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4 Months of Pregnancy Disability Leave Just Isn't Enough
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Keeping Drugs and Alcohol Out of Your Workplace: CER Announces an Important Webinar
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Are You the 'Employer of Choice' for Drug and Alcohol Abusers?
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california harassment
California sexual harassment training is just one part of the puzzle - you also need smart internal investigations and consistent treatment of employees to stay out of legal trouble.
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How To Survive an Employee Lawsuit: 10 Tips for Success
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Recent Posts
Blog Post:
Harassment Prevention Prescription? Train, Train, Train
Jennifer Carsen, Esq.
Yesterday’s CED offered our take on the recent $2.3 million settlement between San Jose-based Fry’s Electronics and the EEOC. Today, #s 6-11 on our list of recommended sexual harassment training statements. [ Click here for 1 to 5] 6. A superior blocks a promotion for a subordinate who has...
on
4 Apr 2013
Blog Post:
How NOT to Deal with Sexual Harassment Complaints
Jennifer Carsen, Esq.
A recent EEOC lawsuit—settled for $2.3 million—gives a picture perfect example of how NOT to handle sexual harassment complaints. The harassment was compounded by retaliation and ratcheted up with evidence tampering. In the suit, Fry’s Electronics worker America Rios complained to her...
on
3 Apr 2013
Blog Post:
Pregnancy laws: Do you know the unlawful practices regarding pregnant employees?
Jennifer Carsen, Esq.
New California regulations and pregnancy laws broaden the types of conditions of pregnancy for which workplace accommodations will be required – even if they don’t involve a pregnancy-related disability. With these new regulations on the table, it’s crucial for you to amend your internal...
on
28 Dec 2012
Blog Post:
Pregnancy laws beyond disability leave: What reasonable accommodations are required?
Jennifer Carsen, Esq.
California employers are well-versed in the laws about pregnancy disability leave, but what other pregnancy laws affect employer obligations? What reasonable accommodations must be provided for pregnant employees? More pregnant employees may be entitled to reasonable accommodations because there are...
on
21 Dec 2012
Blog Post:
Does California Law Protect Partners Who Report Employee Harassment-2?
Jennifer Carsen, Esq.
Yesterday , we looked at the issue of whether a partner has the right to file a claim for retaliation for reporting sexual harassment of employees under the state's Fair Employment and Housing Act (FEHA). Today, the court’s final ruling in the case. The case analysis is courtesy of Cathleen...
on
31 Jul 2012
Blog Post:
Does California Law Protect Partners Who Report Employee Harassment?
Jennifer Carsen, Esq.
A California trial court recently held that a partner doesn't have the right to file a claim for retaliation for reporting sexual harassment of employees under the state's Fair Employment and Housing Act (FEHA). That decision was appealed. But a California appeals court reinstated the case; read...
on
30 Jul 2012
Blog Post:
Can You Require an Annual Physical? An Alcohol Test? A Prescription List?
Jennifer Carsen, Esq.
Generally, no, no, and no. These and other tricky ADA questions are answered in EEOC’s Enforcement Guidance on Disability-Related Inquiries and Medical Examinations. First of all, remember that there is a difference between applicants and employees, and the rules concerning disability-related inquiries...
on
22 Jun 2012
Blog Post:
Workplace Harassment in California: How Do State Laws Differ from Federal?
Jennifer Carsen, Esq.
Workplace harassment is one of many areas where California employers have additional legal obligations than employers who operate exclusively in other states. California has more protected classes, more employers are covered, and there is a greater level of liability for peer harassment, for example...
on
15 Jun 2012
Blog Post:
Harassment: Men and Women Are Different
Jennifer Carsen, Esq.
Yesterday , attorney Jonathan Segal illuminated the risks in office romances; today, three women and a man discuss sex in the office. Harassment is a diversity issue, says Segal, who is a partner at the law firm Duane Morris LLP. Our reactions differ because our experiences differ based on whether we...
on
10 Apr 2012
Blog Post:
Office Romance in the Real World
Jennifer Carsen, Esq.
