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
The EEOC Is Now Officially An Employee Side Employment Law Firm
For years, California’s employers have suspected that the EEOC is not the neutral investigative agency it holds itself out to be. Through the process of dealing with recalcitrant advocates, err investigators, employers know all too well that often times the EEOC seems to be on a mission that is anything but a straight forward fact finding mission. The EEOC’s latest alleged actions further demonstrate that this Federal Governmental Agency may now have fully crossed the Maginot line into the land of openly being one of the many employee side plaintiff’s law firms that dot California’s golden shores.
Continue Reading The EEOC Is Now Officially An Employee Side Employment Law Firm
The Value and Risks of Severance and Release Agreements
In appropriate circumstances, a severance agreement containing release-of-claims provisions may be the most desirable way to end an employment relationship with an employee. Such agreements can facilitate a smooth transition while greatly reducing the employer’s exposure to costly lawsuits alleging wrongful termination, discrimination, retaliation, or other theories of recovery. However, there can be downsides to such agreements too.Continue Reading The Value and Risks of Severance and Release Agreements
THE EEOC IS “OFF TO THE GINA RACES”
JUST ONE WEEK AFTER FILING (& SETTLING) IT’S FIRST EVER “GINA” LAWSUIT, IT HAS NOW FILED ITS FIRST “GINA” CLASS ACTION
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 in Corning, N.Y.Continue Reading THE EEOC IS “OFF TO THE GINA RACES”
EEOC Issues Revised Publications Regarding the Employment Rights of People with Specific Disabilities
On May 15, 2013, the EEOC issued a press release announcing revised publications regarding employment rights for four categories of individuals with specific disabilities. The publications address how the Americans with Disabilities Act (ADA) applies to applicants and employees with cancer, diabetes, epilepsy, and intellectual disabilities.Continue Reading EEOC Issues Revised Publications Regarding the Employment Rights of People with Specific Disabilities