On January 27, 2022, the California Supreme Court unanimously decided that the McDonnell Douglas burden-shifting analysis that is widely used to determine whether an employment discrimination or retaliation case should be dismissed before trial does not apply to whistleblower retaliation claims brought under California Labor Code section 1102.5. As a result, employers will face a
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
Safety First: What Employers Need to Know About Workplace Violence Prevention
On the afternoon of May 31, 2019, a disgruntled public employee fatally shot twelve people and wounded four others in a mass shooting at a municipal building in Virginia Beach, Virginia. Eleven were city employees, and one was a contractor in the building there to obtain a permit. The building housed the city’s public works,
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
California’s LGBTQ+ Protections in Advance of the Supreme Court’s Decisions in Zarda, Bostock, and Harris
On October 8, 2019, the U.S. Supreme Court heard oral arguments in three cases: Altitude Express, Enc. v. Zarda (out of New York), Bostock v. Clayton County, Georgia (out of Georgia), and R.G. and G. R. Harris Funeral Homes v. EEOC (out of Michigan). All three cases involve plaintiffs arguing that Title VII of the
Conducting Effective Workplace Investigations Is Essential To Minimizing The Risk Of Liability On A Failure To Prevent Harassment Claim
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.
Spring Cleaning – Have You Reviewed Your Personnel Rules Lately?
We are settling into 2017 and winter is fading away. As springtime approaches and we clean out our closets and desks, it is also a good time to review your agency’s personnel rules and policies and give them a thorough “spring cleaning.” While reviewing and updating your personnel rules can be time-consuming, it is well
Political Discussions in the Workplace
Even though the 2016 Presidential election is almost four months in the rear view mirror, controversy continues, with the news each day describing what looks like a three ring circus in Washington D.C. Pundits have opined that our country is polarized by politics as never before: cities vs. rural areas; college educated vs. high school
New DFEH Regulations Effective on April 1, 2016, Cover Wide Range of Employment Discrimination and Leave Protections Under FEHA
By Gage C. Dungy and Joshua Goodman
The Department of Fair Employment and Housing (“DFEH”) has released amendments to a number of its regulations that will become effective on April 1, 2016. In general, many of the updates bring the regulations into conformity with recent changes to the law and court decisions interpreting the
It’s the Most Wonderful Time to Minimize Liability
It is that time of the year again… the holiday season. Time to celebrate! Many employers throw festive holiday or year-end parties complete with food, alcohol and entertainment. According to a Society of Human Resource Management Survey on Holiday/Year End Activities, in recent years about two-thirds of organizations have held holiday parties for their employees.