This post was authored by Stefanie K. Vaudreuil.
It’s time to check your policies. New DFEH regulations (California Code of Regulations, title 2, sections 11027.1 and 11028) went into effect on July 1, 2018 that provide definitions on “national …
Category Archives: Discrimination
Subscribe to Discrimination RSS FeedEmployers May Soon Be Required to Accommodate Employee Use of Medical Marijuana
Posted in Discrimination, Legislation
This post was authored by Megan Lewis.
Since recreational marijuana was legalized in 2016, many have assumed that employment protections for marijuana users would likely expand, either via legislation or though litigation.
We are already seeing small steps in …
A #MeToo Legislative Reckoning is Coming to California in 2018
Posted in Discrimination, Harassment
This post was authored by Stefanie K. Vaudreuil.
There are a number of bills pending in the California Legislature this year that employers should be watching closely.
SB 1038 California Fair Employment and Housing Act: personal liability
Under existing …
Agency Policy Bars Lawsuit: Employee Must First Exhaust Internal Agency Process
Posted in Discrimination, Employment
This post was authored by Erin Kunze.
In 2009, Santa Barbara County, like many public agencies in California, faced a budget shortfall for the 2009-2010 fiscal year. In response, the County determined the need to lay off 35 employees, …
The Annual Look at the Weird, Wacky and Just Plain Strange Employment Lawsuits
Posted in Discrimination, Employment, Personnel Issues, Workplace Policies
It is that time again. These are actual employment cases. Really, they are.
Mad at your co-workers? Tell a friend, not Facebook
Jayne Brill sued her former employer and the Virginia Employment Commission because she was terminated and denied unemployment …
Don’t Wait for a Scandal: Now is the Time to Update Your Agency’s Harassment Policies and Procedures
Posted in Discrimination, Harassment, Personnel Issues, Retaliation, Workplace Policies
The allegations of sexual harassment and assault levied against Hollywood producer Harvey Weinstein have been front page news for the last week. The board of directors of his company swiftly voted to terminate his employment, but only time will tell …
Supreme Court Petition Submitted Regarding Application of U.S. Civil Rights Act to Sexual Orientation Discrimination
Posted in Appeals, Constitutional Rights, Discrimination, Employment
In April, we reported on the Seventh Circuit Court of Appeals decision in Hively v. Ivy Tech Community College of Indiana, which held that sex-discrimination under Title VII of the Civil Rights Act includes discrimination on the basis of …
An Employee Has Raised a Disability for the First Time During a Skelly. What Now?
Posted in Appeals, Disability, Discrimination, Employment, Personnel Issues
This post was authored by Kristin D. Lindgren
Intro
Employers are well aware that employee disabilities can create mine fields due to the technical nature of disability discrimination laws. Even the most well-intentioned employers can run into trouble. But, what …
DeVos Calls For Revising Title IX Regulations, Announces Public Comment Period
Posted in Discrimination, Education, Legislation, Public Sector
This post was authored by Laura Schulkind and Jenny Denny
On September 7, 2017, United States Secretary of Education Betsy DeVos spoke at George Mason University Antonin Scalia Law School to discuss problems with the current Title IX enforcement system …
Accommodating the Religious Practices of a Diverse Workforce
Posted in Constitutional Rights, Disability, Discrimination, Employment, Ethics, First Amendment, Labor Relations, Legislation, Workplace Policies
Religious diversity, including the protection of religious minorities, is a core American value, as shown by its prominent placement in the First Amendment of the U.S. Constitution, in the establishment and free exercise clauses. California is, unsurprisingly, a leader in …
Lessons Learned From LCW’s “How to Avoid Claims of Disability Discrimination” Seminar
Posted in Disability, Discrimination, Employment, Labor Relations, Lessons Learned, Litigation, Workplace Policies
This post was authored by Matthew Nakano.
