EEOC finds some background checks discriminatory

2017-12-13T21:46:27+00:00 January 5th, 2017|Discimination|

Federal law prohibits racial discrimination in the workplace. A black employee passed over for a promotion in favor of a less-qualified white person, for example, might be the victim of workplace racial discrimination. But some people of color are discriminated against before they are hired. The Equal Employment Opportunity Commission has gone after companies whose [...]

When Is The Deadline To File A Claim For Wrongful Termination?

2017-12-13T21:46:28+00:00 August 29th, 2016|Discimination, General Labor Law, Wrongful termination|

The phrase “wrongful termination” applies when an employee has been fired or forced to quit or resign for illegal reasons. If you believe that you were wrongfully terminated, you are required to file a claim within a certain amount of time. If you miss the deadline, your claim will be barred and you will not [...]

Ninth Circuit Says Employees Sharing Passwords May Be Criminal

2017-12-13T21:46:29+00:00 August 19th, 2016|General Labor Law, Wrongful termination|

The U.S. Court of Appeals for the Ninth Circuit recently held that using a co-worker’s password to access an employer’s computer databases can be considered a criminal action. The case, United States v. Nosal, has been winding through the court systems for almost a decade, and provides insight into what types of employee actions violate [...]

Quid Pro Quo Harassment: When Your Boss Wants a “Favor”

2017-12-13T21:46:33+00:00 April 11th, 2016|Sexual Harassment|

Sexual harassment comes in many forms. When your employer, boss, or supervisor expects you to go out on a date, have a sexual relationship, or perform some other favor in exchange for a promotion or a raise, it is known as quid pro quo harassment. Quid pro quo is a Latin term that means “this [...]

Why You Should Take the Initiative to Keep Personal and Business Email Separate

2017-12-13T21:46:34+00:00 March 18th, 2016|Discimination, General Labor Law|

The National Labor Relations Board’s position is that employers cannot prohibit employees from using company email after hours for nonbusiness purposes. The reason for this position is that reasonable employees could believe that they would not be allowed to engage in concerted activity, such as union organizing, under such a ban. But even though the [...]

California Antidiscrimination Law 101

2017-12-13T21:46:35+00:00 January 26th, 2016|Discimination|

If you live or work in California, you probably know that California laws generally protect employees more than other states or even federal law. This is certainly true with California's antidiscrimination law, the Fair Employment and Housing Act ("FEHA" or the "Act"). Who Is Covered? The breadth of California's antidiscrimination coverage is first apparent when [...]

EEOC Granted Access to Employee Test Results in Discrimination Case

2017-12-13T21:46:35+00:00 December 27th, 2015|Discimination|

The Equal Employment Opportunity Commission has prevailed in a dispute with an employer over access to employee "pedigree" information. A ruling by the federal appeals court governing California required the employer to provide the information on employees who had taken the same strength test as an employee who had been fired. The pedigree information requested [...]

Constructive Discharge Statute of Limitations

2017-12-13T21:46:36+00:00 December 24th, 2015|Discimination, Uncategorized|

Employees sometimes reach a point of being so dissatisfied at work that they just have to quit. The reasons can be many, but when they quit because of illegal discrimination, a lawsuit may be filed. In these circumstances, the act of resigning may also be known as constructive discharge. Employers are prohibited from discriminating against [...]

Lactation Accommodation in California

2017-12-13T21:46:37+00:00 September 23rd, 2015|Discimination, General Labor Law, Wage and Hour|

Accommodation for mothers to express breast milk while at work is required by federal law as well as California law. The federal Patient Protection and Affordable Care Act, enacted in 2010, requires a covered employer to provide unpaid break times to an employee to express milk for her infant child under one year of age [...]

The Case of the “Devious Defecators”: Genetic Information Breach Leads to Big Verdict

2017-12-13T21:46:37+00:00 August 28th, 2015|Discimination, General Labor Law|

The Genetic Information Nondiscrimination Act is a relatively obscure law that was enacted in 2008 by Congress to prevent use of genetic information in employment practices. It had not been tested to any degree of notoriety until recently when a federal court jury awarded $2.2 million to a pair of employees who had filed suit [...]

What’s Next for Same Sex Rights?

2017-12-13T21:46:39+00:00 August 26th, 2015|Discimination, General Labor Law, Sexual Harassment|

The United States Supreme Court’s historic decision that same-sex couples have a constitutional right to marry has set off a significant wave of reaction in the country, both positive and negative. This could be the most polarizing topic that has divided Americans in many years. In case you are not familiar with the Obergefell case, [...]

California AB-987 Clarifies Religious and Disability Discrimination Prohibitions

2017-12-13T21:46:39+00:00 August 24th, 2015|Discimination, General Labor Law|

In response to a disturbing ruling in a California court of appeal case, the legislature passed, and the Governor signed, an amendment to the California Fair Employment and Housing Act. The amendment clarifies the law by specifically prohibiting discrimination or retaliation against employees or others who request an accommodation due to religion or disability. In [...]

