Employment Law Blog

News, trends and analysis in employment law and HR

Showing posts for: Harassment & Discrimination

Photo of Kara Craig
Mar 09 2018
Harassment & DiscriminationLabor Relations  

NLRB attorney recommends dismissing Google engineer’s complaint

The National Labor Relations Board should dismiss a Google software engineer’s complaint that he was illegally fired for circulating an anti-diversity memo, according to an official opinion from a staff attorney in the Division of Advice for the Board’s Office of the General Counsel. You may recall that in August 2017, the media was…

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Photo of Sean Brown
Jan 17 2018
Q&AHarassment & DiscriminationHiring  

Q&A: Can past lawsuits be a factor in hiring decisions?

Question: We just received an application from a candidate who’s clearly qualified, but we know he sued his last employer for discrimination and we’d rather not hire someone who goes around suing people. Can we get in trouble for rejecting him?

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Photo of Sean Brown
Dec 15 2017
Q&AHarassment & Discrimination  

Q&A: Discrimination – yes, it’s still happening, and employers must take it seriously

The Question: One of our employees is saying his coworkers are using very obscene racial slurs in casual conversation. We trust our supervisors and they’ve said they can’t imagine this is actually happening. What should we do?

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Nov 28 2017
Q&AHarassment & Discrimination

Q&A: When does “creepy” cross the line into sexual harassment?

The Question: A manager told me that two female employees raised concerns about a male employee who was being “creepy”; they said he stood too close to them and made them feel uncomfortable. The manager asked them to report it to HR, but they haven’t come to see me. It doesn’t seem like I have enough to launch a formal investigation. What can I do in this situation?

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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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