Keeping Up with the Legislature: 2019 Brings Changes to the Fair Employment and Housing Act

By Kelly Trainer, Partner, and Pooja Patel, Associate, Burke, Williams & Sorensen In response to the #metoo movement in 2017, the California Legislature introduced various bills to amend the Fair Employment and Housing Act (“FEHA”). Governor Brown signed several of these bills and they went into effect on January 1, 2019. As with the remainder…

When Words Alone Constitute Severe and Pervasive Harassment

The old adage “sticks and stones may break my bones, but words can never hurt me” may apply in Eighth Amendment cruel and unusual punishment cases, but it doesn’t work in FEHA harassment claims. In Augustine Caldera v. California Department of Corrections and Rehabilitation (CDCR), the Fourth Appellate District recently issued a published opinion finding…

Better Late Than Never: The Importance of After-Acquired Evidence in Employment Cases

What should you do when you’ve fired an employee, the employee sues you, and you later find evidence that the employee engaged in egregious misconduct?  Tell your attorney.  This evidence, called “after-acquired evidence,” can be a useful defense in employment cases. As an example, suppose that a law enforcement agency terminated an employee for poor…

Baker to Vegas: Balancing the Teambuilding Benefits with the Risk of Liability

With the Baker to Vegas relay just concluded for 2018, it seems timely to query whether company-sponsored trips that enhance team morale but are not strictly work-related are worth the liability exposure.  Or perhaps it is better to keep these events on calendar but make sure your agency is taking any necessary measures to ensure…

The Cost Of Confidentiality: Employers Must Weigh Options When Settling Sexual Harassment Claims

By Paloma Peracchio The price of confidentiality just went up.  Following the passage of the Tax Cuts and Jobs Act (the “Tax Act”) in December 2017, employers entering into settlement agreements with employees for claims of sexual harassment or sexual abuse will now need to weigh their desire to deduct the settlement cost as a…

Is Your Harassment Prevention Training Legally Compliant?

By Traci Park, Kelly Trainer & Meaghan Snyder Most agencies have sexual harassment training.  But the laws constantly evolve.  Read on to find out the new requirements for what your training must include to address sexual orientation, gender identity, and gender expression. What is SB 396? SB 396, which became effective January 1, 2018, adds…

Perez v. City of Roseville | When Police Officers Date Fellow Officers

Generally, dating someone you work with is not a good idea.  If things don’t work out, it makes the work atmosphere awkward.  When a relationship occurs between employees of different ranks, it can create problematic dynamics leading to harassment or hostile work environment claims (with claims brought by one of the involved employees or by…

Would Alexander’s Terrible, Horrible, No Good, Very Bad Day Qualify? Dealing with Constructive Discharge Claims

In the children’s book by the same name, Alexander has a terrible, horrible, no good, very bad day.  It begins with gum in his hair and proceeds with one calamity after another, including having to sit in the middle of the car’s backseat, being demoted to third best-friend, having no dessert at lunch, eating lima…

2018 Brings New Restrictions On Employers’ Inquiries Into Salary History And Conviction History

By Katy A. Suttorp Last month, Governor Brown signed two pieces of legislation, both taking effect on January 1, 2018, which involve changes to the types of information employers may seek from applicants and when (or if) that information may be considered in the hiring process.  We offer a brief overview of both bills. APPLICANTS’…

Using the Workers’ Compensation Exclusive Remedy to Preclude Litigation

When an injury arises “out of and in the course of employment,” whether by an employer or a co-worker, typically the injured person has to pursue any remedies exclusively through the workers’ compensation system.  (Labor Code § 3602.)  This also applies to prisoners who are working for pay, even if it is a job that…