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, or sexual orientation.”Continue Reading Vets Got Class

Summary of Program

Exposure to retaliation claims in the workplace today is like exposure to second-hand smoke in the workplace in the 1960s – It’s everywhere but few people understand the danger.  The Labor and Employment Group at Weintraub Tobin is pleased to offer this very important training session that will help business owners, human resource professionals

This year, lawmakers and their plaintiff’s bar buddies asked Governor Jerry Brown to recast awards in so-called mixed-motive discrimination cases. Brown vetoed Senate Bill 655, leaving in place the State’s high court ruling in Harris v. City of Santa Monica in February 2013. In that 6-0 decision, Brown’s appointee Liu said a workplace firing based both on discrimination and legitimate reasons can trigger attorney fees and declaratory or injunctive relief for a plaintiff but not damages, back pay or reinstatement.Continue Reading Gov. Brown Vetoes Pro Plaintiff Mixed-Motive Bill

When a workplace practice conflicts with an employee’s religious beliefs, the employer must consider whether a religious accommodation is available. This is the basic rule of Title VII of the Civil Rights Act. Many times, these issues arise in the form of scheduling conflicts when an employee’s religion compels worship on a particular day. Typical examples of religious accommodations can include changing an employee’s regular working schedule or allowing him or her to switch shifts with a co-worker. Such accommodations are typically made in response to a relatively traditional perception of religious expression. However, an employee’s religion, extends beyond traditional notions of religious practices. So what happens when an employer is presented with religious accommodation requests from Vegans? While clearly a first world problem, our Courts have been busy addressing this weighty issue.
Continue Reading Vegan Religious Bias Claim Settles for Enough to Buy A Big Juicy Steak