Showing 14 posts in Discrimination and Harassment.
The 12 Days of California Labor & Employment Series – Day 12 "Expansion of Employer Liability under FEHA"
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"
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"
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"
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"
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
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
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 ›
The 12 days of California Labor & Employment Series – Day 10 "Expansion of DLSE Powers"
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, 2018. 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 tenth day of Christmas, my Labor and Employment attorney gave to me – ten pipers piping and SB 306. More ›
EEOC Seeks Public Input on Proposed Enforcement Guidance on Unlawful Harassment
The EEOC issued Proposed Enforcement Guidance on Unlawful Harassment on January 10, 2017. It is designed to consolidate numerous agency guidelines into one document and addresses hostile work environment harassment prohibited by statutes enforced by the EEOC. The Guidance examines three primary elements of a harassment claim. First, is the conduct based on a legally protected status; second, is the conduct sufficiently severe or pervasive to create a hostile work environment; and third, is there a basis for employer liability. The 75-page treatise covers key case law since the Supreme Court first recognized harassment as an actionable form of discrimination in 1986. More ›
The Seventh Circuit Clarifies Evidentiary Standards in Employment Discrimination Cases
In Ortiz v. Werner Enterprises, Inc., the Seventh Circuit stated in very clear terms that lower courts and parties to discrimination actions should not divide evidence into direct and circumstantial buckets under the familiar direct and indirect methods of proving discrimination under Title VII of the Civil Rights Act of 1964. The Court’s instruction should apply with equal force to claims brought under the Age Discrimination and Employment Act and the Americans with Disabilities Act. More ›
Topics
- #MeToo
- 100% Healed Policy
- 10th Circuit Court of Appeals
- 11th Circuit Court of Appeals
- 17200
- 1st Amendment
- 1st Circuit Court of Appeals
- 2015 Inflation Adjustment Act
- 2018 Withholding Tables
- 24-Hour Shifts
- 2nd Circuit Court of Appeals
- 3rd Circuit Court of Appeals
- 42 U.S.C. s. 1981
- 42 U.S.C. § 12203(b)
- 42 USC 1983
- 4th Circuit Court of Appeals
- 5th Circuit Court of Appeals
- 62 USC 623
- 6th Circuit Court of Appeals
- 7th Circuit Court of Appeals
- 8th Circuit Court of Appeals
- 9th Circuit Court of Appeals
- A.A.R.P. vs. U.S. E.E.O.C.
- AB 1008
- ACA
- Accommodation
- accomodate
- ADA
- ADA Interference
- ADAAA
- ADEA
- Administration
- Administrative Exemption
- Administrative Warrant
- Adverse Employment Action
- Affirmative Action
- Affordable Care Act
- Age Discrimination
- Age Discrimination in Employment Act
- Age-Based Harassment
- Agreements
- AHCA
- Aiding and Abetting
- Ambulance Attendant
- AMD
- American Health Care Act
- Americans with Disabilities Act
- Amusement Parks
- Annual Summary
- Anti-Discrimination Policy
- Anti-Harassment Policy
- Anti-Retaliation Rule
- Anxiety
- Arbitration
- Arrest Record
- At-Will Employment
- Attorney Fees
- Attorney General Guidance
- Audit
- Automobile Sales Exemption
- Back Pay
- Background Checks
- Ban the Box
- Bankruptcy
- Bankruptcy Code
- Bargaining
- Belmont CA Minimum Wage
- Benefits
- Bereavement
- Biometric Information
- Biometric Information Privacy Act
- Black Lives Matter
- Board of Directors
- Borello Test
- Breastfeeding
- Browning-Ferris
- Burden of Proof
- Burden Shifting
- CAFA
- California
- California Court of Appeal
- California Department of Fair Employment and Housing
- California Employment
- California Fair Employment and Housing Act
- California Family Rights Act
- California Labor Code
