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Employment Law

Harassment victim doesn’t have to complain right away

10/01/2007

Under Title VII’s sexual harassment provisions, employers have few defenses if supervisors harass subordinates to the point that there’s a hostile work environment. But if the employer has an effective and well-designed complaint process that promises relief, it can reduce its liability—usually even if the harassed employee doesn’t take advantage of that process …

Know applicant’s race? Don’t try to deny the obvious

10/01/2007

You know you aren’t supposed to consider race in hiring decisions. And ideally your organization takes steps to ensure the hiring process is as color-blind as possible. But let’s face facts: Sometimes the person screening applications is going to know the job-seeker’s race (especially when a current employee seeks a promotion). Denying that fact won’t help you if an applicant who doesn’t get the job decides to sue—and it may actually hurt. The applicant can raise the denial as evidence of illegal motive or intent …

When identifying sexual harassment, totality of circumstances tells the tale

10/01/2007

California employees have a right to a work environment free of sexual harassment, and employers are obligated to prevent harassment. But that doesn’t mean that every comment, gesture or look that may be perceived as sexual can be considered harassment …

University of California settles UC Berkeley coach’s sex-Bias case

10/01/2007

On July 19, the University of California agreed to pay a former UC Berkeley women’s swim coach $3.5 million to settle her gender-discrimination claim. Karen Moe Humphreys, an Olympic gold medalist who was a 26-year employee of the university’s Department of Intercollegiate Athletics, argued that she was laid off while less qualified males were hired and retained without regard for the university’s seniority system …

UC: State health care proposals won’t increase business costs

10/01/2007

The University of California Berkeley Center for Labor Research issued a research report on July 11 to determine the impact on businesses’ operating costs of two state health care proposals that aim to expand health care coverage in California. The findings: The effect will be negligible …

Break concerns get airing before California labor commissioner

10/01/2007

On Aug. 2, the California Labor Commission convened a public forum on the topic of meal and rest-break rules to address concerns from employees and employers that the current regulations create confusing and conflicting requirements …

California’s sexual harassment training requirements: The final word

10/01/2007

If you’ve been looking for definitive guidance on California’s Sexual Harassment Training Law (AB 1825), it’s finally here. The Fair Employment and Housing Commission issued final regulations implementing this first-in-the-nation law on April 23, and the Office of Administrative Law approved the regulations on July 18. The regulations include specific direction on the type, length and frequency of harassment training that California employers must provide to their employees …

Can we conduct medical exams before we make offers to out-of-state applicants?

10/01/2007

Q. My company would like to institute a policy of conducting medical examinations on out-of-state applicants when workers interview here for jobs. This would reduce the number of trips an applicant would have to make before beginning employment with our company. The test results would be sealed (so the information cannot be relied upon in making job offers) and would be reviewed only if we offered, and the applicant accepted, a conditional offer of employment. Would such an arrangement violate the ADA? …

Continuation health care coverage: What does California require beyond COBRA?

10/01/2007

Q. I know that the federal Consolidated Omnibus Budget Reconciliation Act (COBRA) requires employers with 20 or more workers to offer continuation health care coverage following a “qualifying event.” Does California law impose additional requirements? …

Do holidays count when calculating FMLA or CFRA leave?

10/01/2007

Q. When determining the amount of leave an employee has used, do holidays count against the 12-week entitlement under the FMLA or the California Family Rights Act (CFRA)? …