Preferential Reassignment As A Disability Accommodation in California

One type of an accommodation that an employee with a qualifying disability in California may be entitled to is preferential reassignment to a different position that would accommodate that disability. This right has a tendency to “collide” with the employer’s rights with regard to disabled workers. Under the same law, the employers don’t have to Read More …

Three Tips for Answering Questions During HR Investigation

Here are three important tips you should keep in mind when answering the questions of your HR manager or another manager during the HR investigation meeting into your complaints of discrimination of harassment: 1. Never get angry when answering questions. The investigating manger might be doubting what you are saying or asking you the same question Read More …

Bullying

Many workers feel like they are being bullied by their manager. Workplace bullying can range form anything from being micromanaged and told that no matter what you do is not good enough, to being yelled at, cussed at, and otherwise been treated less than respectfully by your manager.  However, workplace bullying, however unfair and hurtful Read More …

Denial of Promotion and Discrimination Cases

There are two important reasons why denial of promotion cases based on claimed discrimination are generally harder to prove and win and are less attractive financially and practically. (a) Limited damages. Both economic and non-economic (emotional distress) damages in failure to promote cases are usually significant lower than in wrongful termination cases. The “value” of Read More …

Requesting Accommodation Is Now A Protected Activity

Until recently, the employers were able to successfully argue that a retaliation claim cannot be made based on requesting accommodation to a disability.  This was due to the California case law that suggested that requesting an accommodation to a disability is not a “protected activity” within the meaning of FEHA anti-retaliation laws, and therefore no Read More …