Archives

Bulletin Item: Employer Not Liable for Client Harassment

The California Department of Veterans’ Affairs escaped liability for harassment one of its registered nurses endured from a resident of the veterans’ home where she worked. Although this is a victory for employers, the state Assembly is considering legislation that would hold employers liable when clients or customers harass employees. We’ll keep you posted as […]

Bulletin Item: Another Retailer Sued for Allegedly Requiring Clothing Purchases

Chico’s FAS is defending itself against a lawsuit brought by a former employee who claims she was required to purchase Chico clothing while working for the retailer. Chico’s says it merely encourages employees to wear its clothing, providing them with discounts on their purchases. This is just the latest in a string of similar lawsuits […]

Bulletin Item: California Supreme Court to Consider Whether Attractiveness Standards May Be Discriminatory

The question of whether a male executive’s standard of attractiveness, which led to the firing of a female employee, violated the California Fair Employment and Housing Act will be answered by the state’s high court. The California Supreme Court has agreed to review Yanowitz v. L’Oreal USA Inc., which we covered in the May 2003 […]

Bulletin Item: Workers’ Comp Rate Increases Pending

In addition to a 7.2 percent increase to premiums approved by Insurance Commissioner John Garamendi, it appears the Workers’ Compensation Insurance Rating Board will seek a 22.5 percent increase to rates. Watch future issues of CEA for additional workers’ compensation information.

Bulletin Item: OSHA Releases Draft Ergonomic Regulations for Poultry Industry

The Occupational Safety and Health Administration is seeking comments on its recently released regulations for poultry processing facilities. The regulations include an overview of injuries common to this industry, ways to develop and implement safety strategies, and examples and tools available to improve ergonomic practices. Comments are due by Aug. 4, 2003.

Health and Safety: SARS Fears Reach the Workplace; Smart Steps You Can Take to Protect Employees and Steer Clear of Legal Trouble

Concern over Severe Acute Respiratory Syndrome has spread around the world, and many employers are scrambling to take precautionary measures to keep SARS out of the workplace. But it’s crucial as you do so to be aware of state and federal antibias, wage-and-hour, medical privacy, and workers’ compensation rules that may come into play. We’ve […]

Reasonable Accommodation: Ninth Circuit Says Employee “Regarded As” Disabled Not Entitled to Accommodation; Practical Impact

Suppose an employee’s medical condition prevents them from performing their job. Instead of exploring whether a reasonable accommodation is available, you terminate the employee. And, not surprisingly, you wind up with a disability-bias lawsuit on your hands. But what if it turns out the employee wasn’t disabled in the first place? Can you still be […]

Retaliation: Court Upholds $2.3 Million Verdict for Employee Who Claimed He Was Fired Over Safety Complaints; Tips for Avoiding Problems

You probably know it’s illegal to retaliate against a worker who complains in good faith about an unsafe work condition. But in practice, retaliation problems are not always so clear-cut, and they can sneak up on you. They often arise when an employee with a history of complaining starts griping about something you feel is […]

Americans with Disabilities Act: U.S. Supreme Court Adopts Standards for Determining When Shareholders Must Be Counted as Employees

Deborah Wells was a bookkeeper for Clackamas Gastroenterology Associates, a medical clinic and professional corporation with four physician shareholders and directors and about 12 employees. When Wells was terminated, she sued the clinic under the Americans with Disabilities Act. The clinic responded that it didn’t have enough employees to be covered by the ADA. Join […]