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Category Archive
Discrimination
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Use of Past Salary Justification for Pay Disparity Says California Court

California’s Ninth Circuit reversed a district court ruling in Rizo v. Yovino that held that an employer violated the Equal Pay Act because of its bright-line policy rule of paying new employees 5% more than their prior salaries. The district court agreed with the Equal Employment Opportunity Commission (EEOC), finding that basing compensation on an Read More

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NEPOTISM: MIXING FAMILY AND WORK

What is nepotism?  Nepotism is the practice among those with power or influence of favoring relatives or friends, especially by giving them jobs. What is the law and how can someone sue for nepotism in the workplace?  In California, nepotism is not per se illegal. However, nepotism in the workplace has the possibility of triggering Read More

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Understanding Family Responsibilities Discrimination

Family responsibilities discrimination (FRD) is a common type of employment discrimination that occurs in the workforce, especially towards pregnant women and mothers. However, FRD is not a type of discrimination that many employers even know they are committing. For instance, an employer may choose not to hire someone because they fear that “familial obligations will Read More

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When California Businesses Fail to Provide Reasonable Accommodations

  Ever since California passed its first law protecting the rights of workers with disabilities in 1974, it has been at the forefront of the Americans with Disabilities movement. Under California’s Fair Employment and Housing Act (FEHA), employers are required to: Provide reasonable accommodations for applicants and employees who, because of their disability, are unable Read More

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Employment Laws and Social Media in California

Individuals find themselves in hot water all the time over what they post on social media. For some, their posts go so far as to get them arrested; for others, their social media posts merely get them fired. For instance, there was the “Bad Teacher” who tweeted about being “Naked. Wet. [And] Stoned.” While she Read More

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New California Labor Laws to Look Forward to in 2017

Labor laws are constantly changing, and it is important that California employers keep up with those changes so that they do not unknowingly violate any of them. The Pleasanton business attorneys at Garcia & Gurney, ALC ensure that our clients are in compliance with new and old California labor laws, both for their own protection Read More

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Age Discrimination Laws Make it Illegal to Ask Older Employees to Retire

“How can I ask my older employees to retire?” This is a question that a lot of employers find themselves asking as their workforce ages but shows no signs of retiring. As an employer, it is difficult to find a place for older workers, especially as technology changes and advances, competitive and diverse skill sets Read More

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Employment Discrimination in San Francisco

Today’s women want it all: The career, the marriage, the house, and yes, the family. And they can have it all, with some juggling, multitasking, and super-human willpower. Unfortunately, some individuals may find it difficult to achieve both personal and professional success, and if they fail in one area, they may feel slighted, especially if Read More

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Employment Matters: Religion in the Workplace

The U.S. Constitution protects the right of all citizens to practice the religion of their choice and prohibits government entities from establishing a “preferred” religion. What happens when an employee’s religious beliefs are brought into the workplace? Does it matter if the employer is a private entity or a public institution? These questions are among Read More

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A Lesson from the Feds: When Enough is Enough

The Supreme Court recently heard arguments in an employment law case involving a federal employee who filed a discrimination lawsuit based on what he believed to be constructive discharge, or a discriminatory environment that forced him to resign. The allegations are similar to many such cases and likely will be very difficult for him to Read More

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