People today can (and do) work from anywhere—connected through the Internet, WiFi, and cloud-based platforms with a variety of mobile devices. This makes preventing confidential and proprietary business information from “walking out the door,” whether intentionally or not, a nightmare for employers. Having a Bring Your Own Device (BYOD) policy may help.
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?
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.