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Category Archives: Discrimination

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Save the Date – Weintraub Tobin’s Employment Law Update 2019

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

Tuesday, January 8, 2019 – Sacramento, CA Wednesday, January 23, 2019 – San Francisco, CA Additional information and details for each session will be available December 3, 2018. To reserve your space at one of these sessions, please email Ramona Carrillo at rcarrillo@weintraub.com.

Now Available! Weintraub Tobin’s 2019 Labor and Employment Seminar and Training Schedule

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 2019 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 (916) 558-6046 rcarrillo@weintraub.com  

Mandatory AB 1825 Sexual Harassment Prevention Training and Supervisor Best Practices and Legal Compliance Training

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

Mandatory AB 1825 Sexual Harassment Prevention Training 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… Continue Reading

Which California Employment-Related Bills Were Signed Into Law And Which Ones Did Not Make The Cut?

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

Well September 30, 2018 has come and gone.  As my September 19, 2018 article indicated, that was the deadline for Governor Brown to either sign or veto a large number of employment-related bills passed by the California Legislature during the 2017-2018 Term.  Out of the 21 employment-related bills I summarized in my September 19th article,… Continue Reading

To Be or Not to Be [a New Law]? Countdown on Governor Brown’s Review of California Employment-Related Bills

Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, Harassment, Labor Law, New Legislation and Regulations, Retaliation and Wrongful Termination

The September 30th deadline for Governor Brown to act on numerous employment-related bills passed by the California Legislature during the 2017-2018 Legislative Term is fast approaching. This Blog summarizes only 21 of the more than 40 employment-related bills currently on the Governor’s desk. Employers are encouraged to stay tuned to see which bills become law… Continue Reading

New California Regulations on National Origin Going Into Effect

Posted in Discrimination, Harassment, Labor Law, New Legislation and Regulations, Retaliation and Wrongful Termination

As any reader of our blog knows, California employers are prohibited from discriminating on the basis of national origin (among other classifications). The Fair Employment and Housing Commission (“FEHC”) recently issued new regulations, which go into effect on July 1, 2018, expanding the definition of “national origin” to include an individual’s or ancestors’ actual or… Continue Reading

Have You Ever Disagreed With An Employee About How They Should Do Their Work?

Posted in Discrimination, FMLA and Other Leaves of Absence, Harassment, Labor Law, Retaliation and Wrongful Termination, Wage & Hour

Beware.  Routine criticisms of job performance when directed to employees engaged in a caring profession, may subject you to retaliation and whistleblower claims. So you hire an employee, call her a brick layer.  She is a horrible brick layer.  You get in constant arguments with her concerning the quality of her brick laying.  You say… Continue Reading

Protecting Your Religious Entity Exemption Under The FEHA While Complying With Other Laws

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

We all understand the common meaning of the word “employer.” In California, “employers” need to keep track of the various rules and regulations, all of which have their own definitions of the word.  Most frequently, the number of employees dictates whether a given statute or ordinance applies to the employer.  In addition, California’s Fair Employment… Continue Reading

Attorney Beth West Testifies Before the California Legislature

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

Weintraub Tobin Shareholder, Beth West, shared her expertise and testified before the California Legislature’s Subcommittee on Sexual Harassment Prevention and Response on February 15, 2018. The hearing focused on the legal issues surrounding sexual harassment and Ms. West’s testimony identified challenges employers face in having effective anti-harassment programs in place, as well as some legal… Continue Reading

Now Available! Weintraub Tobin’s 2018 Labor and Employment Seminar and Training Schedule

Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, Harassment, Labor Law, New Legislation and Regulations, Reductions in Force, Retaliation and Wrongful Termination, Trade Secrets and Competition, Uncategorized, Wage & Hour

Weintraub Tobin’s 2018 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 (916) 558-6046 rcarrillo@weintraub.com

New Transgender Rights Poster Required for California Workplaces

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

On October 15, 2017, California’s Governor Jerry Brown signed SB 396 into law, requiring new training and posters for California employers.  Currently, California law requires employers with 50 or more employees to provide at least 2 hours of sexual harassment training to supervisors every two years.  This new bill requires those employers to also include… Continue Reading

SAVE THE DATE – Mandatory AB 1825 Sexual Harassment Prevention Training

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

Weintraub Tobin will be holding their final session of AB 1825 training for the year on December 14, 2017.  If you are an employer with 50 or more employees, and have supervisors who have not been trained, or are in need of a refresher course, then don’t miss out. This training will comply with all… Continue Reading

ATTENTION EEO-1 EMPLOYERS –YOU DON’T HAVE TO REPORT PAY DATA TO THE EEOC IN MARCH 2018 AFTER ALL

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

On August 29, 2017, the Office of Information and Regulatory Affairs (OIRA) issued a memo to the EEOC advising that the Office of Management and Budget (OMB) is initiating a review and an immediate stay of the effectiveness of those aspects of the EEO-1 form that were revised on September 29, 2016. Those  revisions included… Continue Reading

San Francisco Passes “Lactation in the Workplace Ordinance”

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

On June 30, 2017, San Francisco’s Mayor Ed Lee signed an ordinance, providing employees in the City of San Francisco with additional lactation rights.  The “Lactation in the Workplace Ordinance,” will take effect on January 1, 2018 and applies to all City employees, including those who work part-time.  The ordinance is similar to existing state… Continue Reading

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

Texas Bus Monitor Termination For Incontinence Is Discrimination

Posted in Disability Discrimination, Discrimination, Labor Law, Retaliation and Wrongful Termination

In Green v. Dallas County School District, a Texas jury found that a Dallas County School District (the “School District”) violated Texas disability discrimination laws when it fired a bus monitor who lost control of his bladder on a school bus.  The bus monitor, Paul Green, suffered a known disability – congestive heart failure –… Continue Reading

Sexual Orientation Discrimination Not Recognized Under Title VII

Posted in Discrimination, New Legislation and Regulations

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

Trump Withdraws Transgender Bathroom Guidance

Posted in Discrimination, New Legislation and Regulations

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

Hugs and Kisses May Not Spur Affection in the Workplace

Posted in Discrimination, Harassment, Labor Law, New Legislation and Regulations

In a decision just two weeks after Valentine’s Day, the Ninth U.S. Circuit Court of Appeals (“Ninth Circuit”) has ruled that hugs and kisses may decrease, rather than increase, feelings of affection in the workplace.  Specifically, the Ninth Circuit overturned a lower court decision dismissing a lawsuit filed by a county correctional officer who alleged… Continue Reading

EEOC Harassment Guidance Receives Much-Needed Update

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

The Equal Employment Opportunity Commission (EEOC) recently reported that between fiscal years 2012 and 2015, private sector charges of harassment increased to account for 30% of all charges of discrimination received by the EEOC.  These numbers indicate that harassment liability and prevention continue to be important.  The EEOC’s most recent guidance on harassment focused primarily… Continue Reading

New York Governor Continues To Strengthen Equal Pay Protections

Posted in Disability Discrimination, Discrimination, Labor Law, New Legislation and Regulations

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

New Year, New Laws

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

Happy New Year!   The new year frequently marks new changes in the law, and this year is no exception.  There are several important changes that went into effect on January 1st.  Here are some of the major changes that went into effect on January 1, 2017: Minimum Wage Change: On January 1st, for employers with… Continue Reading