- California Labor Code s. 226.2
- California Labor Code s. 230.1
- California Labor Code Section 1197.5
- California Legislature
- California Minimum Wage
- California Senate Bill 826
- California Supreme Court
- Caps
- Case Updates
- Cat's Paw
- CFAA
- Chicago Minimum Wage
- Child Labor Laws
- Childbirth
- Choice of Law
- Church Plans
- Circuit Split
- City of Los Angeles CA Minimum Wage
- Civil Rights
- Claim for Compensation
- Class Action
- Class Action Waiver
- Class Certification
- Class Waiver
- Code of Conduct
- Collective Action
- Collective Bargaining
- Collective Bargaining Agreements
- common law
- Commuting Time
- Comparable Work
- Compensable Time
- Compensation History
- Complaints
- Compliance Audit
- Computer Exemption
- Confidential Information
- Confidentiality Agreement
- Constructive Discharge
- Consular Report of Birth Abroad
- Contraception Services
- Contraceptive
- Conviction Record
- Convincing Mosaic
- Cook County
- Cook County Minimum Wage
- Corporate Board
- Corporations
- Criminal Conviction
- Criminal History
- D.C. Circuit Court of Appeals
- DACA
- Damages
- Deaf
- Defamation
- Defendant Trade Secrets Act of 2016
- Delaware
- Department of Homeland Security
- Department of Economic Opportunity
- Department of Labor
- Department of Workforce Development
- Designation Notice
- Direct and Immediate
- Disability
- Disability & Medical Leave
- Disability Discrimination
- Disability-Based Harassment
- Discrimination
- Discrimination and Harassment
- Disparaging
- Disparate Impact
- Disparate Treatment
- Diversity
- Diversity Policy
- Documentation
- Dodd-Frank
- Dodd-Frank Wall Street Reform and Consumer Protection Act
- DOL
- Domestic Violence
- DOT
- Drug Free Workplace Act
- Drug Free Workplace Policies
- Drug Testing
- Dues
- DWD
- E-Verify
- EAP Exemption
- Eavesdropping
- Education
- EEO Laws
- EEO-1
- EEOC
- El Cerrito CA Minimum Wage
- Election
- Electronic Communication Policy
- Electronic Communications
- Electronic Reporting
- Eleventh Circuit
- Emeryville CA Minimum Wage
- Emotional Distress
- Employee
- Employee Benefits
- Employee Handbook
- Employer
- Employer Health Care Plans
- Employer Mandate
- Employer Policies
- Employer Policy
- Employer Sponsored
- Employer-Employee Relationship
- Employment
- Employment Contract
- Employment Verification
- Enterprise Coverage
- EPA
- Epic Systems v. Lewis
- Equal Employment Opportunity Commission
- Equal Pay Act
- Equal Pay for Equal Work
- Equal Protection
- Equality
- ERISA
- ERISA section 4(b)(2)
- Essential Employment Terms
- Essential Functions
- Estoppel
- Ethnic Equality
- Evidentiary Burdens
- Exclusive Remedy
- Executive Exemption
- Executive Order
- Exempt Employee
- Exempt Status
- Exemption
- Exhaustion of Remedies
- Experience
- Expert
- Expression of Milk
- Extreme or Outrageous
- FAA
- Failure to Accomodate
- Fair Credit Reporting Act
- Fair Employment and Housing Act
- Fair Labor Standards Act
- Fair Pay
- Fair Reading
- Fair Workweek Law
- Fair Workweek laws
- Fairfax Memo
- Family Medical Leave Act
- family planning
- Fast Food
- FCRA
- Federal
- Federal Arbitration Act
- Federal Contracts
- Federal Government
- Federal Register
- FEHA
- fertility
- FICA
- Fiduciary
- Fiduciary Duty
- Fiduciary Rule
- Fifth Circuit
- Final Rule
- Fines
- fingerprints
- First Amendment
- Fitness-For-Duty
- Florida
- Florida Civil Rights Act
- FLSA
- FLSA Exemptions
- Flu Shot
- FMCSA
- FMLA
- FMLA Interference
- Form 300A
- Forum-Selection Clause
- Fourteenth Amendment
- Franchisee
- Franchisor
- Fraud
- Freedom of Speech
- Full-time hours
- garden leave clause
- Gay Rights
- Gender Bias
- Gender Discrimination
- Gender Equality
- Gender Identity
- Gender Identity Discrimination
- Gender Identity-Based Harassment
- Gender Nonconformity
- Genetic Information Nondiscrimination Act
- Georgia
- Gig Economy
- Gig Worker
- GINA
- Goods vs. Materials
- Grocers
- Gross
- H-1B
- Handicap Discrimination
- Harassment
- Hawkins-Slater Medical Marijuana Act
- Health Care
