The California Supreme Court refused to decide whether the “honest belief” defense to discrimination and retaliation claims is valid under California law.  Instead, in Richey v. Autonation, Inc., the Court punted on the decision and found that an arbitrator’s underlying decision was based on “overwhelming” evidence of an employee’s misconduct and that the arbitrator’s application…

Read More ›

In what is potentially the biggest change to California’s employment laws, beginning July 1, 2015, all California employers will be required to provide paid sick leave to all employees who have completed 90 days of work.  With enactment of the “Healthy Workplaces, Healthy Families Act of 2014,” California joins Connecticut as the only two states…

Read More ›

Number 42: Military Veterans And Their Families Gain Employment Rights Veterans’ rights have always been a hot-button political issue, but it took several military conflicts for Congress to confront the employment rights of private sector military veterans.  In the wake of Vietnam War, two wars in Iraq and the so-called War against Terrorism, Congress has…

Read More ›
Category: EEO, FMLA/CFRA,

Number 36: “Family Status” Is Not a Protected Class (…or is it?)  Family status discrimination (“FSD”) is an increasingly recognized term that refers to discrimination against employees on the basis of their caregiving responsibilities, including those that actively participate in providing care for their children, aging parents, or ill or disabled family members.  Despite an…

Read More ›
Category: EEO, FMLA/CFRA,

Last week, the San Francisco Board of Supervisors approved an ordinance that requires employers to consider workers’ requests for flexible work arrangements and predictable work schedules due to caregiving responsibilities.  The ordinance also prohibits discrimination based on an employee’s status as a caretaker or parent.  Edwin M. Lee, the City’s Mayor, has stated his intention…

Read More ›