Tag: california hr

What Are the Rules for Mixed-Motive Bias in California?

In early 2013, the California Court of Appeals ruled in favor of an employee in a so-called “mixed-motive” case (when an employer has both unlawful and legitimate reasons for taking an adverse employment action) brought under the state Fair Employment and Housing Act (FEHA).

Employment Law Alert: San Francisco’s Ban the Box Ordinance

Effective August 13, 2014, San Francisco’s Fair Chance Ordinance prohibits employers from asking about a job applicant’s criminal history, including inquiries on an employment application form. This prohibition, often called a “ban the box” provision, applies to private employers, city contractors, and subcontractors with 20 or more employees. Covered employers may ask about an applicant’s criminal history after the first live interview (in person or via telephone or other technology) or after a conditional job offer. A notice describing the protections provided under the ordinance will be developed by the city’s Office of Labor Standards Enforcement (OLSE). Employers are required to post the notice and to send a copy to any labor union with which they have a collective bargaining agreement.

Changes To California Mixed-Motive Rules

Yesterday, we looked at the case of a California employee, Lorena Alamo, who successfully established that her termination was due to improper “mixed motives” (the employer had both unlawful and legitimate reasons for the firing).

Understanding FEHA’s disability definition

If you struggle with understanding whether you must accommodate an employee with a mental disorder, you're not alone. The Americans with Disabilities Act (ADA) can become a tricky labyrinth to navigate, and now the maze has gotten even more complicated.