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California

Court outlines three categories of disability associational discrimination

07/30/2018
A California appeals court has outlined three types of illegal disability associational discrimination. Employers should take note and make sure managers and supervisors understand that they cannot use those reasons to justify not hiring, sidelining or terminating employees who care for or are related to disabled persons.

Problems discovered during protected leave? Document history and details of deficiencies

07/30/2018
Sometimes, managers or supervisors don’t realize the extent of a subordinate’s poor performance until the employee is out on leave and someone else has temporarily taken over the job. If that happens in your organization, be sure to carefully document the deficiencies before you take action.

Weigh several disability accommodations

07/30/2018
The ADA requires employers to provide reasonable accommodations so disabled workers can perform the essential functions of their jobs. If a worker sues, he has an opportunity to conduct discovery and come up with other possible accommodations that were never considered before.

Bay-area IT firm agrees to H-1B visa settlement

07/30/2018
Cloudwick Technologies in Alameda County has settled allegations by the U.S. Department of Labor that it violated H-1B visa requirements when it paid workers much less than the law requires.

Include all relevant details in discipline reports

07/26/2018
When you document disciplinary action, make sure you provide enough detail in your report to put the decision in context. You may need them later to show a judge exactly what you were thinking when you made your decision.

EEOC settles pregnancy bias lawsuit in San Diego

06/26/2018
Tarr & Zenith, a defunct dietary supplement company in San Diego, has agreed to settle charges it discriminated against two pregnant workers.

OSHA ain’t just blowing smoke on whistleblowing

06/26/2018
The U.S. Department of Labor’s Occupational Safety and Health Administration has ordered Chino, California-based Mr. Good Vape to reinstate a manager who reported alleged violations of federal safety laws in its production process.

Refuse a DOL subpoena, go straight to jail

06/26/2018
The owner of GT Drywall in Chino Hills, California, spent some time behind bars after a federal judge tired of his delaying tactics in an ongoing wage-and-hour investigation.

EEOC files disability bias suit against San Diego hotel

06/26/2018
Merritt Hospitality and HEI Hotels and Resorts, who together operate the Embassy Suites San Diego Bay, face an EEOC lawsuit alleging that the hotel failed to grant an asthmatic employee’s accommodation request.

Gov’t employees: No due process claim to promotion

06/26/2018
Public employees have a right to due process before being deprived of the property interest that is their job. Essentially, that means a public employer has to provide “some sort of a hearing” allowing the worker to present his side of the story before being fired. That right doesn’t extend to a promotion not granted.