There 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. Continue reading
When 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? Continue reading
There 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. Continue reading
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.
California’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? Continue reading
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. Continue reading
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. Continue reading
Employment litigation can be highly charged; both sides may be emotional about the case as well as being concerned with the costs of litigation and the time it will take. Given that reality, don’t pull the trigger on bringing an employment case until you’ve followed these five steps. Continue reading
The following is a guest blog post by Alan D. Weinfeld of Parker, Milliken, Clark, O’Hara & Samuelian in Los Angeles.
Roommate listings often express a preference for a person of a certain sex, religion, or familial status — e.g., “looking for single, Christian female to share apartment, no kids or pets.” Do the operators of these listings violate fair housing laws by facilitating discrimination against potential roommates who don’t fit the preferred characteristics? Continue reading
The following is a guest blog post by Gregory Grinberg, workers’ compensation sole practitioner servicing the Northern California Bay Area. His firm specializes in workers’ compensation defense law, and his blog, WCDefenseCA, deals with California workers’ compensation issues.
One of the most reassuring things about insurance, even workers’ compensation insurance, is the thought that the unknown, those risks that threaten businesses and hopes and dreams, are now covered. Being insured can provide a great sense of relief, but sometimes an illusory one. Continue reading
The new year will bring another category of prohibited discrimination in California — discrimination based on genetic information will no longer be legal. Continue reading