On July 11, 2017, Liebert Cassidy Whitmore’s Jennifer Rosner partnered with Department of Fair Employment and Housing (“DFEH”) Assistant Chief Counsel Paula Pearlman to present a seminar on “How to Avoid Claims …
Trend Alert: Closing the Wage Gap
Posted in Discrimination, Employment, Legislation, Wage and Hour, Workplace Policies
In 2015, women earned 80% of what men earned, according to the United States Census Bureau. The disparity is even more prevalent for women of color. But California has taken steps to close the wage gap, including amendments to the …
Application of the U.S. Civil Rights Act to Sexual Orientation Discrimination
Posted in Discrimination
Title VII of the U.S. Civil Rights Act of 1964 (hereafter “Title VII”) has long prohibited discrimination on the basis of sex in the terms, conditions or privileges of employment. One question of ongoing statutory interpretation has not been definitively …
Second Circuit Holds That Sufficiency of Pre-Suit EEOC Investigation Is Not Reviewable
Posted in Discrimination
In a case called EEOC v. Sterling Jewelers, Inc., the Second Circuit Court of Appeals recently held that, as matter of first impression, while federal courts may review whether the EEOC conducted an investigation into a formal …
Repeated and Uninvited Discussions of Voluntary Retirement May Lead to a Jury Trial in Age Discrimination Cases
Posted in Discrimination, Employment
Frequently, in a lawsuit, a defendant will use a procedural device known as a motion for summary judgment to dismiss either the entire lawsuit or certain claims from the case. The motion for summary judgment is an invaluable tool because, …
It’s Summertime! Have You Reviewed Your Dress Code Lately?
Posted in Discrimination, Employment, Workplace Policies
The sun is shining and the weather is hot. This is the time of year when dress code violations creep up as employees dress for the warmer weather and tend to wear clothing that displays more skin and may be …
Understanding and Protecting the Rights of Transgender and Gender Non-Conforming Employees
Posted in Discrimination, Employment
Although the terms “transgender” and “gender identity” have already been protected classifications in the California Fair Employment and Housing Act (FEHA) for a number of years, the State legislature saw a need to provide further clarification to alleviate continued discrimination …
EEOC Issues New Guidance on Pregnancy Discrimination and Accommodation Requirements
Posted in Discrimination, EmploymentThis blog post was authored by Alex Polishuk
On July 14, 2014, the Equal Employment Opportunity Commission (“EEOC”) issued new enforcement guidelines on employer responsibilities with regard to pregnant employees under federal workplace laws. The Enforcement Guidance on Pregnancy Discrimination …
Holidays and the Workplace: Be Merry or Bah Humbug
Posted in Discrimination, Harassment, Workplace Policies
Back by popular demand! We are reposting this blog post in time for the holidays.
The holidays are a festive time to be shared with family, friends and even co-workers. Many employers also join in the celebrations by allowing employees …
Obligations of Public Schools to Students Who Are Deaf or Hearing-Impaired: Compliance with the IDEA Does Not Necessarily Foreclose an ADA Claim
Posted in Disability, Discrimination, Education
This blog entry was authored by Hengameh S. Safaei
In a case of first impression, K.M. v. Tustin Unified School District, the Ninth Circuit held that a public school district’s compliance with its obligations to a deaf or …
Untimely Administrative Complaint Can Save an Agency from Liability if the Continuing Violation Doctrine Does Not Apply
Posted in Discrimination, Employment
Many agencies have had the experience of being served with a complaint of harassment, discrimination and/or retaliation filed by an employee with the California Department of Fair Employment & Housing (“DFEH”). Filing such an administrative complaint is a prerequisite to …
Genetic Information: A Protected Classification for the 21st Century
Posted in Discrimination, Harassment, Hiring, Personnel Issues, Retaliation
In the 1997 science fiction film Gattaca, the main character Vincent lives in a futuristic world where success is based on an individual’s genetic profile instead of experience or education. Because Vincent’s genes are considered inferior, he assumes the …
Supreme Court Published Important Decisions Regarding Title VII in the Nassar and Vance Cases
Posted in Discrimination, Employment
This blog entry was authored by Brian Walter and Michael D. Youril
On Monday, June 24, 2013, the Supreme Court published important decisions in two employment cases. In Vance v. Ball State University, the Supreme Court held that …
New Fair Employment and Housing Commission Regulations Impact Pregnant Employees
Posted in Disability, Discrimination
New Fair Employment and Housing Commission regulations took effect December 30, 2012 and deal with disability discrimination. This blog post will focus on the impact of the new regulations on issues related to pregnancy and the treatment of pregnancy related …