Tag: FEHA

Benefits: Can We Screen Out Unhealthy Applicants When We Hire?

Our healthcare premiums have gone through the roof (whose haven’t?), and management is putting pressure on me to get the costs down. They think we can have an impact by establishing health criteria to screen out applicants who will be likely to have high health bills, e.g., smokers, those who are overweight and/or have high […]

Drugs & Alcohol: Do I Have to Interview an Applicant Who Takes Medical Marijuana?

One of our current employees has referred a friend for employment under our employee referral program, which rewards employees who refer applicants if we end up hiring them. The employee mentioned that the friend uses marijuana for medical purposes. I don’t really want to consider this person because we are a drug-free workplace, but I’m […]

Harassment: California Supreme Court Says FEHA Amendment Retroactive

In 2003, the California Legislature amended the California Fair Employment and Housing Act to state that employers are potentially liable when third party nonemployees—such as customers or clients—sexually harass their employees. Prior to the amendment, the language of the FEHA seemed to impose liability on an employer only when the harassment was committed by the […]

Discrimination: Who is Protected by the Anit-Discrimination Laws?

Could you help me with a definition of race and color as it relates to discrimination? We’re trying to sort out our diversity and discrimination policies. We’re not clear on the distinction between race and color discrimination, and we’re not clear if the laws apply just to the stated categories, like black, white, Hispanic, etc., […]

Reasonable Accomodation: Our Employee Can’t Work in the Cold; What Do We Do?

We are a cold storage facility and recently received a doctor note for one of our employees indicating that the employee must not work in the freezer area. Our facility is divided into different temperature areas but is always at a cold temperature. What do I do moving forward with this employee? Her job requires […]