New Protected Class Established in Military Equal Opportunity Program

2017-12-13T21:46:39+00:00 July 29th, 2015|General Labor Law|

United States federal anti-discrimination laws cover outlined “protected classes.” A protected class is a characteristic of a person which cannot be targeted for discrimination. The following characteristics are considered protected classes by federal law: Race Religion Color National origin Age Sex Pregnancy Citizenship Familial status Disability Veteran status These protected classes are created by different federal [...]

Supreme Court Rules on Abercrombie Employment Discrimination Case

2017-12-13T21:46:40+00:00 June 26th, 2015|Discimination|

On June 1, 2015, the United States Supreme Court ruled in the case Equal Employment Opportunity Commission v. Abercrombie & Fitch. The discrimination case examined whether Abercrombie & Fitch Co. improperly denied employment to a woman who wore a head scarf to her interview. The Supreme Court held that the plaintiff has a case against Abercrombie, [...]

Former Hooters Employee Wins Case for Discrimination and Wrongful Termination

2017-12-13T21:46:41+00:00 April 27th, 2015|Discimination, Wrongful termination|

Farryn Johnson, a former Hooters employee, sued the restaurant chain claiming the company would not allow her to work as a Hooters Girl on account of a blonde highlights in her hair. Johnson, and African-American woman, was allegedly told by a Hooters manager that “black people don’t have blonde hair.” Johnson’s case went to arbitration, [...]

Can Employees be Forced into Obamacare?

2017-12-13T21:46:42+00:00 December 26th, 2014|General Labor Law|

Some big, self-insured companies pay employees with significant health issues to opt out of the company medical plan and get coverage on the insurance exchange market. The companies do this to try d save money. However, the U.S. Department of Labor has recently stated that this practice is illegal.   It is possible for an [...]

Civil Rights Act Used to Protect Transgendered Employees

2017-12-13T21:46:43+00:00 October 23rd, 2014|General Labor Law|

The Equal Employment Opportunity Commission (EEOC) has filed two lawsuits against companies accused of discriminating against transgender employees. The EEOC says the companies’ actions are violations of Title Seven of the Civil Rights Act of 1964. This is the first time the federal government has used the Civil Rights Act of 1964, which offers protections against sexual discrimination, [...]

Popeyes Chicken Settles HIV Discrimination Claim

2017-12-13T21:46:43+00:00 September 15th, 2014|Discimination|

In 2011, the United States Equal Employment Opportunity Commission (EEOC) brought suit against Popeyes Chicken for refusing to hire a man, Noah Crawford, because he has HIV. The fried chicken franchise, based in Shreveport, Louisiana, will pay $25,000 to settle the lawsuit. Noah Crawford had years of experience working in the fast-food industry, and he [...]

Employee’s Medical Marijuana Case Goes to Supreme Court

2017-12-13T21:46:44+00:00 September 10th, 2014|Discimination|

On September 30th, 2014, the Colorado Supreme Court will hear oral arguments in a suit filed by a former Dish Network (“Dish”) customer service representative fired for using medical marijuana. Brandon Coats, the former Dish employee, has used medical marijuana since 2009 to control the painful spasms he has suffered ever since he was paralyzed [...]

Executive Order Prohibits LGBT Discrimination

2017-12-13T21:46:44+00:00 August 6th, 2014|Discimination, General Labor Law|

On July 21, President Obama signed two amended executive orders prohibiting federal contractors from discriminating against LGBT employees and prohibiting discrimination based on gender identity in federal employment. The executive orders aim to ensure that all employees are judged only by their ability to complete required job duties. The first executive order Obama amended, initially [...]

Is it Legal to Fire Someone Because of Their Sexual Orientation?

2017-12-13T21:46:45+00:00 July 17th, 2014|Discimination, General Labor Law|

Crystal Moore, a 23-year member of the Latta, South Carolina police force, was fired by the town’s mayor. The mayor claimed Moore had questioned authority and failed to maintain order at a town council meeting. He denied that the firing had anything to do with the fact that Moore is openly lesbian. A voice recording [...]

California State Laws Offering Protections Against Workplace Sexual Harassment

2017-12-13T21:46:46+00:00 July 9th, 2014|Sexual Harassment|

Los Angeles sexual harassment law offer strong protections, but the laws lack clout if employees are not properly informed about them. Knowing the laws can help prevent sexual harassment and help victims find reparation. What is Sexual Harassment? Sexual harassment is a form of illegal discrimination which can include unwelcome sexual conduct, sexual comments, requests [...]

Jury Rules for Employer in Discrimination Case

2017-03-02T21:51:33+00:00 April 24th, 2013|Discimination|

Plaintiff appealed a judgment following a jury decision in favor of Defendant employer Caltrans (also known as the State Department of Transportation) and his supervisor in an employment discrimination case. Plaintiff Kenneth Hatai alleged he was treated differently because of Japanese ancestry and Asian heritage. Plaintiff sought to prove the claim by showing that his [...]