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!?!
Continue Reading Just InTime For St. Patrick’s Day: New ADA Bar Accessibility Requirements Went Into Effect Thursday
Is It Discrimination To Require A High School Diploma?
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 EEOC’s position represents a significant departure from traditional interpretation by the courts with regard to matters of unintentional discrimination resulting in a disparate impact on certain groups.Continue Reading Is It Discrimination To Require A High School Diploma?
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
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 Veterans Code also prohibits employers from discriminating against members of the armed forces (“Section 394”). Therefore, an employee who believes he/she has been discriminated against based on his/her military status has the right to pursue a claim under one or both laws.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
Weintraub’s L&E Law Blog is in the Top 25
By: Chuck Post
Over the last year, Weintraub Genshlea Chediak Tobin & Tobin has tripled the size of its employment law department. In addition to enhancing the services we can provide to our clients, this growth has allowed us to continue presenting our quality seminars and maintaining our Labor and Employment Law Blog. Our results
National Origin Discrimination Claims on the Rise!
Employment claims of discrimination based upon national origin have risen over 65% since 1997, according to the EEOC. This statistic becomes even more striking when one considers that discrimination claims in general rose only 20% in the past ten years. Recent EEOC decisions present the ongoing trap for the unwary – if an employee or job applicant is treated less favorably because of language, accent or ethnic background, the employee may have a claim for national origin discrimination.
In California, the workforce is extremely diverse – according to the U.S. Census, 39% of people in California speak a language other than English at home. Even going back to 2002, 28% of California residents then were foreign born. That number has increased to date. So what does that mean for California employers? Last September the EEOC accused supervisors at an Oxnard flower wholesaler of harassment laced with national-origin bias, including such remarks as Mexican women didn’t “know their place.” (EEOC v. Cyma Orchids, Inc., No. 10-7122 (C.D. Cal. complaint filed Sept. 23, 2010).) Use of such language should be clearly off limits – training and supervision of managerial staff is key to curtailing this discriminatory conduct and creating an environment where such language would not be tolerated. Continue Reading National Origin Discrimination Claims on the Rise!