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
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
Service Animal Vs. Emotional Support Animal At Work – Is There A Difference Any More?
This post was authored by Jennifer Rosner.
In the employment context, the statutory schemes that require reasonable accommodation for disabilities are the California Fair Employment and Housing Act (FEHA) and the Americans With Disabilities Act (ADA). The ADA defines a “service animal” as any dog (or in some cases, miniature horses) that are trained
Court — and Legislature — Limit Employer Use of “Offer of Compromise” in FEHA Litigation
This post was authored by Jeffrey C. Freedman.
What happens when two totally valid legislative goals—that happen to contradict each other—collide? Like the title of the 2003 film with Diane Keaton and Jack Nicholson, “Something’s Gotta Give!” In Huerta v. Kava Holdings, Inc., decided this past November 14, the collision was between a Code
UPDATED – New Legislation Will Impact Litigation of FEHA Claims, Employer-Employee Agreements, and Necessitate Additional Employer Training
This post was authored by Geoffrey S. Sheldon & Andrew Pramschufer
EDITOR’S NOTE: This article has been revised from its original version that was published on October 1, 2018. The original version noted, among other things, that SB1300 amended the Fair Employment Housing Act (FEHA) to extend personal liability to an employee alleged to