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Tag Archives: FEHA

Doing the [Porta]Potty Dance: Fair Employment and Housing Council Votes to Adopt Emergency Rule regarding Signage for Single User Non-Flush Toilets to Resolve Conflict with OSHA Regulations

Posted in Discrimination, Employee Privacy Rights, Labor Law, New Legislation and Regulations, Wage & Hour

At its meeting on July 17, 2017, the Fair Employment and Housing Council (FEHC) addressed a conflict between its regulations and OSHA’s regulations, regarding gender-neutral restroom facilities. AB 1732, enacted as Health and Safety Code section 118600, which applies to single-user toilet facilities.  Section 118600 defines single-user toilet facilities as those that have only one… Continue Reading

DON’T FORGET…….California’s Transgender Identity and Expression Regulations Go Into Effect July 1, 2017

Posted in Discrimination, Employee Privacy Rights, Harassment, Labor Law, New Legislation and Regulations, Retaliation and Wrongful Termination, Wage & Hour

The new regulations that expand existing protections under California’s Fair Employment and Housing Act (FEHA) for transgender individuals and others go into effect July 1, 2017.  As California employers know, FEHA prohibits harassment and discrimination against individuals on the basis of many protected classes, including gender, gender identity, and gender expression.  Below is a brief… Continue Reading

DFEH Releases New Guidance Regarding Transgender Employees

Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Harassment, Labor Law, New Legislation and Regulations

The Department of Fair Employment and Housing (“DFEH”) recently issued new guidance for employers to prevent discrimination against transgender employees, who are protected under California’s Fair Employment & Housing Act (“FEHA”). Since 2012, FEHA protection has been extended to include gender identity and gender expression categories, and defines “gender expression” to mean a “person’s gender-related… Continue Reading

Governor Signs Assembly Bill No. 987 – Requesting a Reasonable Accommodation is Protected Activity under FEHA

Posted in Disability Discrimination, Discrimination, Labor Law, New Legislation and Regulations, Wage & Hour

This bill was in direct response to the decision in Rope v. Auto-Clor System of Washington, Inc. (2013) 220 Cal.App.4th 635 (2013), which found that an employee who merely makes a request for an accommodation does not engage in protected activity for purposes of a FEHA retaliation claim.  Under this bill, the Government Code is… Continue Reading

SPACE STILL AVAILABLE – SEAC Seminar – The What and Who: The FMLA/CFRA, ADA/FEHA, PDL, and Labor Code – Oh My!

Posted in FMLA and Other Leaves of Absence, Labor Law, Wage & Hour

Following the Yellow Brick Road of Employee Leave Rights and Accommodations.  SEAC invites you to spend the morning with attorneys and leave and accommodation experts Lizbeth (“Beth”) West and Charles (“Chuck”) Post from Weintraub Tobin as they discuss the ins and outs of this difficult area of employment law. Date:         Wednesday, August 20,… Continue Reading

SEAC Seminar – The What and Who: The FMLA/CFRA, ADA/FEHA, PDL, and Labor Code – Oh My!

Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Wage & Hour

Following the Yellow Brick Road of Employee Leave Rights and Accommodations.  SEAC invites you to spend the morning with attorneys and leave and accommodation experts Lizbeth (“Beth”) West and Charles (“Chuck”) Post from Weintraub Tobin as they discuss the ins and outs of this difficult area of employment law. Date:         Wednesday, August… Continue Reading

Upcoming Seminar: The Complex Web of Federal, State and Local Leaves of Absence Laws

Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations

Summary of Program Employers continue to grapple with this very difficult area of employment law. It is not enough to focus on just one law when an employee is unable to work or is absent from the workplace due to some medical condition or injury suffered by the employee or his or her family member…. Continue Reading

Vets Got Class

Posted in Discrimination, Labor Law, New Legislation and Regulations

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

Court Holds Volunteer is NOT an Employee under FEHA

Posted in Disability Discrimination, Discrimination, Labor Law

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

Upcoming Seminar: The Complex Web of Federal, State and Local Leaves of Absence Laws

Posted in FMLA and Other Leaves of Absence, Labor Law

Employers continue to grapple with this very difficult area of employment law. It is not enough to focus on just one law when an employee is unable to work or is absent from the workplace due to some medical condition or injury suffered by the employee or his or her family member. Instead, employers need… Continue Reading

Second Appellate District Holds that Employers do not Fulfill FEHA Obligations by Providing the Statutory Four-Month PDL Leave to Employees with Pregnancy-Related Disabilities

Posted in FMLA and Other Leaves of Absence

By:  James L. Brannen In Sanchez v. Swissport, Inc. (2013) 2013 Cal. App. Lexis 131, the Second Appellate District of California, for the first time, has addressed whether an employer who provides the full amount of leave allotted by the California Family Rights Act (CFRA) and Pregnancy Disability Leave (PDL) to a pregnant employee with… Continue Reading

When Can a Supervisor be Held Individually Liable for Discriminating Against an Employee Based on His or Her Military Status? It Depends on Whether Federal or California Law Applies

Posted in Discrimination, Retaliation and Wrongful Termination

By:       Lizbeth V. West, Esq. Most employers are aware of the federal law known as the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”) which is designed to protect those who serve in the armed forces from discrimination and retaliation. However, many California employers are unaware that section 394 of the California Military and… Continue Reading

2012 Brings A Whole New Set Of Obligations And Challenges For California Employers – Failure To Comply Could Be Devastating

Posted in Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Wage & Hour

By:       Lizbeth (“Beth”) West, Esq. Governor Brown signed a significant number of bills into law during the 2011/12 legislative term, many of which will have a direct impact on almost every California employer, regardless of size. Many laws impose new obligations on employers and prevent employers from engaging in what they may otherwise thought was previously… Continue Reading

California Supreme Court: No Individual Liability for Retaliation under FEHA: Jones v. The Lodge at Torrey Pines Partnership

Posted in Retaliation and Wrongful Termination

The California Supreme Court in Jones v. The Lodge at Torrey Pines Partnership ruled that individuals may not be held personally liable for retaliation claims under the FEHA. If you read the FEHA, section 12940(h) makes it unlawful for any “employer, labor organization, employment agency, or person” to retaliate against an employee. Read literally, this… Continue Reading