At a time when transgender individuals are gaining visibility around the country, the world of employment law has been expanding to protect employees from discrimination, harassment, and retaliation on the basis of their gender identity. Given that a 2021 study showed that nearly half of LGBTQ+ employees reported discrimination or harassment on the basis of
Harassment
The Sexual Abuse and Accountability Act has Opened the Window for New Lawsuits
On January 1, 2023, Assembly Bill 2777 (AB 2777), also known as the Sexual Abuse and Cover-Up Accountability Act (the “Act”), officially became the law. The Act provides sexual abuse victims an opportunity to seek justice in California. It is important to note that while the Act revives claims against various entities, public entities are…
Court of Appeal Confirms No Employer Liability for Supervisor’s Off-Duty Sexting
In today’s technology-centered workplace, employees and employers have more options than ever before on how to communicate. Calling, video-conferencing, and even texting amongst co-workers has become the norm. And with the recent shift towards remote and hybrid work situations, many of these communications are happening from the comfort of employees’ homes. With the lines between…
Key Considerations For Employers When Developing An Anti-Harassment, Discrimination, And Retaliation Policy
The Fair Employment and Housing Act (the FEHA) provides employees with legal protection from harassment, discrimination and retaliation. The Department of Fair Employment and Housing (DFEH) is the California agency that oversees and enforces the FEHA. As part of its oversight role, DFEH issues guidance to employers to assist in compliance with the FEHA requirements.…
Hiring the Best While Promoting Diversity, Equity, and Inclusion in the Public Sector Workforce
Over the last several years, virtually all levels of government have increasingly recognized the critical link between building a diverse, equitable, and inclusive workplace and effectively meeting the needs of the communities they serve—in particular, historically underserved and marginalized communities.
At the federal level, the Biden Administration has issued several Executive Orders that recognize the…
The Protected Trait – the Dividing Line between Hurtful and Unlawful Conduct
The term “hostile work environment” is used – or rather, misused – so often, that its meaning has become somewhat obscured. In an office full of fans of the local sports team, the sole fan of its archrival may say that being singled out as such creates a “hostile work environment.” Or, in a workplace…
Sexual Harassment Training – Is Your Agency 2021 Ready?
With the new year approaching, now is a good time to audit your agency’s compliance with sexual harassment training requirements. Since 2005, the California Fair Employment and Housing Act (“FEHA”) has required employers to provide supervisory employees with training in preventing sexual harassment (sometimes called “AB 1825 harassment training”). Recently, the State Legislature has greatly…
What’s in a Name? – The Karen Meme Question
If you consume social media, be it Facebook, Instagram, Twitter, or the app of the moment TikTok, you have certainly come across “the Karen meme.” By and large, “the Karen meme” is an image depicting a middle-aged Caucasian woman, almost always sporting a spiky, short blonde haircut. “Karen” argues with and is condescending to service…
Witnesses Move on, and Memories Fade – but an Investigation Report is Forever
Let’s set the scene. It’s February of 2020, and an employee comes to you, a supervisor, to “vent” about being the target of off-color comments and jokes due to the employee’s national origin. The employee does not use the term “harassment.” Moreover, the employee tells you that they are just talking it out, and they…
2020 Vision: Setting our Sights on the Year Ahead
This may be hard to believe, but in three weeks, we will be living in the year 2020. I find this fact particularly surprising, as I often refer to events of the mid-90’s as incidents that occurred “a few years ago.”
Whether we acknowledge it or not, though, time marches on. Annually in California, employers…