TOP 10 EMPLOYMENT LAW DEVELOPMENTS OF 2018: No. 6 – #METOO’s DRAMATIC IMPACT ON SEXUAL HARASSMENT LEGISLATION The #MeToo movement went viral on social media and in the news in October 2017 and triggered the most significant changes in California’s sexual harassment laws to be seen in a long time. In response to the #MeToo…

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As we previously blogged here, in April 2016, in Kilby v. CVS Pharmacy, Inc., the California Supreme Court ruled, without providing much guidance, that suitable seating is required “when the nature of the work reasonable permits the use of seats.” Last fall, Bank of America (BofA), in a similar representative action, agreed to settle a…

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Number 49: EEOC Takes On Background Checks Throughout this series, we have touched on facially neutral policies which, although not motivated by unlawful discrimination, have a discriminatory effect on certain protected classes.  For over 40 years, the courts have recognized this so-called “disparate impact” theory of discrimination.

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Category: Background Checks, EEO,

Number 29: The EEOC Requires Employers to File EEO-1 Reports The EEOC is tasked not only with enforcement and adjudication of employment discrimination; it also has data-collecting requirements.  In some cases, that data-collecting is easy: the EEOC can easily count the number and type of discrimination and harassment charges it receives every year.  But, the…

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Category: EEO,

Number 12: The FMLA Becomes Law In 1993 Just over twenty years ago, employees who needed to take time off work for an extended period to tend to their own or family members’ health had no national law guaranteeing they could take a leave of absence with the comfort of knowing that their job would…

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Category: EEO,