Office romances are one of the biggest legal risks managers can take, says attorney Jonathan Segal. Even when relationships appear to be totally consensual, they're dangerous from a legal standpoint. Segal is a partner at the law firm Duane Morris LLP. His remarks came at a recent SHRM conference...
on
9 Apr 2012
Blog Post:
4 Practical Proactive Defenses to Workplace Harassment Claims
Jennifer Carsen, Esq.
Although Herman Cain will not be the next U.S. president, he has the dubious honor of bringing sexual and workplace harassment back into the national spotlight. He may well have done you a favor. Although the number of sexual harassment charges filed with the EEOC has fallen slightly, there were still...
on
29 Mar 2012
Blog Post:
The Penn State Scandal: Sad Proof That Outrageous Abuses Still Happen
Jennifer Carsen, Esq.
At its heart, the Penn State University (PSU) football scandal is a criminal matter. But it’s also the ultimate example of sexual harassment being permitted to occur openly, continuously, and notoriously in a workplace, says San Francisco attorney Mark Schickman. Schickman is a partner at Freeland...
on
16 Feb 2012
Blog Post:
If the EEOC Suggests Mediation, Should You Agree?
Jennifer Carsen, Esq.
If the EEOC suggests that you enter into mediation with a complaining employee, you should say “yes,” says San Francisco attorney Mark Schickman. He and his clients have had good experiences with the process, he adds. Schickman is a partner at Freeland Cooper & Foreman LLP in San Francisco...
on
15 Feb 2012
Blog Post:
What’s at Stake When You’re Accused of Harassment
Jennifer Carsen, Esq.
Yesterday , we looked at the first 5 of Lyne Richardson and Jolina Abrena’s tips for minimizing potential liability for discrimination and harassment at your workplace. Today, the rest of the top 10, plus an introduction to a streamlined, yet comprehensive, A.B. 1825 training resource. Richardson...
on
10 Nov 2011
Blog Post:
10 Ways To Comply with California Harassment & Discrimination Law
Jennifer Carsen, Esq.
All California employers should be familiar with the California Fair Employment and Housing Act (FEHA), which prohibits employment discrimination and harassment. The FEHA offers employees greater protection and relief than its federal counterpart, Title VII of the Civil Rights Act of 1964. One critical...
on
9 Nov 2011
Blog Post:
5 Tips To Prevent an Embarrassing Harassment Lawsuit
Jennifer Carsen, Esq.
Yesterday , we looked at textbook cases of what not to do when you receive a complaint about sexual harassment occurring on a business trip. Today, 5 tips for proper response, along with info about a valuable sexual harassment training resource. Time Is of the Essence Once a harassment complaint is made...
on
20 Sep 2011
Blog Post:
What To Pack for a Business Trip? Inhibitions
Jennifer Carsen, Esq.
The more employees travel for business, the more exposure employers have - often with costly consequences. Businesses must be prepared for problems that might arise when male and female employees travel together, whether domestically or internationally. Contrary to popular belief, what happens in Vegas...
on
19 Sep 2011
Blog Post:
20-Year Sexual Harassment Report Card: Mixed Bag for Employers
Jennifer Carsen, Esq.
Lawsuits are down, but judgments are up. Training is the answer. This fall marks 20 years since the term "sexual harassment" entered the American lexicon in a big way. Americans came to know it through the testimony of Anita Hill, as she complained about alleged unwelcome advances from her...
on
1 Sep 2011
Blog Post:
Sexual Harassment Damages Not Just Individuals, But Teams
Jennifer Carsen, Esq.
A recent study shows the effect that sexual harassment has on workplace teams. In a word — conflict. If you need another reason to quell sexual harassment in your workplace — beyond a potentially monster lawsuit - Jana L. Raver and Michele J. Gelfand have it for you. Rever and Gelfand, both...
on
31 Aug 2011
Blog Post:
9-Point Harassment Investigation Action Plan
Jennifer Carsen, Esq.
California law makes an employer liable for sexual harassment by a supervisor regardless of whether the employer authorized, prohibited, or even knew of the harassment. You might be able to reduce or eliminate the damages owed to an employee by taking reasonable steps to prevent and correct sexual harassment...
on
24 Aug 2011
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