- Health Insurance
- HHS
- Highly Compensated Employees
- HIPAA
- Hiring
- Hiring Policy
- Hiring Practices
- HIV
- Hostile Work Environment
- Hour Tracking
- Hours Worked
- HR
- Human Trafficking
- Hybrand
- I-9
- IDHR
- Illinois
- Illinois Department of Human Rights
- Illinois Human Rights Act
- Illinois Minimum Wage Law
- Illinois Nursing Mothers in the Workplace Act
- Illinois One Day Off In Seven Act
- Illinois Supreme Court
- Immigration
- Incentives
- inclusion
- Income Tax
- Independent Contractor v. Employee
- Independent Contractors
- informed consent
- Injuctive Relief
- Injunction
- Injuries
- Injury and Illness Reporting
- Interactive Process
- Interference
- Internal Applicants
- Internal Complaints
- Internal Revenue Service
- Interns
- Internships
- Investigation
- Iraq
- Iris Scans
- IRS
- IRS Notice 1036
- ISERRA
- Jefferson Standard
- Job Applicant
- Job Classification
- Job Classification Audit
- Job Descriptions
- Joint Control
- Joint Employers
- Joint Employment
- Judicial Estoppel
- Klever v. Carefusion
- LAB s. 226.2
- Labor
- Labor Code
- Labor Dispute
- Labor Organizing
- Las Vegas
- lateral transfer
- Layoff
- Leased Employee
- Leave
- Ledbetter Act
- Legislation
- Lesbian Rights
- LGBTQ
- LGBTQ Rights
- LMRA
- Los Angeles County CA Minimum Wage
- Loss of Consortium
- M.G.L. Chapter 151B
- major life activity
- Malibu CA Minimum Wage
- Mandatory
- Mandatory Arbitration
- Manufacturers
- Marijuana
- Marital Discrimination
- Maryland Minimum Wage
- Massachusetts
- Massachusetts Equal Pay Act
- Massachusetts Pregnant Workers Fairness Act
- Massachusetts Supreme Judicial Court
- Massachusetts Wage Act
- Maternity Leave
- McDonnell Douglas
- Meal & Rest Break
- Meal Breaks
- Meal Period
- Media Mention
- Medical Condition
- Medical Examination
- Medical History
- Medical Marijuana
- MEPA
- MHRA
- Michigan
- Military
- Military Duty
- Milpitas CA Minimum Wage
- Minimum Wage
- Ministerial Exception
- Minneapolis Minimum Wage
- Minneapolis Sick and Safe Time ordinance
- Minneapolis, Minnesota
- Minnesota Human Rights Act
- Minor Employees
- Minors
- Misappropriation
- Misclassification
- Missouri
- Montgomery County Maryland Minimum Wage
- Mount Lemon Fire District v. Guido
- MSHA
- Multiple Sclerosis
- Narrow Construction
- National Labor Relations Act
- National Labor Relations Board
- National Origin Discrimination
- Nebraska
- Negligence
- New Jersey
- New Jersey Compassionate Use Medical Marijuana Act
- New Jersey Law Against Discrimination
- New Moms
- New York
- New York Average Weekly Wage
- New York City
- New York City Human Rights Law
- New York Labor Law
- New York Paid Family Leave
- New York State Human Rights Law
- News
- NJ Paid Sick Leave Law
- NJDOL
- NJLAD
- NLRA
- NLRB
- Non-Compete
- non-competition agreement
- non-supervisory employees
- nonproductive time
- Notice
- Nursing Mothers
- NY State Department of Taxation
- NYSHRL
- Obama Administration
- ObamaCare
- Objectively Offensive
- Occupational Safety and Health Administration
- OFCCP
- Off-Duty Rest
- Off-the-Clock
- Ohio
- Oklahoma
- Older Workers
- On-Call Scheduling
- Only When Rule
- Opinion
- Opinion Letter
- Opposition
- Oregon Minimum Wage
- OSHA
- Other-than-Serious Violation
- Outside Applicants
- Outside Sales Exemption
- Overtime
- OWBPA
- PAGA
- Paid Leave
- Paid Sick Leave Law
- Paid Sick Time
- Paid Time Off
- Parental Leave
- part-time hours
- Partnership
- Pasadena CA Minimum Wage
- Patient Protection and Affordable Health Care Act of 2009
- Pay Equity
- Pay Gap
- Pay History
- Pay Inquiries
- Payroll
- Payroll Taxes
- PDA
- Penalties
- Pennsylvania Minimum Wage Act
- Pennsylvania Wage Payment and Collection Law
- Pension
- Pension Plans
- Perceived Disability
- Permanent Replacement Employees
- Personnel Record
- PFL
- Picket
- Piece-rate
- Policies
- Policy
- Political Affiliation
- Polygraph
- Portland Maine Minimum Wage
- Posting Requirements
- Preemption
- Pregnancy Discrimination
- Pregnancy Discrimination Act
- Pregnant Worker Protections
