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.
Holidays and the Workplace: Be Merry or Bah Humbug
Back by popular demand! We are reposting this blog post in time for the holidays.
The holidays are a festive time to be shared with family, friends and even co-workers. Many employers also join in the celebrations by allowing employees to put up decorations and exchange gifts. Employers also like to host holiday parties filled
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.
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