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California

Broad arbitration agreement can cover even unusual claims

02/03/2020
Challenging the legality of a specific arbitration agreement is one way employees might try to get out of it. When that fails, their attorneys may try to come up with a novel claim that doesn’t seem to fit neatly into the agreement. Fortunately, they rarely succeed.

Short-lived, minor illness doesn’t qualify as disability under FEHA

02/03/2020
The California Fair Employment and Housing Act outlaws disability discrimination. It includes definitions of disability, including physical disabilities that affect the digestive system if the condition limits a major life activity. But that doesn’t mean that every minor or transient digestive upset qualifies for protection, as the following case shows.

Judges know work can be unpleasant—and they’re willing to cut you some slack

02/03/2020
Not every complaint of unfair or unpleasant treatment at work justifies a lawsuit. Rest assured that judges are often willing to defer to employer decisions unless there’s solid proof of biased behavior.

‘Bye, Felicia’ comment not discriminatory

02/03/2020
Unless disrespect crosses the line into racial, sexual, religious or other harassment based on a protected characteristic, misbehavior won’t support a lawsuit.

Retain every résumé, application you receive

02/03/2020
When you receive résumés and applications for open positions, it’s best to keep those documents even if they are from people you don’t end up interviewing. Here’s why: If you are later sued for failure to hire or promote, you may need those documents to justify your decisions.

Employees have more time to file FEHA bias charges

02/03/2020
Employees who want to file discrimination, harassment or retaliation charges against their employers under the California Fair Employment and Housing Act now have more time to do so.

Prepare to offer more leave for California organ donors

02/03/2020
Effective on Jan. 1, 2020, employees in organizations with 15 or more employees in California may now take additional leave to donate organs.

EEOC negotiates installment plan settlement

01/16/2020
If you think you can escape the EEOC’s wrath because you’re a small employer in a low-margin business, think again. Just because you can’t afford even a modest settlement doesn’t mean the EEOC won’t pursue litigation against you.

Health care models best practices for nursing working mothers

01/08/2020
How the health care industry handles women returning to work after giving birth can serve as best practices for all employees. Because health care employs women extensively, particularly those of childbearing age, it can serve as a natural laboratory in what works and what doesn’t for others.

Court refused to extend filing deadline

01/08/2020
Courts often give leeway to employees who try to represent themselves. However, except in unusual circumstances, that rarely extends to providing additional time to sue.