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.
Retaliation Claims – Unique Concerns And How To Be Prepared
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
Don’t Wait for a Scandal: Now is the Time to Update Your Agency’s Harassment Policies and Procedures
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 what impact Mr. Weinstein’s transgressions (and alleged criminal activity) will have on his former company.
Retaliation Claims- Unique Concerns And How To Be Prepared
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 not necessarily be the norm, it is also not unheard
U.S. Supreme Court Issues New Public Employee Free Speech Decision – Compelled Employee Testimony Can Be Protected
On Thursday, June 19, 2014, the U.S. Supreme Court in Lane v. Franks held that the First Amendment protects a public employee who provides truthful sworn testimony, compelled by subpoena, outside the scope of his or her ordinary job responsibilities. In so holding, the Court overturned precedent from the U.S. Court of Appeals for the
Looking Back: Highlights of Changes to Employment Laws That Affect Employer Policies
This blog post was authored by Steven Tang
As we enter the last quarter of this fiscal year, many employers begin to look ahead to new budgets, new agreements with employee organizations, and new opportunities for agency success. While looking ahead to consider and weigh priorities and objectives, employers may also want to look back
Labor Code Section 1102.5: Its “Whistle” Just Got Bigger And Louder
When Labor Code section 1102.5, generally referred to as the “whistleblower” statute, was enacted in 1984, the Legislature intended to encourage employees to report violations of state and federal laws by their employers without fear of retaliation. The statute endured for nearly 20 years before it was first amended in 2003. It has now been
Employers – Update Your Policies to Reflect ACA’s Anti-Retaliation Provisions
This blog post was authored by Jessica R. Frier
Employers should update their whistleblowing, anti-harassment and anti-retaliation policies to reference new protections provided to employees by the Affordable Care Act (“ACA”).
What is Prohibited? ACA’s anti-retaliation provisions prohibit an employer from retaliating against an employee who:
- Receives a health insurance tax credit or subsidy
Genetic Information: A Protected Classification for the 21st Century
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 identity of a genetically superior man in order to avoid discrimination based on his genetics.
The Ninth Circuit Addresses What Constitutes an Adverse Employment Action
Determining what constitutes an “adverse employment action” is critical when an employee sues for retaliation and/or discrimination. In order to be able to sustain a claim for either retaliation or discrimination, an employee must sufficiently prove that he/she suffered an adverse employment action. This issue was recently addressed by the U.S. Ninth Circuit Court of