication explains that both Title VII and the Americans with Disabilities Act (ADA) “may apply to employment situations involving applicants […]
Published on December 10, 2012
You know what they say: All good things take time. After 13 years of groups lobbying on behalf of vulnerable workers who might blow the whistle on their federal employers, President Obama signed a bill into law meant to alleviate that longstanding concern. In addition to creating newer, wider protections for federal employees, the Whistleblower […]
Published on November 28, 2012