Tag: disability

Domestic Partners: New Law Expands Workplace Rights

Gov. Davis has signed into law a sweeping measure that expands domestic partner rights on insurance, sick leave and other issues. The new law takes effect Jan. 1, 2002. Expanded Workplace Rights For Domestic Partners These are the measure’s key provisions that will affect employers: Domestic partner definition. Domestic partners will include opposite-sex couples if at […]

News Notes: Court Says Reporter Who Couldn’t Type Was Not Disabled

Jacalyn Thornton, a part-time reporter for the Fresno Bee newspaper, spent about one-third of her time working at a computer keyboard. After she developed a repetitive stress disorder and became unable to use a keyboard, the paper terminated her. She sued, contending that her discharge violated the Americans with Disabilities Act. The Ninth Circuit Court […]

Reasonable Accommodation: New Ruling Expands Time Limits For Disabled Employees To Sue; Practical Impact

Under California anti-discrimination law, a disabled employee typically has only one year from the date of a firing, demotion or other wrongful employment action to file a lawsuit. But now the California Supreme Court has ruled that disabled workers may be able to sue for discrimination incidents that occurred many years earlier. We’ll tell you […]

News Notes: Courts Disagree Over Retroactivity Of Disability Bias Law

We earlier reported on a ruling by a California Court of Appeal in Los Angeles that a new law broadening California’s disability bias statutes, effective Jan. 1, 2001, was a major change that could not be applied retroactively. Now a different appeals court in Los Angeles has come to the opposite conclusion, holding that the […]

Pregnancy Discrimination: Huge Verdict For Teacher Who Wasn’t Rehired After Principal Said She Wouldn’t Want To Work; How To Manage Pregnant Workers To Avoid Lawsuits

Nina Hagan was hired under a one-year teaching contract at St. Martin of Tours, a Catholic elementary school in Los Angeles. She received a glowing performance evaluation her first semester. But, she claimed, after the principal discovered she was pregnant, her work situation deteriorated and she wasn’t rehired for the next school year. Now a […]

Sexual Harassment: Supervisor Fired For Crude Remark Wins $1.2 Million; When Can You Fire A Harasser?

Frank Lemon, the service manager for Fresno-based heavy equipment distributor J.M. Equipment Co., was fired without warning for making a sexually explicit remark to a female employee. Lemon sued, arguing that the company had until then tolerated a pervasive atmosphere of vulgar language and sexually charged conduct and that he was really terminated because J.M. […]

News Notes: New Disability Bias Law Is Not Retroactive

Changes to California’s disability bias laws, which took effect Jan. 1, 2001, broadened the class of disabled persons to include those with conditions that make a major life activity “difficult.” This new definition of a disability is a more lenient standard than the “substantial limitation” of a major life activity that was previously required under […]

Exempt Employees: Labor Commissioner Won’t Follow Federal Docking Rules, Issues Strict New California Standard

Under federal wage and hour law, employees must be paid a predetermined salary to qualify as exempt from overtime. And there are strict guidelines on when salary docking can jeopardize exempt status. When overhauling state wage and hour laws in 2000 with the passage of A.B. 60, California for the first time adopted similar salary […]