Employment Law Blog

News, trends and analysis in employment law and HR

Showing posts for: Harassment & Discrimination

Photo of Jackie Marks
Oct 24 2017
Harassment & DiscriminationTermination & Resignation  

Q&A: Employer may require employee to disclose romance with subordinate

Question: Our company policy prohibits employees from supervising their family members or people with whom they have a romantic relationship. I believe a female supervisor is romantically involved with one of her direct reports. Can I ask both employees about the relationship and require that they disclose the nature of their relationship? And if either or both of the employees refuse to answer, can I take disciplinary action?

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Photo of Karen Davis
Oct 23 2017
Affirmative ActionHarassment & Discrimination  

OFCCP secures significant settlements from federal contractors

The Office of Federal Contract Compliance Programs (OFCCP) hustled to wrap up major financial settlements from federal contractors as the federal government’s fiscal year drew to a close on September 30, 2017. The settlements were the result of the OFCCP’s focus on hiring, placement (“steering”), and compensation practices during random affirmative action audits. Below…

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Oct 19 2017
Harassment & DiscriminationHiringImmigrationLeave LawsWage and Hour

California Governor signs a slew of new legislation in 2017

The 2017 California legislative session has drawn to a close, and Governor Jerry Brown recently signed a slew of new bills affecting private employers. Below are the major employment-related bills that affect most California employers. All of them take effect on January 1, 2018. AB 168: Bans employers from asking job…

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Photo of Jodi Slavik
Oct 13 2017
DisabilityHarassment & DiscriminationTermination & Resignation  

Ninth Circuit okays termination of employee with sleep apnea

Finding no evidence of discrimination under California’s Fair Employment and Housing Act (FEHA), the U.S. Ninth Circuit Court of Appeals ruled that a railroad terminated a train engineer because of his poor attendance, not his diagnosed sleep disorder. Although this case was brought under FEHA, the analysis was the same as it…

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Photo of Kandis Sells
Oct 03 2017
Harassment & Discrimination  

Pregnancy Discrimination Act covers breastfeeding

A recent court of appeals decision serves as a good reminder that women are protected by the federal Pregnancy Discrimination Act (PDA) from discrimination or retaliation for requesting workplace accommodations for expressing breast milk. The PDA prohibits employers with 15 or more employees from discriminating against a woman because she…

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Photo of Karen Davis
Sep 19 2017
Affirmative ActionHarassment & Discrimination  

OFCCP audit results in $3.22 million payment by B&H Foto

Following an affirmative action audit by the Office of Federal Contract Compliance Programs (OFCCP), federal contractor B&H Foto & Electronics Corp. has agreed to pay $3,220,000 in back pay and interest to affected workers. The OFCCP alleged that the company systematically discriminated against applicants and employees in its warehouse in Brooklyn Navy…

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Photo of Jackie Marks
Aug 28 2017
Q&AHarassment & DiscriminationHiring  

Q&A: Altering usual hiring process could lead to retaliation charge

Question: A former employee has reapplied for a job at our company. After she quit about three years ago, she filed a discrimination charge with the Equal Employment Opportunity Commission (EEOC). The charges were dismissed, but we don’t really want her back again. We don’t have to hire her, do we?

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Aug 24 2017
Harassment & Discrimination

Objective layoff criteria fend off age discrimination claim in California

A California employer successfully defended itself against an age discrimination claim when it relied on objective reasons to implement a reduction in force (RIF). A 60-year old employee claimed that his hotel employer selected him for a RIF due to his age and that this violated California’s Fair Employment and Housing Act…

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