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What is considered employment discrimination?

California attorneys - race discrimination cases - Kingsley and KingsleyEmployment discrimination is not only wrong, it is illegal and there are laws in California to protect employees. In fact, both state and federal laws protect employees.  As the employee, you cannot control if discrimination happens to you, but you can familiarize yourself with the general types of employment discrimination and take appropriate legal action.  Each employment-related law contains different protections, definitions, penalties, and mechanisms for enforcement.

Here are several resources for you that discuss the specifics of employment discrimination:

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SCOTUS Decides in Religious Discrimination Case v. Abercrombie & Fitch

Religious Discrimination Can Be Established Even in Cases Where the Employer Does Not Ask Whether the Applicant Requires Religious Accommodation

religious discrimination | Kingsley & Kingsley, Encino, CA - California lawyerOn June 1, 2015, the United States Supreme Court held that a job applicant can establish religious discrimination under Title VII of the Civil Rights Act of 1964 without proof that the employer had “actual knowledge” of the applicant’s need for an accommodation. Writing on behalf of eight of the Court’s nine Justices, Justice Scalia went on to explain that the applicant “need only show that his or her need for an accommodation was a motivating factor in the employer’s decision”…“an employer may not make an applicant’s religious practice, confirmed or otherwise, a

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What You and Your Employer Should Do When Sexual Harassment Occurs

Sexual Harassment – Definitions and Employer Responsibilities

sexual harassment, California law, Kingsley & Kingsley, Encino, CA - lawyersCertain behaviors, such as promised promotions, awards, training or other job benefits upon acceptance of unwelcome actions of a sexual nature, are always wrong. Behaviors such as those are examples of sexual harassment which is against the law.

California and Federal law generally defines sexual harassment as unwanted or unwelcome conduct of a sexual nature. Harassment can come in a variety of forms. It can be verbal, visual/non-verbal or

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Mandatory Paid Sick Leave Starts July 1, 2015

paid sick leave, Kingsley & Kingsley | California attorney, Encino, CAAs we reported in a post September of last year, California became the second state to require paid sick leave with the passage of the Healthy Workplaces, Healthy Families Act of 2014 (Act).

Also known as Assembly Bill 1522, the Act provides that all employees working in California for 30 or more days within a year from the commencement of employment are entitled to paid sick leave, which means that temporary and part-time employees may be eligible. Sick leave must either (i) accrue at the rate of no less than one hour for every 30 hours worked, or (ii) total at least three days or 24 hours and be provided in full at the beginning of the year.

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SEC Proposes Pay Versus Performance Disclosure Rules

Rules Would Implement a Requirement Mandated by the Dodd-Frank Act

executive pay versus performance - Kingsley & Kingsley, Encino, CA - California attorneyOn April 29, 2015, the SEC proposed rules on the disclosure of executive pay versus company performance. The proposed rules implement Section 953(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, which directs the SEC to adopt rules requiring public companies to disclose the relationship between executive compensation actually paid and the financial performance of the company.

Highlights of the Proposed Rules

According to the SEC, the proposed disclosure would be required in proxy or information statements in which executive compensation disclosure is required.

Further, the proposed rules would require companies to

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What to Do if You Feel You Have Been a Victim of Sexual Discrimination

What to do if you have experienced Sexual Discrimination at Work

sexual discrimination at work | Kingsley & Kingsley, California attorney, lawyers CAAlways remember that federal and state laws are in place to protect you from sexual discrimination at work. If you believe you have been a victim of sexual discrimination, it’s important to know what to do especially in California.

Below are five critical steps you need to take:

  • Document the situation.  Make notes on your home computer or personal note pad that include: date(s), location, time, witnesses, and details of the incident.  If there is a witness, ask them to do the same.  Be sure that you do not keep this documentation at work.
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Eric Kingsley, ADL Leadership Meet with French Ambassador

Eric Kingsley Among ADL Leadership Who Met with French Ambassador Araud

kingsley ADL French Ambassador, California lawyer, Encino, CAAs reported by Anti-Defamation League (ADL) Pacific Southwest Region, French Consul General Axel Cruau held a small reception for visiting French Ambassador to the US Gérard Araud. ADL International Affairs and Executive Committee members Eric Kingsley, Maurice and Kim Lewitt, Nicole Mutchnik, and Mary Weissmann joined Regional Director Amanda Susskind together with other Jewish community leaders in Los Angeles for the April 28th meeting.

According to ADL reports, Ambassador Araud

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Kleiner Perkins Prevails in Gender Discrimination Case

Ellen Pao v. Kleiner Perkins Caufield & Byers LLC

Background

gender discrimination | California lawyers, Kingsley & Kingsley, Encino, CAEllen Pao filed suit against Kleiner Perkins in 2012 for $16 million in damages for gender discrimination and retaliation, plus unspecified punitive damages. She alleged that Kleiner Perkins had promoted male partners over equally qualified women at the firm, including herself, and then retaliated against her for raising concerns about the firm’s gender dynamics by failing to promote her and finally firing her. Federal and California labor employment laws carry various tenets, statutes and regulations designed to shield workers of either gender from unwanted or unfair discrimination.

Kleiner Perkins responded that Pao, in its view, lacked “the ability to lead others, build consensus and be a team player,” attributes the defendant claims are needed for success in the

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Pregnancy Accommodation – Did SCOTUS Provide Clarity?

Background – Young v. United Parcel Service, Inc.

young vs. ups pregnancy accommodationThe plaintiff, Peggy Young, was employed as a delivery driver for the United Parcel Service (UPS) in 2006, when she requested a leave of absence in order to undergo in vitro fertilization. Following a successful procedure, Young became pregnant and her doctors advised her to not lift more than twenty pounds while working. This advice contradicted UPS’s employee policy which requires their employees to be able to lift up to seventy pounds. Due to Young’s inability to fulfill this work requirement, as well as the fact that she had used all her available family/medical leave, UPS forced Young to take an extended, unpaid leave of absence. During this time she eventually lost her medical coverage. Young gave birth in April 2007 and resumed working at UPS thereafter. 

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New California Family Rights Act Regulations

Revisions to the California Family Rights Act Regulations

Revisions to the California Family Rights Act (CFRA) regulations have been approved and are set to take effect on July 1, 2015. The new CFRA regulations are largely focused on synchronizing employer obligations under CFRA and FMLA, the federal Family and Medical Leave Act.  california family rights act | Kingsley & Kingsley, Encino, CA

Several of the primary updates to align the CFRA and the FMLA include:

  • The definition of “eligible employee” clarifies the 12 month length of service requirement and explains how to determine whether there are 50 employees within a 75 mile radius for an employee who has no fixed “worksite”. The regulations clarify that if a person works from home, the worksite to which they are assigned as their home base, from which their work is assigned or to which they report is their worksite, not their home office.
  • If an employee does not have the twelve month length of service to qualify for CFRA leave at the start of a leave, but reaches the 12 month service requirement during the leave, the employer must provide CFRA leave when the employee qualifies.
  • The definition of “covered employer” adds guidance for joint employers. When two or more businesses exercise control over the employee’s work or working conditions then both may be considered joint employers under the CFRA.

While new regulations attempt to align the two Employment Acts, there remain a number of key differences between FMLA and CFRA entitlements. Some of the notable differences that remain include:

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