Introduction For the first time, a federal appellate court has determined that discrimination on the basis of sexual orientation is a form of sex discrimination under Title VII of the Civil Rights Act of 1964 (“Title VII”). Under Title VII, an employer may not take an adverse employment action against an employee on the basis… Continue Reading
Federal law has long prohibited discrimination based on a person’s sex. In recent years, several courts have held that discrimination based on failure to conform to a gender stereotype is a form of prohibited sex-based discrimination. But courts across the country have been more divided about whether those same laws preclude discrimination based on one’s… Continue Reading
In May 2016, North Carolina governor Pat McCrory signed into law a bill (HB2) that required transgender people to use restrooms corresponding to their biological sex. On May 13, 2016, the Obama administration’s Justice Department and the Department of Education responded by sending letters to U.S. public school districts directing them to allow students to… Continue Reading
By Vida L. Thomas On January 9, 2017, New York Governor Andrew Cuomo announced his new “New York Promise” agenda, a sweeping package of reforms that the Governor promises will “advance principles of social justice, affirm New York’s progressive values, and a set a national standard for protections against all forms of discrimination.” As part… Continue Reading
The Neutral Solutions Team at Weintraub Tobin specializes in training supervisors on various workplace issues, including preventing harassment, discrimination, and retaliation; workplace health and safety; and managing leave laws. For more information, please visit our Trainings page here.
On October 11, 2016, the U.S. Seventh Circuit Court of Appeals granted en banc (by the full court) review in Hively v. Ivy Tech Community College. This rare move means that the entire Seventh Circuit court will reconsider its previous decision, which was originally issued on July 28, 2016. Kimberly Hively began teaching as a part-time… Continue Reading
Since its 1994, decision in Troupe v. May Department Stores Co., 20 F.3d 734 (7th Cir. 1994), the Seventh Circuit has instructed the district courts within its boundaries (including those in Illinois) to look for evidence that creates “a convincing mosaic of discrimination” in considering summary judgment motions in employment discrimination cases. After more than… Continue Reading
Summary of Program The Labor and Employment Group at Weintraub Tobin is pleased to offer this very informative training session that will help business owners, human resource professionals, and managers to both comply with legal record keeping requirements and also prepare and maintain effective defensive documentation. Most business owners know that customers and employees may… Continue Reading
Summary of Program The regulations regarding California’s Mandatory Sexual Harassment Prevention Training for supervisors require that certain employers provide training to their supervisors every two years. The Labor and Employment Group at Weintraub Tobin Chediak Coleman Grodin is offering a two hour in-person training session that will comply with all the requirements outlined in the… Continue Reading
Summary of Program Most employers know that it is crucial to have well trained supervisors to help ensure that rank and file employees perform their jobs effectively and efficiently. However, many employers don’t realize how important it is that supervisors be trained to understand the many employment laws that govern the workplace. Untrained supervisors can… Continue Reading
2013 – A Year in Review 2014 – An Interesting Year Ahead Summary of Program Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss important legal developments from 2013 and review the complexities of a number of new laws facing employersin 2014. Sacramento Date: January 16, 2014 Time: 9:00 a.m. –… Continue Reading
Hot off the print press – Weintraub Tobin’s 2014 Labor and Employment Training and Seminar Schedule is now available. Click here for a copy of the schedule. Our Employment Law Update is scheduled for January 16, 2014 (Sacramento) and January 23, 2014 (San Francisco). Seating is limited so register early to reserve your spot. Please contact… Continue Reading
By: James L. Brannen Currently, the Fair Employment and Housing Act (FEHA) protects the right of persons to seek, obtain, and hold employment without discrimination on account of various classes including, “race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age,… Continue Reading
This year, lawmakers and their plaintiff’s bar buddies asked Governor Jerry Brown to recast awards in so-called mixed-motive discrimination cases. Brown vetoed Senate Bill 655, leaving in place the State’s high court ruling in Harris v. City of Santa Monica in February 2013. In that 6-0 decision, Brown’s appointee Liu said a workplace firing based… Continue Reading
When a workplace practice conflicts with an employee’s religious beliefs, the employer must consider whether a religious accommodation is available. This is the basic rule of Title VII of the Civil Rights Act. Many times, these issues arise in the form of scheduling conflicts when an employee’s religion compels worship on a particular day. Typical… Continue Reading
Summary of Program Join the Employment Law Group of Weintraub Tobin for an informative and up-to-date discussion about the rights and obligations of pregnant employees. Program Highlights Pregnancy Disability Leave (PDL) PDL versus FMLA/CFRA Reasonably Accommodating Pregnant Employees Pregnancy Discrimination What are the Courts saying? Date: September 12, 2013 Time: 9:30 a.m. – 11:30 a.m. Location: Weintraub… Continue Reading
By: Chelcey E. Lieber In Estrada v. City of L.A. (Case No. B242202), the Court of Appeal of California (Second Appellate District) held that Estrada, formerly a volunteer Police Reserve Officer for the City of Los Angeles, was not an employee for purposes of the California Fair Employment and Housing Act (“FEHA”), even though the City… Continue Reading
By: Lizbeth V. West, Esq. On May 7, 2013, the EEOC issued a press release announcing the settlement of a lawsuit against Fabricut, Inc., one of the world’s largest distributors of decorative fabrics. This is the first lawsuit ever filed by the EEOC alleging genetic discrimination.
By: Duyen T. Nguyen In Young v. UPS, 2013 U.S. App. Lexis 530, a UPS worker sued her employer for sex and race discrimination under Title VII and for disability discrimination under the ADA on the basis of her pregnancy. On January 9, 2013, the Fourth Circuit Appellate Court issued a decision affirming the district court’s… Continue Reading
By: Brendan J. Begley California Gov. Jerry Brown signed into law earlier this month the Workplace Religious Freedom Act, AB 1964, a bill that expands the prohibition against religious discrimination by employers. This new law mandates that workers receive equal protection despite their religious beliefs or appearance while protecting those who wear religious attire. The… Continue Reading
By: Lizbeth V. West, Esq. Robert v. Board of County Commissioners of Brown County, Kansas, et. al. (10th Cir. Aug. 29, 2012) No. 11-3902 The job description for Robert’s job as a supervisor of felony offenders included 18 “essential functions.” Some of those included functions like performing drug screenings, ensuring compliance with court orders, testifying… Continue Reading
By: Chelcey E. Lieber Attendance at work seems like an obvious requirement to keep a job, right? The unfortunate answer often given by lawyers to that question is, “it depends.” In the employee-friendly state of California, permitting telecommuting or exemptions to an attendance policy may be a reasonable accommodation if a person has a disability…. Continue Reading
What do you think of when you think about St. Patrick’s Day? Corn Beef, Cabbage, Green Beer, John Wayne’s greatest movie “The Quiet Man”, new governmental regulations for bars and restaurants? WHAT!?!
By: Scott M. Plamondon The Equal Employment Opportunity Commission (“EEOC”) thinks so. The EEOC recently posted a letter to its website stating that it may be unlawful for employers to require a job applicant to have obtained a high school diploma if the applicant suffers from a learning disability and has been unable to obtain one. The… Continue Reading