NFL Warned About Discrimination by New York Attorney General

Posted on Mon, Mar 18, 2013

New York State’s Attorney General called on the National Football League (NFL) to be mindful of the state’s anti-discrimination laws.

Attorney General Eric Schneiderman sent a letter last week to NFL Commissioner Roger Goodell reminding him that the NFL and its franchises must not discriminate against players and draft prospects on the basis of sexual orientation.

In addition, Schneiderman noted that at least two dozen of the 32 NFL teams are headquartered in jurisdictions that have similar employment discrimination laws in place.

Schneiderman called on the NFL to issue a formal written policy making clear that any form of discrimination or harassment based on sexual orientation is a violation of New York law. The NFL’s headquarters are located in New York City.

The letter was prompted by recent reports that some draft prospects were asked questions about their sexual orientation at a national recruitment event. One draft prospect, Nick Kasa, told an ESPN radio show that “They ask you, ‘Do you have a girlfriend?’ ‘Are you married?’ ‘Do you like girls?’”

Similar to New York, California also prohibits discrimination and harassment on the basis of sexual orientation. California’s Fair Employment and Housing Act prohibits employers from discriminating against employees and job applicants. 

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Tags: employment discrimination, New York, sexual orientation, California, HR Allen Consulting Services, Employers, HR Informant, harassment

Can Employees Be Disciplined for Filing a False Harassment Claim?

Posted on Fri, Mar 30, 2012

What happens when one of your employees fabricates a sexual harassment claim? A California appellate court recently ruled that an employee who fabricates a sexual harassment claim can be disciplined. Though certain circumstances may warrant disciplinary action, proceed with caution because such discipline could result in a retaliation claim. Joaquin v. City of Los Angeles, 202 Cal.App.4th 1207 (2012)

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Tags: employees, HR Allen Consulting Services, harassment, employee, harassment claim, false harassment claim, discipline

Sexual Harassment Must be Implemented

Posted on Fri, Feb 03, 2012

Employers in California know they need to publish anti-harassment policies and provide harassment-prevention training to their employees. A recent federal court decision emphasizes that merely going through the motions of posting policies and providing training is not enough if the policies and training are inadequate or never fully implemented.

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Tags: sexual harassment, labor law, Human Resource, harassment

The California Fair Employment & Housing Commission's Wake-Up Call to Employers

Posted on Wed, Dec 07, 2011

The following is a reminder about a wake-up call to employers. The California Fair Employment & Housing Commission (“FEHC”) issued a decision which held that an employer can be liable for failing to take all reasonable steps to prevent discrimination and harassment even if there is no underlying discrimination or harassment. Department of Fair Employment and Housing (DFEH) v. Lyddan Law Group, LLP.

In this case, a paralegal alleged that her supervisor sexually and racially harassed her. The FEHC found that alleged conduct did not constitute sexual or racial harassment. However, the employer was found liable in failing to take all reasonable steps to prevent discrimination and harassment from occurring. The employer: (1) did not have a written anti-harassment policy; (2) did not conduct trainings for its managers or employees in harassment or discrimination prevention; and, (3) failed to investigate after the paralegal complained of the harassment.

The FEHC is a quasi-judicial administrative agency which enforces California civil rights and other laws regarding discrimination in employment, housing, and public accommodations. The FEHC conducts hearings and issues administrative decisions in cases prosecuted before it by the California DFEH. If it finds an unlawful practice occurred, it can order a range of remedies including back pay, compensatory damages, administrative fines and civil penalties, injunctive relief, and reinstatement. The FEHC’s decision can be appealed to California Superior Court for review.

What does this mean to employers? Employers may be liable for failing to take all reasonable steps to prevent discrimination and harassment, even if there is no underlying discrimination or harassment according to the FEHC. The administrative case further reinforces the importance of employers to maintain written anti-harassment policies, conduct trainings for managers and employees in harassment and discrimination prevention, and timely investigate claims of such conduct.

By: David Wang
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Tags: DFEH, Tags: Articles, decision, investigate, prevention, train, administrative, Uncategorized, employees, California, discrimination, Employers, harassment, FEHC

When planning a company holiday party are there any legal issues to consider?

Posted on Fri, Dec 02, 2011

Holiday parties can raise legal issues for employers, including liability for serving alcohol, wage-and-hour violations, workers' compensation, and religious discrimination.

Libations = Liability

Holiday frivolity easily can become holiday liability when alcohol is served at a company party. Employers can be held liable if employees are involved in auto accidents after drinking too much at a company function.

Consider serving only non-alcoholic beverages, or give each employee a limited number of tickets to be used for alcoholic beverages. If an employee or guest is inebriated, pay for a cab or arrange another ride home. Enlist the help of company managers to keep an eye on how much employees are drinking.

A party with too much alcohol is also the perfect breeding ground for sexual harassment claims. Redistribute the company's sexual harassment and substance abuse policies to everyone a week or so before the party to remind them that their liability for sexual harassment applies at all times, including during the party.

Party Time Can Be Work Time

If you put on a company holiday luncheon during a work day, you may be liable for meal break penalties if employees are required to attend the party. Employees generally are entitled to a meal break of at least one-half hour where they are free to leave the premises, and if employees are required to attend the lunchtime party and then go straight back to work, they have missed their meal break, even though they were not performing any work and you fed them lunch.

If attendance at the party is purely voluntary, be sure to let employees know this in writing when you invite them to the party. When attendance is voluntary, there are no meal break penalties because employees had the option to leave the premises.

If the party is not during regular working hours, again be sure to let employees know attendance is purely voluntary. If you require non-exempt employees to attend the party then they are “on the clock” and must be paid for their time. If the party is after a work day, this could result in overtime pay obligations as well.

Some employers allow employees who are attending a holiday party on the evening of a work day to go home early, while those who are not attending work their regular schedule. As long as all employees are paid for the number of hours they work that day, this is a legal practice, although it may cause morale issues for those who don't get to leave early.

Injuries

Even though there's no work involved, an employee who gets hurt at the party can file a workers' compensation claim unless you've made it clear that attendance at the event is strictly voluntary.

Religious Beliefs

Before you deck the halls only with boughs of holly, consider your employees' religious beliefs. Instead of limiting decorations to the usual Christmas tree and Santa motif, let employees know they are welcome to bring decorations for their winter holidays as well. Make room for a Hanukkah menorah, the red, green and black candles of the Kwanzaa kinara, and any other winter holiday decorations employees would like to contribute to party decor.

Be sensitive to employees who do not wish to celebrate religious holidays. Equal employment laws require reasonable accommodation of employees' religious beliefs, so an employee who does not wish to attend a holiday party should be excused from taking part in the festivities.

By: HRC/Cal Chamber

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Tags: employer, holiday, holiday office, holiday office celebrations, sexual harassment, holiday parties, employees, Employers, harassment, employee

Bad Santa

Posted on Fri, Dec 02, 2011

Employers commonly throw holiday office celebrations this time of year to show employees that they’re appreciated. However, a recent case from a California appellate court demonstrates the problems that can also arise when conduct crosses the line. Brennan v. Townsend & O’Leary Enterprises, Inc., 199 Cal.App.4th 1336 (2011).

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Tags: employer, holiday, holiday office, holiday office celebrations, sexual harassment, holiday parties, employees, Employers, harassment, employee