Last year, the Supreme Court finally clarified the long open question: “Who is a Supervisor under Title VII?” As discussed in our previous post, in Vance, the Supreme Court held that a supervisor is someone who is “empowered by the employer to take tangible employment actions” against a complaining employee. Essentially, a “supervisor”
New Legislation and Regulations
Additional Restrictions on Employer’s Use of Criminal History Checks
Last month this blog reported on an ordinance passed by the San Francisco Board of Supervisors that would ban the use of criminal history checkboxes from employment applications for employers in San Francisco. Employers statewide should note, however, that a new law became effective January 1, 2014 that adds further limitations on what information an…
Weintraub Tobin’s 2014 Labor & Employment Seminars and Training Schedule
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…
Vets Got Class
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
Gov. Brown Vetoes Pro Plaintiff Mixed-Motive Bill
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