The California Labor Code section 132(a) is yet another device prohibition discrimination against injured workers (in addition to California Fair Employment and Housing Act or “FEHA”). This section prohibits employer discrimination against an employee based on: * Applying or intending to apply for workers’ compensation benefits; or * Receiving a…
California Labor Code section 432.7 generally prohibits California employers from using as a factor in hiring, or asking an applicant to disclose, an arrest or detention that did not result in conviction or participation in pre- or post-trial diversion programs. However, the above general rule is subject to various exceptions.…
You have been dedicating yourself to your company for years. You have been working hard, proved yourself and your efforts weren’t wasted. You have been promoted multiple times and now you are manager holding an executive/supervisory position. You are happy and proud of your achievement and are excited about the…
Both ADA (Americans with Disabilities act) and its California counterpart – FEHA (Fair Employment and Housing Act) cover disabled employees as well as employees whom the employer has regarded or treated as having had any physical or mental disability or medical condition that makes achievement of a major life activity…
Many workers intuitively believe that just because their co-workers act toward them in a rude or unfair way or just because they are not friendly to them, this is ground for harassment claim in court. It is important to remember, however, that under California law, a conduct is considered harassment…
Under California law, to be actionable/unlawful the harassment at workplace must be sufficiently “severe and pervasive.” This means that, generally isolated comments and incidents, unless egregious, do not rise to the level of sexual harassment as defined by FEHA (California Fair Employment and Housing Act). But, what about staring? Can…
Most employers, especially larger companies include detailed provisions on their anti-harassment at workplace policy. These policies generally serve several purposes. First, the employers are required to implement various harassment training and prevention procedures at workplace. Secondly, these policies are designed to provide an opportunity for employee to address and eliminate…
Many female employees are afraid of telling their boss about their pregnancy. They are concerned about being perceived as less capable and desirable employees and about being terminated. This is especially likely to be the case if a female worker has a well-paying job and cares about her place in…
Unfortunately, it is not uncommon for supervisors to use racial slur and stereotypes as references when criticizing an employee’s performance or otherwise. These comments can be very innocent or obviously degrading and offensive, clearly showing the manager’s hostility towards a given race. To prove racial discrimination, however, it is not…
Generally, under California law, sexual harassment hostile work environment is an unlawful conduct at work place which involves unwelcome sexual advances of a co-worker or a supervisor, which may include sexual innuendos, offensive, inappropriate and sexual touching, and alike. Although these are typical examples of a conduct which is likely…