Category Archives: Disability Discrimination

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Happy New Year (to California Employees)

By Shauna N. Correia on December 29th, 2015 Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Harassment, Labor Law, New Legislation and Regulations, Reductions in Force, Retaliation and Wrongful Termination, Trade Secrets and Competition, Wage & Hour

The year-end holidays tend to be a time when employers and employees are either winding down for the year or making one last big push to close the year strongly. California employers should make time this week, though, to ensure they are ready for the new laws which will take effect in California this Friday… Continue Reading

Now Available! Weintraub Tobin’s 2016 Labor and Employment Seminar and Training Schedule

By Ramona Carrillo on December 3rd, 2015 Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Harassment, Labor Law, New Legislation and Regulations, Reductions in Force, Retaliation and Wrongful Termination, Trade Secrets and Competition, Wage & Hour

Weintraub Tobin’s 2016 Labor and Employment Seminar and Training schedule is now available. Click here for a copy of the schedule. If you have any questions on any of our seminars or would like to inquire on private, custom-tailored training, please contact: Ramona Carrillo 400 Capitol Mall, 11th Fl. Sacramento, CA 95814 916.558.6046 rcarrillo@weintraub.com

California Governor Signs A Bevy Of Employment Laws, Vetoes A Few Others

By Ramona Carrillo on October 29th, 2015 Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Harassment, Labor Law, New Legislation and Regulations, Retaliation and Wrongful Termination, Wage & Hour

By: Vida L. Thomas The 2014/2015 California legislative session may go down as one of the most productive in the state’s history, in terms of legislation passed and signed into law. According to the Associated Press, Governor Brown signed 808 bills, and vetoed 133 others. Lest employers worry that they were left out of the… Continue Reading

The Three “H”s of Fall: Halloween, Hot Chocolate, and Handbooks

By Labor & Employment on October 12th, 2015 Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Harassment, Labor Law, New Legislation and Regulations, Reductions in Force, Retaliation and Wrongful Termination, Trade Secrets and Competition, Wage & Hour

When people begin to think about cool weather, hot chocolate, Thanksgiving, and this year the constant announcements about El Niño, only one thing always comes to my mind…….. Employer Handbook Season! Yes, the end of the year always brings a flurry of revisions to employer handbooks. This year is no different. Business owners, general counsel,… Continue Reading

Ninth Circuit Says Employee Who Made Death Threats Against His Co-Workers Could Not Sue His Employer For Disability Discrimination

By Lukas Clary on August 4th, 2015 Posted in Disability Discrimination, Discrimination, Labor Law, New Legislation and Regulations

Joining similar holdings from several other circuits, the Ninth Circuit recently held in Mayo v. PCC Structurals, Inc. that a depressed employee who threatened to kill his co-workers and was thereafter fired was not a qualified individual under the ADA. The court therefore affirmed the district court’s summary judgment on the employee’s disability discrimination claim…. Continue Reading

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

By Beth V. West on July 16th, 2015 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

EEOC Weighs in on Employer Wellness Programs

By Shauna N. Correia on May 5th, 2015 Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Labor Law, New Legislation and Regulations, Wage & Hour

Employer-sponsored “wellness programs” have become very popular, and are touted for the potential benefits to employees and employers alike: reduced absenteeism, lowered health care costs, reduced injuries, improved morale and productivity. But are these programs compliant with the ADA and other federal laws? The U.S. Equal Employment Opportunity Commission (“EEOC”) has issued proposed regulations that… Continue Reading

U.S. Supreme Court Issues Decision in Young v. UPS

By Beth V. West on March 25th, 2015 Posted in Disability Discrimination, Discrimination, FMLA and Other Leaves of Absence, Labor Law, Wage & Hour

The United State Supreme Court issued its much anticipated decision in the case of Young v. UPS on March 24, 2015. As of now, Young’s pregnancy discrimination claim remains alive and well. Below is a summary of the court’s ruling: Factual and Procedural Background. Young was a part-time driver for UPS. When she became pregnant,… Continue Reading

Upcoming Seminar: Well Trained Supervisors – Your First Line of Defense

By Ramona Carrillo on January 23rd, 2015 Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Harassment, Labor Law, New Legislation and Regulations, Reductions in Force, Retaliation and Wrongful Termination, Trade Secrets and Competition, Wage & Hour

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

Upcoming Seminars: Employment Law Update

By Ramona Carrillo on January 5th, 2015 Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Harassment, Labor Law, New Legislation and Regulations, Reductions in Force, Retaliation and Wrongful Termination, Trade Secrets and Competition, Wage & Hour

2014 – A Year in Review 2015 – 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 2014 and review the complexities of a number of new laws facing employers in 2015. Sacramento Date: January 8, 2015 Time: 9:00 a.m…. Continue Reading

Weintraub Tobin’s 2015 Labor & Employment Seminar and Training Schedule

By Ramona Carrillo on December 10th, 2014 Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Harassment, Labor Law, New Legislation and Regulations, Reductions in Force, Retaliation and Wrongful Termination, Trade Secrets and Competition, Wage & Hour

NOW AVAILABLE – Weintraub Tobin’s 2015 Labor and Employment Seminar and Training Schedule. Click here for a copy of the schedule. If you have any questions on any of our seminars or would like to inquire on private, custom-tailored training, please contact: Ramona Carrillo 400 Capitol Mall, 11th Fl. Sacramento, CA 95814 916.558.6046 rcarrillo@weintraub.com

