US Employment Law Sarah K Goldstein Director of Employment Practices Los Angeles Office sgoldsteinkdvlawcom Telephone 3107756522 Presentation Roadmap HarassmentDiscrimination Protected Categories ID: 574503
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Hot Topics In U.S. Employment Law
Sarah K. Goldstein
Director of Employment Practices,
Los Angeles Office
sgoldstein@kdvlaw.com
Telephone: 310.775.6522Slide2
Presentation RoadmapHarassment/DiscriminationProtected CategoriesWage & HourEmployment Practices Liability InsuranceBest PracticesSlide3
Title VII – Discrimination & HarassmentDiscrimination: It is unlawful for an employer to fail or refuse to hire or discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin
. Harassment: Harassment is an act committed by a person that makes another feel uncomfortable, offended, intimidated or oppressed. In order for it to be workplace harassment, it should happen in an environment like an office, a store, a school, a factory or any place where people are employed and conduct
work. Harassment is a form of discriminationSlide4
Protected Categories Under Federal Law
Title VII prohibits discrimination on account of:
Race
National Origin
Sex
Religion
Color
An
employer can fire an employee for a good reason,
a
bad reason or no reason at all. As long as it‘s not for an illegal
reason.Slide5
Title VIIWhat Discriminatory Practices Are Prohibited?hiring and firing, compensation, assignment, or classification of employeestransfer, promotion, layoff, or recall
job advertisementsrecruitment; testing; use of company facilities
training and apprenticeship
programs
fringe
benefits
pay, retirement plans, and disability
leave
other terms and conditions of employment
Case ExamplesSlide6
Sexual HarassmentQuid Pro Quo vs. Hostile Work EnvironmentCase ExamplesSlide7
ADEA – Age DiscriminationAge Discrimination in Employment ActProtects individuals who are 40 years of age or older from employment discrimination based on ageOlder Workers Benefit Protection ActSlide8
ADA – Disability DiscriminationAmericans with Disabilities ActDisability DiscriminationWhen an employer treats a qualified individual with a disability who is an employee or applicant unfavorably because she has a disability.
Reasonable AccommodationSlide9
Equal Pay ActRequires that men and women in the same workplace be given equal pay for equal workJobs need not be identical, but they must be substantially equalCovers all forms of paymentSlide10
GINAGenetic Information Nondiscrimination ActProtects employees against discrimination based on their genetic information when it comes to health insurance and employment Slide11
USERRAUniformed Services Employment and Reemployment Rights ActReturning service-members must be promptly reemployed in the same position that they would have attained had they not been absent for military service
Same seniority, status and pay, as well as other rights and benefits determined by seniority Slide12
Additional Protected Categories By State
California:Sexual Orientation
Physical or Mental Disability (including HIV/AIDS)
Marital Status
Refusal of Family Care Leave
Age
Ancestry
Religious Creed – Includes Dress and Grooming Practices
Genetic Information
National Origin (Includes Language Use Restrictions)
Gender (Includes Gender Identity and Gender Expression)Slide13
Whistleblower / RetaliationOccupational Safety & Health Administration (OSHA) Whistleblower Protection ProgramProtects employees who report violations of various workplace safety, financial reform, food safety, health insurance reform, securities laws, etc.
RetaliationBlacklisting, demoting, denying overtime or promotion, disciplining, denial
of
benefits, failure
to hire or
rehire, reducing
pay or
hours, intimidation, etc.Slide14
Wage and HourWage and hour law is regulated by both the federal Fair Labor Standards Act (FLSA) and a variety of divergent state laws.Overtime, Rest Periods, Meal Periods and Payment of CommissionsPlaintiffs brought 7,764 suits between April 1, 2012, and March 31, 2013, about a 10 percent jump since
2012. Up for a 5th straight year.Slide15
Wage and HourTop three groups of employees most likely to bring a wage claim: Salaried employees who believe they are owed overtime pay; Hourly workers who contend they weren’t paid for all hours worked; Restaurant
workers who claim they are owed additional pay under the FLSA’s “tip credit” provision.Slide16
Insurance CoverageCoverage decisions made by insurerAttorney’s duties and obligations run to the insured, NOT the insurance company.Generally, no indemnity dollars for wage & hourIntentional acts not covered – i.e., sexual battery
Punitive damages not coveredSlide17
Workplace Investigations
Immediate good faith prompt investigationStart with complainant, witnesses
Be on the lookout for social media
Independent investigator
Communicate findings to complainant
Discipline if needed
Separation of employees usually a good ideaSlide18
Best Practices
Complete hiring strategyBeware of Social MediaEmployment AgreementsJob DescriptionsEmployee HandbookComplaint PolicySlide19
Best Practices (Continued)Dedicated Human Resources or outside assistanceUse progressive discipline when possibleConduct performance evaluationsDocument, document, document!
Be fair/respectfulSlide20
Questions & Answers
Sarah K. Goldstein
Director of Employment Practices,
Los Angeles Office
sgoldstein@kdvlaw.com
Telephone: 310.775.6522