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Tag Archives: Discrimination

Is It Discrimination To Require A High School Diploma?

Posted in Disability Discrimination, Discrimination

By:       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

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

Posted in Discrimination, Retaliation and Wrongful Termination

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… 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 & Hour

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… Continue Reading

National Origin Discrimination Claims on the Rise!

Posted in Discrimination

By: Susan E. Kirkgaard 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… 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 & Hour

Big 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

LAW ALERT: Where Can You Go To Shop And Find Groceries, Clothes, Electronics, And Supreme Court Class Action Victories That Help Employers Nationwide? Wal-Mart!!!

Posted in Discrimination

Today, the United States Supreme Court ruled in favor of Wal-Mart in its monumental sex discrimination lawsuit brought on behalf of all female employees. The court ruled unanimously that the lawsuit against Wal-Mart Stores Inc. cannot proceed as a class action, reversing a decision by the 9th U.S. Circuit Court of Appeals in San Francisco. The… Continue Reading

Meg Whitman’s “Nannygate” Records are a Good Reminder that Employers Should Consult Legal Counsel Regarding Employment Applications, Forms, and Policies

Posted in Discrimination, Labor Law

According to recent media reports, California gubernatorial candidate Meg Whitman released employment records to refute allegations that she knowingly hired an illegal immigrant as a nanny and housekeeper in 2000.  These documents, which The Sacramento Bee posted at http://blogs.sacbee.com/capitolalertlatest/Diaz%20Forms.pdf, provide a good illustration as to why California employers should use caution before adopting employment applications,… Continue Reading

“Same Actor” Defense

Posted in Discrimination

I was recently asked something of a “desert island” question. Instead of being asked what 10 records or 10 movies I would take to a desert island, I was asked, “If an employer could only do one thing to reduce its exposure to employment discrimination liability, what should it do?” Shooting from the hip, I said, “Whenever… Continue Reading

A DISABILITY ACCESS CLAIM UNDER THE UNRUH ACT DOES NOT REQUIRE A SHOWING OF INTENTIONAL DISCRIMINATION

Posted in Discrimination

The California Supreme Court has finally settled the troubling issue of whether intentional discrimination must be shown to prove a disability access claim under the California Unruh Act. In Munson v. Del Taco, Inc., the Court decided the issue after it was certified to the California Supreme Court from the U.S. Court of Appeal for the… Continue Reading

AN EMPLOYER’S DILEMMA: DISPARATE TREATMENT VERSUS DISPARATE IMPACT

Posted in Discrimination, Labor Law

The United States Supreme Court has issued its ruling in the Ricci, et. al. v. Destefano, et. al. case (referred to by the press as the “reverse” discrimination case that U.S. Supreme Court nominee, Sonia Sotomayor, decided with other Court of Appeal justices). Essentially the case stands for the rule that an employer may not manipulate… Continue Reading

AGE MUST BE THE “BUT FOR” CAUSE FOR ALLEGED EMPLOYMENT DISCRIMINATION

Posted in Discrimination, Labor Law, Retaliation and Wrongful Termination

In the recent case of Gross v. FBL Financial Services, Inc., the United States Supreme Court held that a plaintiff must prove that his/her age was the “but for” cause of the adverse employment action they claim was discriminatory (e.g. demotion). Plaintiff was 54 years old when his employer reassigned him from his position as a… Continue Reading

Congress and President Obama Trump the Supreme Court: Ledbetter Fair Pay Act Signed Into Law

Posted in Discrimination, New Legislation and Regulations, Retaliation and Wrongful Termination, Wage & Hour

In his first significant act as President in the labor and employment arena, President Obama effectively overturned the United States Supreme Court’s decision in Ledbetter v. Goodyear Tire & Rubber Co. by signing the Lilly Ledbetter Fair Pay Act (“Ledbetter Act”) into law this Thursday. The main thrust of the Ledbetter Act is that it… Continue Reading

The U.S. Supreme Court Holds that Participating in a Discrimination Investigation may Constitute “Opposition” to Illegal Conduct for Title VII Retaliation Purposes: Crawford v. Metropolitan Government of Nashville and Davidson County, Tennessee

Posted in Discrimination, Harassment, Retaliation and Wrongful Termination

In 2002, Metropolitan Government of Nashville and Davidson County, Tennessee (Metro), began looking into rumors of sexual harassment by one of its employees, Gene Hughes. A member of Metro’s human resources department asked plaintiff Vicky Crawford (a 30-year Metro employee) whether she had witnessed any of Hughes’ “inappropriate behavior.” Crawford, who was not the subject… Continue Reading

Supreme Court Places Greater Burden on Employers Defending Age Claims: Meacham v. Knolls Atomic Power Laboratory

Posted in Discrimination

In Meacham v. Knolls Atomic Power Laboratory, an employer used a "matrix" method to carry out a reduction in force. The employer’s method ranked its employees based on objective factors (i.e. performance and years of service) and subjective factors (i.e. flexibility and criticality). The employer then conducted a disparate impact analysis for the lowest scoring… Continue Reading

Supreme Court Issues “Opinion” on “Me Too” Evidence…Sort Of: Sprint v. Mendelsohn

Posted in Discrimination

In Sprint v. Mendelsohn, the U.S. Supreme Court held that admission of "me too" evidence in discrimination cases is fact based and "depends on many factors…." Plaintiff, who was 51 years old and the oldest employee in her department, was laid off during a company-wide reduction in force. She subsequently sued Sprint for disparate treatment… Continue Reading

…And Now A Report On “Reverse” Discrimination: Hicks v. KNTV Television, Inc.

Posted in Discrimination

In Hicks v. KNTV Television, Inc., plaintiff, a white male, worked as a news anchor for defendant-employer. Plaintiff’s contract was not renewed when it expired. Instead, defendant hired a black male to replace plaintiff. Plaintiff filed suit for discrimination, alleging that the employer did not renew his contract because it was being pressured to hire… Continue Reading

Ash v. Tyson Foods, Inc. (U.S. Supreme Court)

Posted in Discrimination

Two African-American employees were denied promotions in the defendant’s food processing plant that were ultimately awarded to two Caucasians. Among the proof of discrimination they offered was the fact that their supervisor used the term “boy” in referring to them. The Court of Appeals held that this term was insufficient to show racial bias. Held:… Continue Reading