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Category Archive
Sexual Discrimination
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No More Forced Arbitration of Sexual Assault and Sexual Harassment Claims

On March 3, 2022, President Biden signed into law the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021” (also known as H.R. 4445). H.R. 4445 amends the Federal Arbitration Act (“FAA”) to prohibit employers from entering into pre-dispute arbitration agreements for claims alleging sexual assault or sexual harassment. It also prohibits Read More

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What does O’Reilly’s termination mean for my business?

You may have seen in the news that 21st Century Fox, the parent company of Fox News, has terminated newscaster Bill O’Reilly’s employment in the wake of sexual harassment allegations against him. Now, you may ask – why does this have anything to do with my business? This news story is a very important reminder Read More

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Five More Laws California Employers Need to Understand in 2017

As California labor laws change, it is important that you – whether an employer or employee – understand what the changes entail so that you may better understand your rights in the face of a dispute. At Garcia & Gurney, ALC, our Pleasanton business attorneys fully comprehend California’s labor laws, and keep up-to-date with all Read More

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FEHA’s Regulations

Effective April 1, 2016, many California employers must begin to comply with new regulations to the Fair Employment and Housing Act (“FEHA”) prohibiting harassment and discrimination among employees, interns, volunteers, and independent contractors.  These new regulations govern all employers, who regularly employ five (5) full time or part time employees in a year.  If these Read More

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Sexual Harassment in the Workplace: Accountability at the Top

  Sexual harassment is a serious allegation and one that a company’s leadership cannot ignore, even if the alleged harasser is the founder of the organization. As many companies discover, the unfortunate truth is that a problem ignored only makes matters worse for both employees and leadership. There are steps that a company can take Read More

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Sexual Harassment in the Workplace: Prevention and Response

As one Golden State vice-mayor is discovering the hard way, even an allegation of sexual harassment in the workplace can have serious negative side effects on an entire office. In political situations these types of allegations can quickly derail a person’s career, and in a more typical office setting allegations of sexual harassment can develop Read More

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Legal Issues in Employment: Retaliation is Discrimination

In order to run a successful business, today’s leaders understand that they must know more than just what their product is and how to sell it. They must know what laws apply to their company’s business, from making employment decisions to managing supply lines, and everything in between. As impossible as it is for one Read More

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Sexual Orientation or Sex Discrimination? EEOC Says Both

Employers this week eagerly awaited the most recent decision by the Equal Employment Opportunity Commission on the rights of employees based on their sexual orientation. Once the 3-2 decision was released, savvy employers should have begun altering their practices and policies to ensure compliance with the new rule of law. While there may be some Read More

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Sex Discrimination Case Illustrates Importance of Employee Reviews

The recent verdict of a Californiasex discrimination and retaliation case for a female employee suing her venture capitalist employer has highlighted a number of potential problems that can arise with employees. Most importantly, it illustrates how important keeping current records and employee reviews can be to protect a company against employee claims. Facts of the Read More

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  • "Melinda Garcia provided me excellent advice in resolving an employment agreement related to an acquisition of the company I worked for. She is very knowledgeable, asked me what I wanted to achieve with her services, provided excellent service to achieve those goals, and was very cognizant of fees. I recommend her for employment related services."

  • "Melinda Garcia provided excellent guidance with an employment/compensation case. Her knowledge of employment law, and strong negotiation skills, brought the case to a successful conclusion."

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