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Over the last several months, mandatory vaccination requirements took center stage in the public response to COVID-19, but with the play getting underway and vaccination requirements becoming operative, it is the request for religious accommodation (i.e., exemption from vaccination requirements) that may be stealing the show.

Title VII and FEHA Set the Stage…

When working with employees with disabilities, employers need to keep track of various laws that govern whether the employee may be entitled to leaves, accommodation, or even a disability retirement.  What makes matters more complicated is that the definition of disability is not the same under each law.  So, while a medical condition may meet…

This article was originally published in February 2014.  The information has been reviewed and is up-to-date as of August 2021. 

Under the federal Americans with Disabilities Act (ADA) and California Fair Employment and Housing Act (FEHA), the employer has the duty to identify and implement a reasonable accommodation to allow a disabled employee to perform…

This article was reviewed in July 2021 and is up-to-date.

As the summer season winds down, so do public agency departments that hire seasonal workers to staff summer camps, pools, extended park and recreation hours, and a myriad of season-specific facilities and activities. But, just how do seasonal workers impact the agency’s health and retirement…

This article was reviewed in July 2021 and is up-to-date.

Often times, an employee may know that discipline or a poor performance evaluation is imminent. Occasionally, such an employee will engage in a preemptive strike—“You can’t discipline me or give me a poor performance evaluation now since I have submitted a complaint.” While this may…

On June 15, 2021, the State of California took a step towards returning to some normalcy when it officially reopened for business after over a year of restrictions and closures due to the COVID-19 pandemic. In doing so, the state announced it would be easing, for vaccinated individuals, some of the restrictions set in place…

This article was reviewed in June 2021 and is up-to-date.

Prevention of liability starts with auditing your agency’s personnel rules.  Indeed, in an employment-related lawsuit, the applicable personnel rule is often “Exhibit A.”  Each year, public agencies face changes to employment laws and regulations, best management practices, and internal changes to procedures.  Thus, the outcome…