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Compliance/Best Practices Employment Law Legal Topics

7 Topics Not to Discuss with a Job Applicant

When it comes to job applications and pre-employment interviews, there are certain topics that are off limits.  Here are seven topics to stay away from.

Categories
Business Law Compliance/Best Practices Employment Law

Job Interview Questions: Steer Clear of Sex Identity and Sexual Orientation

140155267There are some interview or application questions that might elicit information that could get an employer into legal hot water if used to make an employment decision. Questions that touch on sex identity and sexual orientation should be off-limits. Here are some acceptable and unacceptable questions to help employers avoid problems in this area.

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Employment Law Legal Topics

Should You Go on the Offense Against a Wrongful Termination Plaintiff?

493444849When sued by a former employee for wrongful termination, many employers feel that the best defense is a strong offense and want to attack back with a cross-complaint. But is this a good game plan?

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Checklists Compliance/Best Practices Employment Law

Immigration Issues Dos and Don’ts for Job Interviews

interview_164665580There are many subjects that require care when conducting a job interview. Immigration is definitely one of them. Given the increased awareness and sensitivity to immigration status issues, employers need to watch their questions.

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Employment Law Legal Topics New Legal Developments

An Overall Victory for Employers in Mixed-Motives Cases

The following is a guest blog post by Jeffrey Osofsky, an attorney at Munger, Tolles & Olson LLP in Los Angeles with a practice focusing on defending employers and individual managers against employment-based lawsuits. Mr. Osofsky wishes to thank Munger Tolles Partner Terry Sanchez for his assistance with this post.

stress_160488269California’s Fair Employment and Housing Act generally prohibits employers from basing their employment decisions on certain protected characteristics (race, sex, pregnancy, etc.). But what happens when an employer sued for discrimination can show that, despite any unlawful consideration, it would have reached the same decision about that employee anyway? 

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Employment Law Legal Topics

6 Steps to Evaluate a Wrongful Termination Case

A potential client comes to you complaining that he or she was wrongfully fired. Before jumping to grab your retainer agreement, be sure this is a case you really want to take.

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Compliance/Best Practices Employment Law Legal Topics

Lucky 13: Best Practices for Immigration Issues in Hiring

Compliance with immigration laws is getting increasing media and enforcement attention, putting more pressure on employers. And don’t forget the Supreme Court’s recent decision upholding “Arizona’s ‘business death penalty’ for employers who repeatedly hire undocumented workers.” As a result, employers need to be proactive and make affirmative strategic decisions on immigration issues in hiring. 

Categories
Business Law Employment Law Legal Topics New Legal Developments Real Property Law

Protection Against Discrimination Based on Genetic Information Is Coming Soon

The new year will bring another category of prohibited discrimination in California  — discrimination based on genetic information will no longer be legal.

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Civil Litigation Criminal Law Legal Topics Litigation Strategy

Challenging an Adverse Ruling on Bias in Peremptory Challenges Is a High Hurdle

It’s becoming harder to establish that a peremptory challenge to a potential juror is discriminatory. It sometimes seems that almost any justification for striking a racial minority or a woman from the jury venire will be accepted. And woe to a party who is challenging a trial court’s finding against the existence of discrimination — talk about high hurdles.

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Employment Law

Is Weight Discrimination the Next Legal Frontier?

As Corporate Counsel puts it, “[t]he day of weight discrimination as a legal matter is only dawning.” The ramifications of such laws are vast and frightening to employers. Instead of being afraid, employers, and the attorneys who represent them, need to be prepared for likely growth in this area of the law.