"Fair Employment and Housing Act"

Just prior to the October 13, 2019 deadline to sign/veto bills from this year’s Legislative Session, Governor Gavin Newson signed several labor and employment law bills into law that will bring about significant changes for California public employers beginning next year.  Below are summaries on three of these new bills that will go into effect

This post was authored by Melanie L. Chaney.

Under Title VII and the Fair Employment and Housing Act (“FEHA”), the employer has an affirmative obligation to take all reasonable steps necessary to prevent harassment, discrimination, or retaliation.  In order to comply with this obligation, employers must investigate all complaints of harassment, discrimination, or retaliation. 

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 religious diversity.  Many religious believers adhere to, and find deep meaning in, religious observances including

Pregnant.jpgThe U.S. Supreme Court is considering whether to hear the appeal of Peggy Young.  She wants the Court to decide whether, and in what circumstances, the federal Pregnancy Discrimination Act of 1978 (“PDA”) requires an employer to provide work accommodations to pregnant employees.  If the Supreme Court decides to take this case, it might possibly

Employee Computer.JPGShakespeare asked, “What’s in a name?”  You may answer “independent contractor,” but someone else would say, “employee.”  Does it matter?  You better believe it.  There are numerous laws that may very well cause employers to pay a lot more than they bargained for when hiring people and treating them as independent contractors.  A recent court

DNA2.jpgIn 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. 

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This guest post was authored by Judith S. Islas

The Court of Appeal’s decision in Sanchez v. Swissport, Inc., is a case of widespread importance, impacting the rights of employees disabled by pregnancy and pregnancy related-conditions.  In this case, the Court considered the plight of Anna Sanchez.  After becoming pregnant, she was diagnosed

Capitol.jpgThe way complaints for violation of the Fair Employment and Housing Act (“FEHA”) are processed and enforced by the Department of Fair Employment and Housing (“DFEH”) is about to undergo a significant transformation.  Motivated by a desire to close a nearly $16 billion budget deficit by reducing duplication and maximizing efficiency within State government, Governor