As a result of the pandemic, many employers have been forced to implement varying degrees of employee work reduction, including furloughs or cutbacks in hours. To keep businesses up and running (and profitable), employers have been forced to scrutinize work and job necessities, as well as the actual production value of personnel and positions. Now…

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Number 45: What Is A Disability? Ever since disability discrimination became illegal, the most pressing question has been how to define a disability.  One of the first issues the courts faced was how to deal with disabilities that could be corrected with mitigating factors.  For example, a nearsighted person may well be substantially limited in…

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Category: EEO,

Number 26: Individuals Cannot Be Liable For Title VII Violations There are all sorts of reasons why an employee would want to avoid discrimination or harassment of co-workers or direct reports, but the one which resonates the most is the potential that the employee can be found individually liable for his or her actions.  But…

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Category: EEO,

Number 5: The Americans With Disabilities Act Becomes Law In 1990 Like many discrimination laws, the Americans with Disabilities Act was born from a grass roots movement.  On Monday, March 12, 1990, disability activists descended on the U.S. Capitol Building, rallying for equal rights for Americans with disabilities.  The rally ended with a remarkable show…

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Category: EEO,

On March 28, 2013, the California Court of Appeals upheld a Los Angeles Court’s ruling in Hatai v. Dept. of Transportation, precluding the Plaintiff, Hatai, from presenting “me too” evidence from other employees allegedly discriminated against by Hatai’s boss. Hatai sued the Department of Transportation (CalTRANS), his current employer, alleging he was discriminated against because…

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