Author: Jennifer Carsen

English-Only Rules: Employer Ordered To Pay Over $700,000 To Telephone Operators Hired—And Fired—For Speaking Spanish; Creating Language Policies That Work

A record damage award levied against a telephone company that tried to prevent operators from speaking Spanish to each other in the workplace underscores the risks of enforcing English-only policies. Faced with this increasingly common type of bias case, a federal court has concluded that the language restriction amounted to illegal discrimination based on national […]

Employee Handbooks And Policies: Employee Consent Not Required To Change Policies; Helpful Guidelines

Many employers make it a practice to periodically update their employee manuals and policies. But where do you stand if an employee objects to a new policy? In a recent case, a California Court of Appeal rejected a worker’s attempt to challenge a provision that was added to an employee handbook. More importantly, the court […]

News Flash: New Rules Issued For Federal Contractors

The Office of Federal Contract Compliance Programs has issued final regulations revising and simplifying the rules for written affirmative action programs. However, the new regulations also substantially increase the number of employers who must complete the annual Equal Opportunity Survey and submit personnel and compensation data.

News Flash: Employee Benefits

The federal Ninth Circuit Court of Appeals has ruled that benefits plan administrators can be sued for failing to adequately advise employees of the terms of a mandatory arbitration procedure for appealing benefits decisions. Laboratory Corporation of America had a health plan with a 60-day time limit for requesting arbitration after an internal claim appeal was […]

News Flash: Drug Testing

Virginia Menge, a school bus driver employed by the San Ramon Valley Unified School District, was placed on leave after allegedly failing a random urine drug test by testing positive for nitrate, a substance which can alter test results. The drug testing agency refused Menge’s request to have the urine sample retested. Menge then resigned, […]

News Flash: Sexual Harassment

Vanessa Bailey, a gardener at Balboa Park in Encino, complained that she was sexually harassed by her co-workers. Bailey claimed, among other things, that while she was in a city truck, a co-worker exposed himself to her and another had magazines showing naked women. Bailey also said that a park supervisor kissed her against her […]

News Flash: Coca-Cola Agrees To Record $192.5 Million Settlement

Coca-Cola has settled a race bias class action lawsuit for an unprecedented $192.5 million. The case was brought by 2,000 African-American workers who claimed they were systematically bypassed for raises and promotions. Coke has also agreed to a complex company-wide restructuring plan with pay equity adjustments phased in over 10 years. Plus, Coke will link […]

Disabled Employees: Seniority Policy Must Give Way To Accommodations; What To Do Now

Most employers know they must explore the possibility of making a reasonable accommodation requested by a disabled worker. But what if an employee wants an accommodation that conflicts with your seniority system? And how far do you have to go in working with the employee to accommodate their request? In a surprising reversal of its […]

Sexual Harassment: Jury Awards More Than $1 Million Because Employer’s Action Didn’t Go Far Enough; Tips On Responding To Harassment Complaints

In a case that illustrates the danger of being accused of not fully investigating or taking remedial action that is too little or too late, an Orange County jury recently returned a seven-figure verdict for an auto club employee who complained about sexual harassment. We’ll explain how the Automobile Club of Southern California got into […]