Shakespeare 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
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.
Court of Appeal Rules: Absent Undue Hardship, Employers Must Accommodate Pregnancy Disabled Employees By Providing Additional Leave beyond the Four Months of Pregnancy Disability Leave
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
Big Changes Are Coming to the Department of Fair Employment and Housing
The 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
Who Really Is A Supervisor Under Title VII?
This guest post was authored by Gurinder Grewal
Employers and employees often struggle to determine who really is a supervisor in a workplace. Is it someone who can hire and fire workers? Or can it be someone who gives out work assignments? The United States Supreme Court granted certiorari on Monday to resolve this issue
Court Finds Unlawful Intent Is Missing From Jury Instructions On Retaliation, But Is It Missing From Instructions On Disability Discrimination, As Well?
The California Court of Appeal recently highlighted a fundamental flaw in the California Civil Jury Instructions (“CACI”) on a cause of action for retaliation in violation of the Fair Employment and Housing Act (“FEHA”). The instruction is missing the element of retaliatory intent or animus. This flaw has not been brought to the forefront previously
New State Laws Establish Gender Identity, Gender Expression, And Genetic Information As Protected Classifications
This guest post was authored by Connie C. Almond
The Governor recently signed into law AB 887 and SB 559, which prohibit harassment and/or discrimination based on gender identity and expression, and genetic information, respectively.
Individuals who are transgender identify themselves with a gender that is different from their “assigned” sex. The term
“Me-Too” Evidence In Harassment Case May Be Used To Impeach Alleged Perpetrator’s Denial
In the case of Pantoja v. Anton, Lorraine Pantoja worked as a receptionist/secretary for a law firm owned by Thomas Anton. Pantoja alleges that Anton would slap her buttocks, touch her buttocks and leg, and once asked for a shoulder massage. He also referred to his employees as “my Mexicans.” Eventually, Anton called Pantoja a
Zero Tolerance Policy Still The Way To Go Despite The Kelley Ruling
A California Court of Appeal recently ruled there has to be evidence of sexual desire where someone is complaining of sexual harassment at work by a member of the same sex. This is contrary to other cases that hold that no sexual desire is necessary. Additionally, consideration of whether the perpetrator had a sexual desire
Employers May Distinguish Between Threats Of Violence As Grounds For Discipline And The Disability Which Causes The Misconduct
For the first time, a California court has held that, under the Fair Employment and Housing Act (FEHA), an employer may distinguish between disability-caused misconduct and the disability itself in the narrow context of threats or violence against coworkers.
In the case of Wills v. Superior Court, Linda Wills was a clerk for the