In a decision that may lead employers to feel a little less gratified on Thanksgiving Day, a California appellate court determined last week that “even a legitimate company policy, if mistakenly applied,” can lead to liability for disability discrimination in the Golden State. Specifically, the Court of Appeal ruled that “a lack of [discriminatory] animus… Continue Reading
Tag Archives: Disability Discrimination
Texas Bus Monitor Termination For Incontinence Is Discrimination
Posted in Disability Discrimination, Discrimination, Labor Law, Retaliation and Wrongful TerminationIn 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
Ninth Circuit Says Employee Who Made Death Threats Against His Co-Workers Could Not Sue His Employer For Disability Discrimination
Posted in Disability Discrimination, Discrimination, Labor Law, New Legislation and RegulationsJoining similar holdings from several other circuits, the Ninth Circuit recently held in Mayo v. PCC Structurals, Inc. that a depressed employee who threatened to kill his co-workers and was thereafter fired was not a qualified individual under the ADA. The court therefore affirmed the district court’s summary judgment on the employee’s disability discrimination claim…. Continue Reading
Upcoming Seminar (Orange County): Think You’re Up On The Current Laws? April Fools!
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, Retaliation and Wrongful Termination, Uncategorized, Wage & HourSummary of Program Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss important legal developments from 2013 and review the complexities of a number of new laws facing employers in 2014. Program Highlights New Federal and State Legislation and Regulatory Requirements Updates in the World of Harassment, Discrimination and Retaliation Law… Continue Reading
Upcoming Seminar: Employment Law Update
Posted in Labor Law2013 – A Year in Review 2014 – An Interesting Year Ahead Summary of Program Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss important legal developments from 2013 and review the complexities of a number of new laws facing employersin 2014. Sacramento Date: January 16, 2014 Time: 9:00 a.m. –… Continue Reading
Weintraub Tobin’s 2014 Labor & Employment Seminars 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 & HourHot 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 contact… Continue Reading
Court Holds Volunteer is NOT an Employee under FEHA
Posted in Disability Discrimination, Discrimination, Labor LawBy: Chelcey E. Lieber In Estrada v. City of L.A. (Case No. B242202), the Court of Appeal of California (Second Appellate District) held that Estrada, formerly a volunteer Police Reserve Officer for the City of Los Angeles, was not an employee for purposes of the California Fair Employment and Housing Act (“FEHA”), even though the City… Continue Reading
THE EEOC IS “OFF TO THE GINA RACES”
Posted in Disability Discrimination, Labor LawJUST ONE WEEK AFTER FILING (& SETTLING) IT’S FIRST EVER “GINA” LAWSUIT, IT HAS NOW FILED ITS FIRST “GINA” CLASS ACTION By: Lizbeth V. West, Esq. The EEOC issued a press release on May 16, 2013 announcing that it has filed a class action against The Founders Pavilion, Inc. (“Founders”), a nursing and rehabilitation center… Continue Reading
EEOC SETTLES ITS FIRST “GINA” LAWSUIT FOR GENETIC DISCRIMINATION – An Important Lesson for Employers Re: Medical Questions of Applicants and Employees that Violate GINA?
Posted in Disability Discrimination, Discrimination, Labor LawBy: Lizbeth V. West, Esq. On May 7, 2013, the EEOC issued a press release announcing the settlement of a lawsuit against Fabricut, Inc., one of the world’s largest distributors of decorative fabrics. This is the first lawsuit ever filed by the EEOC alleging genetic discrimination.
Upcoming ADA Seminar: Defense Strategies and Attorney Fee Awards
Posted in Disability DiscriminationJoin us at this year’s “ADA: Defense Strategies and Attorney Fee Awards in Light of Recent Legislation and Jankey v. Lee” seminar where Weintraub attorney Lizbeth West will be speaking as one of the panelist in regards to: An overview of the Jankey v. Lee decision Recent Federal and State Legislation Establishing available affirmative defenses… Continue Reading
The Fourth Circuit Court Says Pregnant Employee Not Entitled to Accommodation
Posted in Disability Discrimination, Discrimination, FMLA and Other Leaves of Absence, Labor LawBy: Duyen T. Nguyen In Young v. UPS, 2013 U.S. App. Lexis 530, a UPS worker sued her employer for sex and race discrimination under Title VII and for disability discrimination under the ADA on the basis of her pregnancy. On January 9, 2013, the Fourth Circuit Appellate Court issued a decision affirming the district court’s… Continue Reading
Is Leave Required As An Accommodation If It Is Unclear If The Employee Will Be Able To Perform The Job In The Near Future?
Posted in Disability Discrimination, Discrimination, FMLA and Other Leaves of Absence, Retaliation and Wrongful TerminationBy: Lizbeth V. West, Esq. Robert v. Board of County Commissioners of Brown County, Kansas, et. al. (10th Cir. Aug. 29, 2012) No. 11-3902 The job description for Robert’s job as a supervisor of felony offenders included 18 “essential functions.” Some of those included functions like performing drug screenings, ensuring compliance with court orders, testifying… Continue Reading
Is Compliance with an Attendance Policy an Essential Function of the Job? The Ninth Circuit says “Yes!”