- Premium Wage
- President Obama
- Pretext
- Preventative Care
- Privacy
- Private Employers
- Professional Exemption
- Protected Activity
- Protected Class
- Protected Concerted Activity
- Protected Speech
- PTO
- PTSD
- Public Employers
- Public Records
- Publicly-Held Corporations
- Punitive Damages
- qualified individual
- Quid Pro Quo
- Race Discrimination
- Racial Discrimination
- Racial Equality
- Racial Harassment
- Reasonable Accomodation
- Recess Appointment
- Reduction in Force
- Regarded As
- Rehabilitation Act
- Religion
- Religious Discrimination
- Religiously Affiliated Employers
- Removal
- Reporting
- Reporting Time Pay
- Republican
- Request for Information
- Respondeat Superior
- Rest Breaks
- Rest Period
- Restaurants
- Restrictions
- Retail
- Retaliation
- Retina Scans
- Rhode Island
- RICO
- RIF
- Right to Control
- Right to Work
- Right-to-Sue
- Rounding Policy
- Safety Programs
- Salary History
- Salary Inquiries
- Salary Inquiry
- Salary Test
- Salespersons
- San Francisco CA Minimum Wage
- San Francisco Parity in Pay Ordinance
- San Leandro CA Minimum Wage
- Sanctions
- Santa Monica CA Minimum Wage
- Sarbanes-Oxley Act
- SB 1300
- SB 1343
- SB 826
- SCA
- SCOTUS
- Seasonal Workers
- SEC
- Secretary of Labor
- Secretary Solis
- Section 7
- Section 7 of the National Labor Relations Act
- Section 8
- Securities & Exchange Commission
- Securities Fraud
- Self Evaluations
- Seperation
- Serious Health Condition
- Serious Violation
- Settlement Agreement
- Seventh Circuit
- Severance
- Severe and Pervasive
- Sex Discrimination
- Sex Stereotyping
- Sex-Based Harassment
- sexual and reproductive health decisions
- Sexual Assault
- Sexual Harassment
- Sexual Orientation Discrimination
- Sexual Orientation-Based Harassment
- Shameless
- Sick Leave
- Similarly Situated
- Social Media
- Social Media Policy
- Social Security
- South Dakota
- SOX
- Split Shift Pay
- SSA
- St. Paul Sick and Safe Time Ordinance
- St. Paul, Minnesota
- Stalking
- Standing
- State Government
- State of Nevada v. US Department of Labor
- Statute of Limitations
- Statutory Exemption
- STD prevention
- Stock
- Street Trade Permits
- strike
- Student Loans
- Students
- Subjectively Offensive
- Subpoena
- Substantial Relationship
- Supervisor
- Supervisors
- Supplemental Wages
- Supreme Court
- Tax
- Tax Credits
- Tax Cuts and Jobs Act
- Tax Implications
- Tax Reform Act
- Teenage Labor
- Temporary Employee
- Temporary Help Agency
- Temporary Schedule Change
- Temporary workers
- Termination
- Texas
- Texting
- Third Circuit
- Time Clock
- Time Records
- Tipped workers
- Title IX
- Title VII
- Title VII of the Civil Rights Act of 1964
- Title VII Retaliation; Faragher/Ellerth
- Tort Liability
- Trade Secrets
- Training
- Trans
- Transgender Rights
- Transitioning
- Transportation Industry
- Travel Time
- Trial
- Trump
- Trump Administration
- U.S. Citizenship and Immigration Services
- U.S. Department of Health and Human Services
- UCL
- Undocumented Workers
- Undue Hardship
- Unemployment
- Unfair Labor Practice
- Union
- Union Dues
- Union Organizing
- United States Supreme Court
- Unlawful Employment Practice
- Unpaid Leave
- Unpaid Wages
- USCIS
- USERRA
- Vacation Accrual
- Vacation Pay
- Vacation Policy
- Vaccination
- Vaccine Requirement
- VEBA
- Verdict
- Vested Rights
- Vicarious Liability
- Virginia
- Voluntary
- Volunteers
- Wage and Hour
- Wage Order 7
- Wage Order 9
- Wages
- Waiting Period
- WARN
- Webinar
- Wellness
- Wellness Program Incentives
- Wellness Programs
- WFEA
- Whistleblower
- White House
- Willful and Repeat
- Wis. Stat. ch. 102
- Wisconsin
- Wisconsin Court of Appeals
- Wisconsin Fair Employment Act
- Withholdings
- Witness Statements
- Work Permits
- Work Restriction
- Work Schedules
- Workers Compensation
- Workplace Bullying
- Workplace Discrimination
- Workplace Injury
- Workplace Injury Reporting
- Workplace Policies
- Workplace Rules
- written release procedures
- Wrongful Termination
- Zarda v. Altitude Express