Employers’ Duty to Prevent Discrimination And Harassment

California employers have an affirmative duty to take reasonable steps to prevent harassment or discrimination from occurring (Government Code 12940(k). Employers’ duty to prevent discrimination requires that employer respond promptly and properly to allegations of harassment or discrimination that are known to it (Trujillo v. North County Transit District (1998)). And it applies equally to Read More …

EEOC Files Disability Discrimination Lawsuit Against Hershey Company

The U.S. Equal Employment Opportunity Commission (EEOC) announced filing a lawsuit on July 19, 2017 against the Hershey Company for allegedly refusing to accommodate a disability and later firing a disabled employee. “Employers cannot ignore a request for a reasonable accommodation from an employee with a disability,” said Nancy Sienko, director of the EEOC’s Seattle Read More …

On Refusing To Reinstate An Employee After Resignation

Generally,  post-termination or post-resignation actions by employers have very little or no legal relevance to any legal case.  Further, unlike being terminated, refusing to reinstate an employee after he resigns is not considered an adverse employment action in the context of California discrimination laws,. This is illustrated by a recent case Featherstone v Southern Cal. Read More …

Include Your Unpaid Wages Claim With Your Wrongful Termination Case

If you are about to file a wrongful termination case against your employer, based on discrimination or retaliation or both, you should make sure you include any claim for unpaid wages or overtime, and any other claims for technical labor code violations, if possible. These may include such violation as failure to provide meal breaks Read More …