6 Ways Employers May Inadvertently Engage in Age Discrimination

Employers generally can’t use an applicant’s age as a hiring criterion without violating California’s Fair Employment and Housing Act (see Govt C §12940(a)) and the federal Age Discrimination in Employment Act of 1967 (29 USC §§621–634). Most employers know this and make sure not to ask about the applicant’s age. But they often ask other questions or include language in a job posting that run afoul of the law. Continue reading

Checklist to Ensure Compliance with Disability Discrimination Laws

Every employer should have a program in place to ensure compliance with the Americans with Disabilities Act (ADA) and the Fair Employment and Housing Act (FEHA). The following checklist of steps for employers to take could, at a minimum, constitute such a program. Continue reading

Should Employers Use Intelligence and Personality Tests in Hiring?

When vetting job applicants, employers want to use as many tools as possible. In addition to testing for particular skills, employers may consider intelligence or personality tests. But these types of tests may be a bad idea: they have questionable benefits and can put the employer in legal hot water. Continue reading

Settling Employment Cases: Think Beyond Money

thinkstockphotos-512549722When you’re negotiating settlement of an employment action, you have much more to consider than just “how much money.” There are many nonmonetary remedies that can—either alone or combined with money—bring the parties to agreement. And how money is paid out can also be a good bargaining chip. Continue reading

Spouses in the Workplace: Allow or Prohibit?

ThinkstockPhotos-496514968Employers often face the issue of whether to allow spouses or other family members to work together. Regardless the side the employer falls on, there is potential liability lurking. Continue reading

Is Telecommuting a Reasonable Accommodation?

200276540-001Employers are often asked to allow an employee to telecommute as a reasonable accommodation for a disability. Should employers always grant such requests? What considerations come into play? Here’s a checklist to help employers consider and respond to a request to telecommute as an accommodation. Continue reading

How to Protect Rights of Transgender Employees

ThinkstockPhotos-496092954Most employers know that discrimination against transgender and other gender-nonconforming persons is prohibited in California. But many employers have been confused about what legal rights transgender employees have and how to protect them. The Department of Fair Employment and Housing has offered help with its newly-released Transgender Rights in the Workplace: FAQ for Employers. Continue reading

10 Steps to Hiring Without Violating Disability Discrimination Laws

stk205067rkeRegardless of whether a job applicant has an apparent disability, employers should always follow these 10 steps to reduce the risk of liability for running afoul of the anti-discrimination provisions of the ADA or the FEHA. Continue reading

Got an Employment Case? Consider Mediation

mediation_80405170Deciding whether and when to mediate an employment case can be complex, but here are some factors that will help both sides of the case make the decision. Continue reading

Action Plan for Handling Harassment Claims

79166511Just in case employers have forgotten how critical it is to avoid and properly handle harassment claims, the recent $1.5 million settlement against JPMorgan should serve as a reminder. Advise all employers to take action and have a plan to protect employees and minimize harassment claims. Continue reading