Top 10 Developments of 2018 in Employment and Higher Education Law: NUMBER 10 – HIGHER ED ROUNDUP 2018 was a year full of legislative action at the federal level. In the higher education sphere, proposed changes to Title IX dominated the news cycles, while changes at the Supreme Court might herald the demise of “affirmative…

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We enter 2017 with a new President, a polarized electorate, an incomplete Supreme Court, and an increasingly isolated California. Against this dramatic backdrop, Glen Kraemer will examine the most important recent appellate decisions and legislation in the equal employment opportunity arena, while forecasting discrimination law trends that could dramatically impact our State in the new…

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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…

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Steve Hirschfeld and Amy Durgan will be presenting the latest information employers need to know about managing risk from hiring to firing, including: Hiring process including criminal background checks, candidate Internet searches, do’s and don’ts in interviews, offer letters and hiring documents Performance management and discipline for attendance, attitude, misconduct, and work performance Rightful termination…

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After reading the Ted Wells investigation report of the Richie Incognito and Jonathan Martin matter, I had several reactions.  Most focused on Incognito’s reprehensible and vile bullying of Martin, primarily aided by his two teammates, Mike Pouncey and John Jerry.  After reflecting on the workplace environment that allowed such repeated atrocious conduct to occur, I…

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Category: Investigations,