Articles and News Discrimination
Harassment & Discrimination
Supreme Court Holds Statutory Discrimination Claims Can Be Subject to Arbitration Provisions in CBAs
Written by The Saqui Law Group Thursday, 08 April 2010 21:51
In 14 Penn Plaza v. Pyett, the U.S. Supreme Court recently held that under a CBA, a union and an employer can enter into binding arbitration agreements that explicitly require statutory discrimination claims to be submitted to arbitration with appropriate law being applied.
Employer Avoids Violation of 132a Discrimination Claim
Written by The Saqui Law Group Thursday, 25 March 2010 16:55
A California Court of Appeals held that an employer did not violate section 132a by not allowing an employee to return to work for two months while they attempted to obtain clarification of the employee’s medical certificates.
Read more: Employer Avoids Violation of 132a Discrimination Claim
Plaintiff Pays the Costs after CDPA Loss
Tuesday, 23 February 2010 09:42
On February 5, 2010, A California Court of Appeals in the case of Jankey v. Song Koo Lee decided that a prevailing defendant could recover attorney's fees under California Civil Code § 55 after being sued under the California Disabled Persons Act ("CDPA"). The defendant was subsequently awarded $118,458 in fees pursuant to the court's decision.
Title II of GINA Now in Effect
Wednesday, 20 January 2010 07:59
Title II of the Genetic Information Nondiscrimination Act (GINA) took effect as of November 21, 2009. GINA prohibits employers, employment agencies, insurers, and unions from discriminating on the basis of genetic information.
Some Minor Dilemmas: Agricultural Employers with Youthful-Appearing Employees
Wednesday, 23 December 2009 16:59
Recently, many Agricultural employers have been faced with a common problem. These employers specifically want to know whether they can ask youthful-looking employees about their age and ask those employees to provide identification to prove that they are over eighteen.
Read more: Some Minor Dilemmas: Agricultural Employers with Youthful-Appearing Employees
Hidden Video Surveillance Did Not Violate Employees’ Privacy Rights
Written by Michael C. Saqui and Anita L. Rimes Wednesday, 12 August 2009 12:07
The California Supreme Court held in Hernandez v. Hillsides Inc., No. S147552 (August 3, 2009), that an employer who, for legitimate reasons, installed a hidden surveillance camera in an office and took effective steps to avoid videotaping employees during normal working hours did not violate employees' right to privacy.
Read more: Hidden Video Surveillance Did Not Violate Employees’ Privacy Rights
The Supreme Court Held It Was Unlawful For The City To Refuse To Certify An Exam Because A Disproportionate Number of Minorities Did Not Pass
Written by Michael C. Saqui and Anita L. Rimes Tuesday, 07 July 2009 15:16
Last week, the United States Supreme Court in Ricci v. DeStefano ruled that the City of New Haven violated Title VII of the Civil Rights Act of 1964 by discarding the results of a firefighter promotion test where a group of white applicants and one Hispanic scored disproportionately better than other minority applicants. In 2004, the City threw out the results of a promotion test for firefighters because no black applicants scored high enough to qualify for a promotion. Consequently, the white firefighters who passed the test but were denied a promotion filed a reverse discrimination lawsuit.
Victory for Employers in Age Discrimination Case
Tuesday, 23 June 2009 16:15
Last week, the Supreme Court issued its opinion in Gross v. FBL Financial Services, No. 08-441 (June 18, 2009), a case brought by Jack Gross a 54-year-old man that claimed he was demoted because of his age when he was transferred to a new position and some of his duties were assigned to a younger female employee in a newly created position. Gross received the same compensation in the new position as he did in his former position. Gross sued under the Age Discrimination in Employment Act (ADEA), the federal law prohibiting discrimination against employees age 40 and older.
Employers Lilly Led-Better Watch out
Written by Michael C. Saqui and John F. McCarthy Monday, 09 February 2009 10:12
The first bill President Barack Obama signed into legislation sent a clear message to employers-- watch out. Lilly Ledbetter started working for Goodyear Tire in 1979. She accepted an early retirement in 1998.
Kovacevich 5 Farms Agrees to $1.6 Million Settlement in Gender Discrimination Hiring Case
Written by Michael C. Saqui and John F. McCarthy Friday, 05 December 2008 12:10
Kovacevich 5 Farms in Delano, California agreed to pay $1.6 million to settle a 2006 federal lawsuit for refusing to hire women. During an investigation, the EEOC found that from 1998 to 2002, Kovacevich hired about 300 seasonal workers each year to harvest grapes. The EEOC also found out none of the seasonal workers were women. Kovacevich stood out like a sore thumb as neighboring vineyards and farms employed 30%-35% womenRead more: Kovacevich 5 Farms Agrees to $1.6 Million Settlement in Gender Discrimination Hiring Case
