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.
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
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
Permissibility of Requiring that Employees at Public School and Community College Districts Receive the COVID-19 Vaccination
Given the recent news coverage concerning COVID-19 vaccines and the government’s distribution plan for such vaccines, many of our clients have inquired whether it will be permissible to require school and community college district employees be vaccinated for COVID-19. This question is important from a public health perspective, complicated from a legal one, and almost
Permissibility of Requiring that Public Employees Receive a COVID-19 Vaccination
Given the recent news coverage concerning COVID-19 vaccines and the government’s distribution plan for such vaccines, many of our public agency clients have inquired whether it will be permissible to require that agency employees be vaccinated for COVID-19. This question is important from a public health perspective, complicated from a legal one, and almost certain
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
How Telecommuting During the COVID-19 Pandemic Impacts the Disability Interactive Process
As more businesses start to reopen, the COVID-19 pandemic will have long-term effects on the work environment beyond temperature checks and social distancing protocols. One impact is that it may be harder for employers to justify denying a disabled employee’s request for an accommodation to work from home. Whereas employers previously may have been reluctant
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
Pending Legislative Bills Relevant to Public Agencies – Awaiting the Governor’s Signature or Veto
January 1, 2020 may bring a number of significant changes to California law for public employers. Following the end of the Legislative Session on September 13, 2019, a number of proposed laws were passed by the Assembly and Senate and now await final approval by Governor Gavin Newson. He has until October 13, 2019 to