Though it is tempting to move on from the pandemic and to try and forget the deadly illness that started it, COVID-19 looks like it is here to stay in one form or another. As updated on February 16, 2024, the California Department of Public Health reported a 7-day weekly average of 1,882 hospital admissions
Disability
What Employers Need to Know about California’s New Reproductive Loss Leave Law
It was Friday July 5, 2013. I was sitting in my doctor’s office. I was desperately hoping I was fine, but had a sinking feeling I was having a miscarriage. The doctor’s office was packed because it was closed the day before. I was anxious, scared, and had a current of emotions coursing through me.
Raines v. U.S. Healthworks Medical Group Rains Down Liability Under FEHA To Business-Entity Agents
On August 21, 2023, the California Supreme Court’s decision in Raines v. U.S. Healthworks Medical Group significantly expanded the scope of potential liability under the Fair Employment and Housing Act (“FEHA”) to an employer’s business-entity agents that have five or more employees.
Case Background and Analysis
Plaintiffs Kristina Raines and Darrick Figg brought a class…
CalPERS Requires Agencies Provide More Information to Support Decisions on Local Safety Members’ Disability Retirements
On March 15, 2023, CalPERS issued Circular Letter 200-014-23, setting forth new requirements that contracting agencies must follow when determining whether local safety members are substantially incapacitated from performance of their usual duties for the purposes of a disability retirement. Specifically, under Circular Letter 200-014-23, agencies are now required to submit additional documentation and…
Employee Use of CBD Products: Surveying the Legal Landscape For Employers After AB 45
Governor Gavin Newsom signed Assembly Bill 45 (“AB 45”) into law on October 6, 2021. AB 45 is landmark legislation for the Cannabidiol (“CBD”) and hemp infused product industry in California. CBD and hemp infused products became widely available across the country following the federal government’s adoption of the Agriculture Improvement Act of 2018. Recreational…
Federal COVID-19 Discrimination Case Provides Essential Reminder for California Employers
Since the COVID-19 pandemic first began, it has had a multitude of evolving impacts on the operation of the workplace. One impact is the increased number of requests employers are receiving from employees for reasonable accommodations. These increases are attributed to various factors, which have evolved as the pandemic has progressed. At the outset of…
A Disability is a Disability is a Disability, Right?
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…
I’m Stressed Out! Can I Bring My Dog to Work?
Employers know they need to accommodate a disabled employee’s request to bring a service dog to work. However, what happens when employees claim they are stressed and need to bring their dog to work for emotional support? Here are the top five questions on emotional support dogs:
1. Do we need to allow an employee…
Smell the Bouquet of Legal Issues
This post was authored by Sarah R. Lustig.
A recent case is a good reminder to employers that scent and chemical sensitivities can indeed be considered a disability subject to the protections of the Americans with Disabilities Act (ADA) and/or the Fair Employment and Housing Act (FEHA). John Barrie (Barrie) suffers from allergic sensitivities…
Public Employers Dealing with Employees with Disabilities Can Feel Like Being Stuck on the California Freeways
Fans of the late night television show Saturday Night Live probably have seen the recurring sketch called, “The Californians.” “The Californians” is a soap opera, and the characters portray Californian stereotypes, such as poking fun at the way Californians speak and drive and their obsession over traffic. One of the recurring jokes is that Californians…