One of the fundamental requirements of a disability discrimination claim is that the employer knew, or reasonably should have known, that the employee had a disability. For obvious reasons, an employer cannot be held liable for discriminating on the basis of a disability it did not know existed.
An employer “knows an employee has a disability” when (1) “the employee
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Proving PERB Retaliation Claims in California
In most retaliation cases, the California Public Employment Relations Board (PERB) applies the framework established in Novato Unified School District (1982) PERB Decision No. 210 (Novato USD).
Under the Novato USD framework, the charging party must first establish a prima facie case by proving four elements: (1) The employee engaged in an activity protected by a labor relations statute enforced
Wrongful Termination: Why the “Bad Facts” Matter
In almost every California employment case, the employee and the employer have very different explanations for what happened. An employee may believe that he was fired for discriminatory or retaliatory reasons. The employer will claim that the same employee was fired for performance issues, poor attendance, misconduct, or a combination of the above reasons. Whether those reasons are true is
Three Types of Evidence to Prove A Retaliation Case in California
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“We’re About to Blow Up” — Why a Recruiter’s Rosy Pitch Isn’t a Promissory Note
Picture the scene: you’re sitting across from a hiring manager who practically vibrates with excitement. The company, you’re told, is “on the verge of a Series C.” Our new product will “change the industry.” Revenues are “projected to triple.” The culture is “like a family.” Six months later, there’s no Series C, the product flopped, and the company just laid
Preferring To Hire H1B Visas Holders over US Citizens is Illegal
The post Preferring To Hire H1B Visas Holders over US Citizens is Illegal appeared first on San Francisco Employment Law Firm Blog.
Avoid This Mistake When Requesting Religious Accommodation
Workers in California often assume that because religious beliefs are private, they never have to explain anything about their religion when requesting a workplace accommodation. While it’s true that employers cannot demand intrusive details, many employees make the opposite mistake: they refuse to provide even the basic information needed for the employer to evaluate their request.
Under both Title VII
Five Costly Legal Mistakes California Startups Should Avoid With Their Employees
Some of the most common legal mistakes that California tech startups and other small employers make with their employees are also the easiest to avoid:
Remote Work as An Accommodation To An Employee’s Disability Under California Law
As remote work continues to reshape the workplace, both California employees and employers are grappling with a key question:When must an employer allow remote work as a reasonable accommodation to an employee’s disability or serious medical condition under California’s Fair Employment and Housing Act (FEHA)?
FEHA & Reasonable Accommodation Basics
FEHA requires California employers with five or more employees to
Avoid This Mistake When Asking Your Manager or HR for Anything
The post Avoid This Mistake When Asking Your Manager or HR for Anything appeared first on San Francisco Employment Law Firm Blog.