The Supreme Court resolved a conflict in appellate decisions regarding whether employees must prove they are “qualified individuals” under California’s Fair Employment and Housing Act (FEHA). The Americans with Disabilities Act (the federal statute prohibiting discrimination against persons with disabilities) specifically includes the requirement that the employee is a “qualified individual,” but the FEHA does [...]
Archive for August, 2007
Disabled Employees in California Must Be “Qualified Individuals”
Posted in Disability Discrimination and Failure to Accommodate, Discrimination, Harassment or Retaliation on August 23, 2007 | Leave a Comment »
Rebirth of the Profit-Sharing Plans
Posted in Wage & Hour on August 23, 2007 | Leave a Comment »
In 2003 a California Appellate Court held that Ralphs Grocery Co.’s profit-based incentive plan was invalid insofar as it considered a store’s costs for workers’ compensation when computing the store profit on which the bonus payments were calculated. The court also concluded that the plan was invalid as to nonexempt employees insofar as it factored [...]
Legislative Attempt to Change Limitations Period For Unequal Pay Claims
Posted in Discrimination, Harassment or Retaliation, New Laws on August 1, 2007 | Leave a Comment »
All civil cases must be filed in court within applicable statutes of limitation. If a plaintiff does not timely file his/her claim, the court will dismiss the matter. Earlier this year, the U.S. Supreme Court concluded that a gender discrimination claim involving unequal pay between men and women begins to accrue when the plaintiff receives [...]