Posted in Disability Discrimination, Discrimination, FMLA and Other Leaves of Absence, Labor LawBy: Chelcey E. Lieber Attendance at work seems like an obvious requirement to keep a job, right? The unfortunate answer often given by lawyers to that question is, “it depends.” In the employee-friendly state of California, permitting telecommuting or exemptions to an attendance policy may be a reasonable accommodation if a person has a disability…. Continue Reading
Just InTime For St. Patrick’s Day: New ADA Bar Accessibility Requirements Went Into Effect Thursday
Posted in Disability Discrimination, Discrimination, Labor Law, New Legislation and RegulationsWhat 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!?!
Is It Discrimination To Require A High School Diploma?
Posted in Disability Discrimination, DiscriminationBy: Scott M. Plamondon 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… Continue Reading
Weintraub’s L&E Law Blog is in the Top 25
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 & HourBy: 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… Continue Reading
Vote for Weintraub’s L&E Law Blog!
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 & HourBig news! Weintraub’s L&E Law Blog is one of the nominated candidates for the LexisNexis Top 25 Labor and Employment Law Blogs of 2011. We need your help! Click here, log onto the Labor and Employment Law Community and then leave a comment at the bottom of the page saying “I vote for The Labor &… Continue Reading
The California Court of Appeals Limits the Remedies for Undocumented Workers
Posted in Disability Discrimination, Labor Law, Retaliation and Wrongful TerminationBy: Meagan D. Christiansen The Third Appellate District for the California Court of Appeals recently issued a decision that provides hope for those employers who unknowingly hire undocumented workers throughout California. In Salas v. Sierra Chemical Co., the court used the after-acquired evidence and unclean hands doctrines to bar Salas’ Complaint, ruling that undocumented workers… Continue Reading
Employer’s Exclusive Reliance On Workers’ Compensation Calculations Can Add Up To Liability For Failing To Accommodate Disabled Employees
Posted in Disability DiscriminationWhen an employee is disabled by an industrial injury, an employer’s obligations under the Workers’ Compensation Act generally can be measured with what could be called arithmetic-like calculations. However, gaging the extent of an employer’s obligations in such circumstances can begin to resemble calculus when disability-discrimination laws are figured in the equation. For example, upon… Continue Reading
LAW ALERT: EEOC Publishes New Regulations Governing Federal Disability Laws
Posted in Disability Discrimination, New Legislation and RegulationsTaking the next step to implement the federal Americans with Disabilities Amendments Act of 2008 (“ADAAA”), the U.S. Equal Employment Opportunity Commission (“EEOC”) published its long-awaited final regulations on March 24, 2011. However, it is widely believed that the ADAAA and the recently published regulations will not greatly impact employers in California who are already… Continue Reading
Federal Government Posts Online Toolkit to Help Employers and Employees in the “Return-to-Work” Process
Posted in Disability Discrimination, FMLA and Other Leaves of AbsenceCoinciding with President Obama’s designation of October as “National Disability Employment Awareness Month 2010,” the federal government has posted a toolkit on the internet to facilitate the return-to-work process for both employers and employees following a disability-related leave of absence. The toolkit, which can be accessed at www.dol.gov/odep/return-to-work, is geared to educate both employees and employers… Continue Reading
LAW ALERT: Ninth Circuit Rules Disability Accommodations Must be Both Reasonable and Effective
Posted in Disability DiscriminationA recent opinion from a federal appellate court serves as yet another cautionary tale for employers in the area of disability accommodations. The Ninth U.S. Circuit Court of Appeals’ decision in EEOC v. UPS Supply Chain Solutions suggests that employers must take proactive steps to ensure that accommodations being provided to a given disabled employee… Continue Reading
LAW ALERT: $6.2 Million Settlement in EEOC Complaint Against Sears, Roebuck & Company Re: Inflexible Leave Exhaustion Policy Violates ADA
Posted in Disability Discrimination, FMLA and Other Leaves of AbsenceOn February 5, 2010, the EEOC issued a press release announcing the court approval of a $6.2 million settlement of its lawsuit against Sears, Roebuck & Company on behalf of 235 employees. The lawsuit maintained that Sears had an inflexible workers’ compensation leave exhaustion policy that terminated employees once they exhausted their workers’ compensation [leave] entitlement… Continue Reading
ADA Amendments Act
Posted in Disability DiscriminationOn September 25, 2008, the ADA Amendments Act of 2008 was signed into law by President Bush. It becomes effective January 1, 2009. This new law is designed to undo several Supreme Court decisions and thereby broaden the number of individuals who can seek protection under the Americans with Disabilities Act (ADA). The amendments include… Continue Reading
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