The case of Dark v. Curry County from the 9th Circuit federal Court of Appeals adds more complexity to the continuing duty of employers to accommodate qualified employees with known disabilities. Here’s what happened. From the age of 16, Robert Dark suffered from epilepsy. He controls the condition with medication but still endures the occasional [...]
Archive for July, 2006
“In The Dark” about ADA and The Duty To Accommodate?
Posted in Disability Discrimination and Failure to Accommodate on July 31, 2006 | Leave a Comment »
Legislative Pipeline
Posted in New Laws on July 30, 2006 | Leave a Comment »
PENDING LEGISLATIVE CHANGES The following bills are currently pending in California. These bills have not been passed, yet. Minimum Wage Increase – SB 1162 Proposal to raise the state minimum wage to $7.25 on September 1, 2006 and to $7.75 on July 1, 2007, and indexing increases every year thereafter. AB 1835 and 1844 Proposal [...]
When to Engage in the Interactive Process
Posted in Disability Discrimination and Failure to Accommodate on July 30, 2006 | Leave a Comment »
EMPLOYERS MAY HAVE TO DETERMINE WHETHER THEY CAN ACCOMMODATE AN EMPLOYEE EVEN IF THE EMPLOYEE IS NOT DISABLED In Gelfo v. Lockheed Martin Corporation, the California Appellate Court upheld the trial court’s decision that the employee was not “actually” physically disabled. However, the court went on to say that the lower court “erred in failing [...]
Avoiding Costly Mistakes
Posted in Policies & Best Practices on July 30, 2006 | Leave a Comment »
MISTAKES EMPLOYERS MAKE WHEN TERMINATING EMPLOYEES Wrongful termination litigation has become very commonplace in today’s business world. Employers oftentimes make innocent mistakes that, if avoided, can prevent disputes before they occur. The following is a list of common mistakes employers make when terminating employees. Failing to document performance issues when they arise. The time to [...]
Terminating Employees on Extended Leaves of Absence
Posted in Medical Leaves of Absence on July 30, 2006 | Leave a Comment »
HOW LONG CAN AN EMPLOYEE BE OUT OF WORK ON MEDICAL LEAVE BEFORE THE EMPLOYER CAN JUSTIFIABLY TERMINATE THE EMPLOYEE WITHOUT VIOLATING THE LAW? While no case has established a bright line rule that employers can follow when answering this question, Williams v. Genentech, Inc., provides very useful guidance. Rochelle Williams was a receptionist at [...]
Legislative Pipeline
Posted in New Laws on July 30, 2006 | Leave a Comment »
WHAT IS OUR LEGISLATURE DOING TO CALIFORNIA EMPLOYERS? The California legislature is currently debating the following bills. We don’t know which ones will make it to the Governor, or which was he will sign, but keep on the look-out for these proposed laws effecting California businesses: AB 1912 – Misdemeanor to terminate an employee who [...]
Rise of the Precedent Decisions
Posted in Wage & Hour on July 30, 2006 | Leave a Comment »
THE LABOR COMMISSIONER ISSUES MORE PRECEDENT DECISIONS According to California Assembly, the Division of Labor Standards Enforcement (Labor Commissioner) has no authority to issue regulations regarding wage and hour laws. This authority has been delegated only to the Industrial Welfare Commission (IWC). The problem? The IWC has been suspended due to lack of funding. The [...]
History of Violence or Perceived Disability?
Posted in Disability Discrimination and Failure to Accommodate on July 30, 2006 | Leave a Comment »
CAN YOU REFUSE TO HIRE SOMEONE BECAUSE THEY HAVE AN “EMOTIONAL DYSFUNCTION” AND A HISTORY OF VIOLENCE? Maybe not! In Josephs v. Pacific Bell the Ninth Circuit Court of Appeals upheld a jury verdict in Joseph’s favor after Pacific Bell terminated Joseph for lying on his employment application about prior criminal convictions and refused to [...]
Unruh Act Not a Bar to Suit Over Threatened Violence
Posted in Discrimination, Harassment or Retaliation on July 30, 2006 | Leave a Comment »
CAN AN EMPLOYEE SUE HIS EMPLOYEE FOR THREATS OF VIOLENCE AND INTIMIDATION? The California Supreme Court previously held that the Unruh Act, which prohibits discrimination by businesses, does not apply to employment cases. (Rojo v. Kliger (1990) 52 Cal.3d 65). The California Appellate Court in Stamps v. Superior Court recently decided that claims previously believed [...]
Corporate Officers’ Liability for Unpaid Wages
Posted in Wage & Hour on July 30, 2006 | Leave a Comment »
CAN THE LABOR COMMISSIONER HOLD THE CEO OF A CORPORATION PERSONALLY LIABLE FOR UNPAID WAGES? In Jones v. Gregory a California Appellate Court confirmed that a Corporate CEO could not be held personally liable for corporate employees’ unpaid wages. The Labor Commissioner attempted to distinguish itself from the Supreme Court’s recent decision in Reynolds v. [...]
