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Showing 17 posts in Discrimination and Harassment.

"Ok Boomer"... From Internet Meme to Workplace Age Discrimination

December 11, 2019 by Corey J. Swinick

Conflict exists between every generation, at least to some degree, and this is not new. Advancements in technology, the status of the economy, and other large-scale factors create differences in perspective between older and younger generations. But employers should be vigilant and warn employees about the use of "Ok Boomer" and other age-related comments, as well as dismissive attitudes directed towards older workers. Given the prevalence of lawsuits alleging age discrimination and harassment, this latest popular phrase is cause for concern. More ›

The 12 Days of California Labor & Employment Series – Day 2: Longer Statute of Limitations for Harassment, Discrimination, and Retaliation Claims was not on Employers' Holiday Wish List

December 6, 2019 by Mellissa A. Schafer

It's the end of the year and while everyone is busy, employers in California should be aware of new laws and regulations that go into effect on January 1, 2020. In the spirit of the season, we are using the "12 days of the holidays" to blog daily about one of these new California laws and the law's impact on California employers. On the second day of the holidays, my labor and employment attorney gave to me: two turtle doves and AB 9. More ›

California Governor Extends Workplace Harassment Training Deadline to 2021

September 10, 2019 by Mellissa A. Schafer

Last December, this blog detailed SB1343 and the law's requirements for employers with five or more employees to provide anti-harassment training. SB1343 expands existing anti-harassment training requirements, and also covers seasonal and temporary workers. Employers are required to provide their non-supervisory employees with one hour of training, and supervisory employees are required to complete two hours of training. The training must then be repeated every two years thereafter. Originally, the deadline for completing the initial training was set at January 1, 2020. More ›

The 12 Days of California Labor & Employment Series – Day 12 "Expansion of Employer Liability under FEHA"

December 31, 2018 by Mellissa A. Schafer

It is the end of the year and while everyone is busy, employers in California should be aware of new laws and regulations that go into effect on January 1, 2019. In the spirit of the season, we have used the "12 days of the holidays" to blog about one California law a day and that law's impact on California employers. Without further ado, on the twelfth day of Christmas, my Labor and Employment attorney gave to me—twelve lords a leaping and SB 1300. We saved SB 1300 for the end because it is chock full of important changes for employers. More ›

The 12 Days of California Labor & Employment Series – Day 11 "More #MeToo and More Lack of Confidentiality"

December 28, 2018 by Mellissa A. Schafer

It's the end of the year and while everyone is busy, employers in California should be aware of new laws and regulations that go into effect on January 1, 2019. In the spirit of the season, we are using the next "12 days of the holidays" to blog about one California law a day and that law's impact on California employers. On the eleventh day of Christmas, my Labor and Employment attorney gave to me—eleven ladies dancing and AB 3109. More ›

The 12 Days of California Labor & Employment Series – Day 9 "Confidentiality No More When It Comes to Harassment Settlements"

December 26, 2018 by Mellissa A. Schafer

It's the end of the year and while everyone is busy, employers in California should be aware of new laws and regulations that go into effect on January 1, 2019. In the spirit of the season, we are using the next "12 days of the holidays" to blog about one California law a day and that law's impact on California employers. On the ninth day of Christmas, my Labor and Employment attorney gave to me—nine drummers drumming and SB 820. More ›

The 12 Days of California Labor & Employment Series – Day 8 "Anti-harassment Training in Hollywood"

December 24, 2018 by Mellissa A. Schafer

It's the end of the year and while everyone is busy, employers in California should be aware of new laws and regulations that go into effect on January 1, 2019. In the spirit of the season, we are using the next "12 days of the holidays" to blog about one California law a day and that law's impact on California employers. On the eighth day of Christmas, my Labor and Employment attorney gave to me—eight maids a milking and AB 3082 and AB 2338. More ›

The 12 Days of California Labor & Employment Series – Day 2 "Sexual Harassment Training Expanded and Then Some"

December 14, 2018 by Mellissa A. Schafer

It's the end of the year and while everyone is busy, employers in California should be aware of new laws and regulations that go into effect on January 1, 2019. In the spirit of the season, we are using the next "12 days of the holidays" to blog about one California law a day and that law's impact on California employers. Without further adieu, on the second day of Christmas, my Labor and Employment attorney gave to me—two turtle doves and SB 1343. More ›

Being Called a Racist Is Not Unlawful Harassment If Comments Are Not Racially Motivated

March 27, 2018 by Evan J. Bonnett

Employers are equipped and know how to handle complaints of racial discrimination and harassment—or at least should be so prepared. However, facts have a funny way of developing into novel situations. What happens, for instance, if an employee is being called a racist by other employees? More ›

6th Circuit First Appellate Court to Declare Transgender or Transitioning Status Discrimination is Sex Discrimination Under Title VII

March 11, 2018 by Hinshaw & Culbertson LLP

In a milestone decision, the 6th Circuit Court of Appeals held discrimination based on an employee’s transgender or transitioning status violates Title VII. In addition, the court held as a matter of law that a religious employer “cannot rely on customers’ presumed biases to establish a substantial burden” under the Religious Freedom Restoration Act (RFRA). Thus, the employer’s sincerely held religious beliefs did not free it from the proscriptions of Title VII. More ›

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