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
Category Archives: Discrimination
Subscribe to Discrimination RSS FeedTrump Withdraws Transgender Bathroom Guidance
Posted in Discrimination, New Legislation and RegulationsIn 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 RegulationsIn 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 RegulationsThe 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 RegulationsBy 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 & HourHappy 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
Top Reasons to Mediate Employment Disputes
Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Harassment, Reductions in Force, Retaliation and Wrongful Termination, Trade Secrets and Competition, Wage & HourAs an employment attorney and mediator, I believe mediation is a good alternative to protracted employment litigation. Below are the top reasons why. 1. Mediation is a Voluntary Process. Unlike litigation in which federal and state laws and court rules mandate the process (and often the outcome), mediation is a voluntary process. Thus, the parties… Continue Reading
Now Available! Weintraub Tobin’s 2017 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 & HourWeintraub 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
EEOC Issues Guidance on National Origin Discrimination
Posted in Discrimination, Harassment, Labor Law, New Legislation and RegulationsPerhaps because of the unfortunate social tensions arising after the U.S. Presidential election which include some inappropriate threats against immigrants and people of color, the EEOC issued its Enforcement Guidance on National Origin Discrimination last week. The Enforcement Guidance replaces the EEOC Compliance Manual, Volume II, Section 13: National Origin Discrimination (2002). National origin discrimination… Continue Reading
Mandatory AB 1825 Sexual Harassment Prevention Training
Posted in Discrimination, Employee Privacy Rights, Harassment, Labor Law, New Legislation and RegulationsSummary 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
7th Circuit To Revisit Title VII Sexual Orientation Discrimination Ruling
Posted in Discrimination, Harassment, New Legislation and RegulationsOn 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
“Convincing Mosaic” Not Required In 7th Circuit
Posted in Discrimination, Labor LawSince 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
Does Your Service Animal Need a Stand Up Desk? Discrimination and Accommodation of Employees, Customers and Third-Parties
Posted in Disability Discrimination, Discrimination, Employment Contracts and Agreements, Labor LawSummary 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
Beware – Reporting Wage & Hour Violations Just Got Easier
Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Harassment, Labor Law, New Legislation and Regulations, Retaliation and Wrongful Termination, Wage & HourThe California Labor Commissioner Launches New On-Line Reporting System On August 31st, the Department of Industrial Relations (Labor Commissioner) launched an online system allowing anyone to report a business’ alleged labor law violations. According to the Labor Commissioner’s Press Release, the new online reporting system is simple to use and enables the Labor Commissioner to… Continue Reading
The EEOC Is At It Again – New Enforcement Guidance On Retaliation Issued On August 29, 2016
Posted in Discrimination, Labor Law, New Legislation and RegulationsOn August 29, 2016, the EEOC issued new Enforcement Guidance on Retaliation which replaces its 1998 Compliance Manual section on retaliation. The Guidance also addresses the separate “interference” provision under the Americans with Disabilities Act (ADA), which prohibits coercion, threats, or other acts that interfere with the exercise of ADA rights. According to the EEOC,… Continue Reading
Oh Sh–! The Government is Knocking at Your Door
Posted in 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 & HourSummary of Program There is no universal way to prepare for a governmental audit, investigation or inspection. The employment laws governing your workplace have different compliance requirements and governmental agencies have different agendas and degrees of power. This seminar will include tips on whether, and how to, conduct a self audit; understanding the do’s and… Continue Reading
Fee Limits Ruled Unlawful in Florida Workers’ Comp Cases
Posted in Disability Discrimination, Discrimination, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Wage & HourIn a long-awaited decision, the Florida Supreme Court ruled in Marvin Castellanos v. Next Door Company, et al. that the limitations on attorneys’ fees awarded under Florida’s workers’ Compensation statute violates the due process clause of both the Florida and United States Constitutions. As a result of this holding, attorneys are no longer limited to… Continue Reading
The EEOC Special Task Force Issues Its Report on the Study of Harassment in the Workplace and Finds that “We Have Come Far But Still Have Far To Go”
Posted in Disability Discrimination, Discrimination, Harassment, Labor Law, New Legislation and RegulationsThe EEOC Special Task Force (“Task Force”) has spent the last 18 months examining the myriad and complex issues associated with harassment in the workplace. Thirty years after the U.S. Supreme Court held in the landmark case of Meritor Savings Bank v. Vinson that workplace harassment was an actionable form of discrimination prohibited by Title… Continue Reading
OFCCP Issues New Rule Regarding Sex Discrimination For Federal Contractors
Posted in Discrimination, Employee Privacy Rights, Labor Law, New Legislation and Regulations, Wage & HourOn June 14, 2016, the Office of Federal Contract Compliance Programs (OFCCP) announced publication of a Final Rule in the Federal Register that sets forth the requirements that covered contractors must meet under the provisions of Executive Order 11246 prohibiting sex discrimination in employment. This Final Rule updates sex discrimination guidelines from 1970 with new… Continue Reading
Upcoming Seminar – Don’t Be Clueless: The Essentials of Workplace Investigations
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, Wage & HourSummary of Program Join the attorneys from Weintraub Tobin’s Workplace Investigations Unit as they discuss the fundamentals of an effective workplace investigation. Program Highlights The duty to investigate Determining who will do the investigation Recognizing your own biases Tips for conducting the investigation Preparation Conducting and documenting witness interviews Analyzing the evidence and making credibility determinations… Continue Reading
Governor Brown Signs a Law to Help Small Businesses Defend Against State Disability Access Lawsuits
Posted in Disability Discrimination, Discrimination, Labor Law, New Legislation and RegulationsOn May 10, 2016 Governor Brown signed Senate Bill 269 (SB 269) which amends certain California statutes dealing with disability access in public accommodations and business establishments. SB 269 is not a new law, but rather, an effort by the Legislature and Governor Brown to amend existing law in order to address the significant financial… Continue Reading
THE EEOC JUST KEEPS ON GIVING! New “Guidance” Document Re: Employer-Provided Leaves And The ADA
Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Wage & HourOn May 9, 2016 the EEOC issued yet another “guide” – this time to outline its position on when and how leave must be granted for reasons related to an employee’s disability under the Americans with Disabilities Act (“ADA”). The publication, entitled “Employer-Provided Leave and the Americans with Disabilities Act,” contains information on the EEOC’s… Continue Reading
Pull up a Chair: California Supreme Court Weighs in on Suitable Seating
Posted in Disability Discrimination, Discrimination, Labor Law, New Legislation and Regulations, Wage & HourTo sit or not to sit, that is the question. And now the California Supreme Court has given us an answer. Well, sort of. They have told us how to find the answer. Even that’s a stretch. Pull up a seat and I will explain. To help it resolve two class actions involving California Wage… Continue Reading
Social Media Fail: Sometimes Even Employers Memorialize Bad Decisions on the Internet
Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, FMLA and Other Leaves of Absence, Harassment, Labor Law, New Legislation and RegulationsBy: Labor and Employment Group Don’t deny it: you scroll through your social media feeds past the mundane photos, click-bait, and “humble brags” in search of explosive drama. Eventually, you might land on a status update from one of the reliable “oversharers” on your friends list (we all have them). She was just terminated from her… Continue Reading
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