Discrimination & Harassment

Excellent Example of How NOT to Handle ADA Matters

An alcoholic employee disclosed his dependency issues to his employer. After completing treatment, the employee was terminated. Add suspected associational discrimination to the mix, and the employer finds itself in hot water over alleged Americans with Disabilities Act (ADA) violations. Employer Pins Rate Hike on Employee’s Daughter In February 1982, Damon Adams began working at …

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Individualized Assessments Are a Must Under ADA

A recently decided case involving the reassignment of a legally deaf forklift operator serves as a good reminder to all employers of the importance of not making assumptions and of conducting a thorough individualized assessment of a disabled person’s ability or inability to perform a specific type of job. Facts Nicholas Siewertsen is a deaf …

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7th Circuit Issues Guidance to Employers Facing ADA “Regarded As” Claims

A recent case decided by the U.S. 7th Circuit Court of Appeals provides helpful guidance for addressing “regarded as” disabled claims brought under the Americans with Disabilities Act (ADA). In defending its adverse actions against the employee, the employer rejected his claim that it regarded him as disabled because his impairment was both “transitory” and …

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Several EEOC Actions Should Be a Warning to Employers

The Equal Employment Opportunity Commission (EEOC) is an agency of the federal government, created by the Civil Rights Act of 1964 (Title VII). The purpose of the EEOC is to interpret and enforce federal laws prohibiting discrimination. To achieve these goals, the EEOC holds hearings, administers equal employment opportunity laws for employees of the federal …

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California Employer LAWlert: Governor Signs More New Employment Bills into Law

Governor Edmund G. Brown recently signed several new employment bills into law for California Employers.  PAGA amended California’s Private Attorney General Act (PAGA) authorizes an employee to file a civil action to recover specified civil penalties that otherwise would be assessed and collected by the Labor and Workforce Development Agency on behalf of the employee …

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California Employer LAWlert: Equal Pay Act Is Law

Female workers in California will get new tools to challenge gender-based wage gaps under legislation signed into law Tuesday that supporters say offers the strongest equal-pay protection in the nation. Democratic Gov. Jerry Brown signed the measure while surrounded by women and girls at an event at Rosie the Riveter National Historical Park in Richmond, …

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OSHA issues guidelines to ensure restroom access for transgender workers

There’s been an increased focus on providing special benefits to transgender individuals in the workplace. Consistent with that trend, on June 1, the Occupational Safety and Health Administration (OSHA) released “A Guide to Restroom Access for Transgender Workers.” Filed as “best practices,” the guide is not an OSHA standard or regulation but rather recommendations the …

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California Employer LAWlert: New Law Requires Anti-Bullying Training in the Workplace

Current California law requires employers with 50 or more employees to provide two hours of sexual harassment training and education to all supervisors and managers every 2 years and for newly hired or promoted employees, within six months of the employee’s assumption of a supervisory role. Specifically, the training must include information and practical guidance …

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Four Things to Expect During an EEOC On-Site Visit

By Mitchell Quick “Guests, like fish, begin to smell after three days old.” – Benjamin Franklin You know the drill. An employee or ex-employee files a discrimination charge against your company with the Equal Employment Opportunity Commission (“EEOC”). You file a position statement denying the allegations and then wait. You hear nothing and hope that …

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Was the Firing of a Warehouse Worker Really Because He Stole Candy (Pretext) or Did the Company Want to Shed an Older Employee?

Tomas Alarcon, 59, alleged that Professional Plastics Inc., fired him because of his age and tried to cover it up by claiming that the basis for his termination was stolen candy. Alarcon worked for nine years in the shipping department and admitted that he took a small box of candy from a communal table where …

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