Upcoming Seminar: Employment Law Update

SEAC Seminar: Untrained Supervisors – The Employer’s Achilles Heel II

By Ramona Carrillo on December 1st, 2014 Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Harassment, Labor Law, New Legislation and Regulations, Retaliation and Wrongful Termination, Wage & Hour

Supervisors are an employer’s first line of defense against claims and lawsuits. A well-trained supervisor can lower an employer’s risk of being involved in litigation and set the stage for the successful defense of claims that do arise. In addition, a well-trained supervisor is critical to creating and promoting a happy, productive work environment for… Continue Reading

Upcoming Seminar: The World of Accommodations – Disabled Employees and Customers

By Ramona Carrillo on November 4th, 2014 Posted in Disability Discrimination, Discrimination, Labor Law, New Legislation and Regulations

Summary of Program Most business owners know that customers and employees may need to be accommodated from time to time for various reasons. Often this is because of an employee’s disability, medical condition or a condition present on property owned by the business and open to the public. It is important for business owners to… Continue Reading

Weintraub Tobin Announces the Addition of Vida L. Thomas to Our Labor & Employment Team

By Ramona Carrillo on October 31st, 2014 Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Harassment, Labor Law, New Legislation and Regulations, Reductions in Force, Retaliation and Wrongful Termination, Trade Secrets and Competition, Uncategorized, Wage & Hour

The Labor and Employment Law group is proud to announce the addition of Vida L. Thomas to our team. An AV-rated attorney who has practiced employment law for over 20 years, Vida has recently joined Weintraub Tobin as Of Counsel and will head up the Firm’s workplace investigations unit. She began her career at Kronick… Continue Reading

EEOC Issues Updated Guidance Regarding Pregnant Employees Discusses Employer’s Obligation to Accommodate and Not Discriminate

By Beth V. West on July 15th, 2014 Posted in Disability Discrimination, Discrimination, FMLA and Other Leaves of Absence, New Legislation and Regulations

On July 14, 2014 the EEOC issued its updated “Enforcement Guidance on Pregnancy Discrimination and Related Issues” (“Guidance”). The stated purpose of the Guidance is to provide information regarding the Pregnancy Discrimination Act (“PDA”) and the Americans with Disabilities Act (“ADA”) as they apply to pregnant employees. In addition to the new Guidance, the EEOC… Continue Reading

Upcoming Seminar (Orange County): Think You’re Up On The Current Laws? April Fools!

By Ramona Carrillo on April 3rd, 2014 Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Harassment, Labor Law, New Legislation and Regulations, Retaliation and Wrongful Termination, Uncategorized, Wage & Hour

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 employers in 2014. Program Highlights New Federal and State Legislation and Regulatory Requirements Updates in the World of Harassment, Discrimination and Retaliation Law… Continue Reading

Weintraub Tobin’s 2014 Labor & Employment Seminars and Training Schedule

By Ramona Carrillo on November 20th, 2013 Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Harassment, Labor Law, New Legislation and Regulations, Reductions in Force, Retaliation and Wrongful Termination, Trade Secrets and Competition, Wage & Hour

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

Court Holds Volunteer is NOT an Employee under FEHA

By Ramona Carrillo on July 30th, 2013 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

THE EEOC IS “OFF TO THE GINA RACES”

By Ramona Carrillo on May 16th, 2013 Posted in Disability Discrimination, Labor Law

JUST ONE WEEK AFTER FILING (& SETTLING) IT’S FIRST EVER “GINA” LAWSUIT, IT HAS NOW FILED ITS FIRST “GINA” CLASS ACTION By: Lizbeth V. West, Esq. The EEOC issued a press release on May 16, 2013 announcing that it has filed a class action against The Founders Pavilion, Inc. (“Founders”), a nursing and rehabilitation center… Continue Reading

EEOC SETTLES ITS FIRST “GINA” LAWSUIT FOR GENETIC DISCRIMINATION – An Important Lesson for Employers Re: Medical Questions of Applicants and Employees that Violate GINA?

By Ramona Carrillo on May 16th, 2013 Posted in Disability Discrimination, Discrimination, Labor Law

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.

Upcoming ADA Seminar: Defense Strategies and Attorney Fee Awards

By Labor & Employment on February 20th, 2013 Posted in Disability Discrimination

Join us at this year’s “ADA: Defense Strategies and Attorney Fee Awards in Light of Recent Legislation and Jankey v. Lee” seminar where Weintraub attorney Lizbeth West will be speaking as one of the panelist in regards to: An overview of the Jankey v. Lee decision Recent Federal and State Legislation Establishing available affirmative defenses… Continue Reading

The Fourth Circuit Court Says Pregnant Employee Not Entitled to Accommodation

By Ramona Carrillo on January 30th, 2013 Posted in Disability Discrimination, Discrimination, FMLA and Other Leaves of Absence, Labor Law

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

Is Leave Required As An Accommodation If It Is Unclear If The Employee Will Be Able To Perform The Job In The Near Future?

By Ramona Carrillo on September 4th, 2012 Posted in Disability Discrimination, Discrimination, FMLA and Other Leaves of Absence, Retaliation and Wrongful Termination

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