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A recent decision by the California Court of Appeal illustrates just how complicated and costly it can be to discipline an employee who is on protected leave. … Continue Reading
By Scott Graham All Articles
The First District Court of Appeal has thrown out a $113,830 pregnancy discrimination award — and a $1.1 million attorney fee — obtained two years ago against Lucasfilm Ltd.
The case, brought by former San Francisco Supervisor Angela Alioto and her son, Joseph Alioto Veronese, on behalf of Veronese’s wife, Julie, appears to be something of a grudge match, with the appellate court describing “numerous discovery disputes” and a motion to recuse one of the trial judges for gender bias.
In the end, Justice James Richman concluded that Marin County Superior Court Judge Lynn O’Malley Taylor committed instructional error, primarily because she didn’t tell the jury it could not find Lucasfilm liable if the company simply relied on its business judgment when deciding not to hire Julie Veronese, as long as it was not for a discriminatory reason. … Continue Reading
By Robin Madell
“My wife stayed home when our kids were little.”
“I’m sure you’ll be checking in from home.”
“We need to stick with business attire here.” … Continue Reading
An employer’s unconditional offer of a light-duty position to a pregnant employee became a conditional offer after the employee filed an EEOC charge, and was rescinded when the employee refused to withdraw her charge. That was unlawful retaliation in violation of Title VII, according to the Eleventh Circuit in a recent decision, Chapter 7, Trustee v. Gate Gourmet, Inc. (11th Cir., June 11, 2012). … Continue Reading
This law amended Title VII to make it illegal to discriminate against a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.To amend Title VII of the Civil Rights Act of 1964 to prohibit sex discrimination on the basis of pregnancy. … Continue Reading
By Jack Katzanek, The Press Enterprise
Many employers who learn that a woman employee or job applicant is expecting a child automatically devalue that person or even fire or refuse to hire her, but a growing number of women are using the legal system to fight that, data show.
The Equal Employment Opportunity Commission, the federal agency that addresses discrimination complaints in the workplace, is reporting that there were 5,797 complaints filed by woman who alleged unfair treatment due to pregnancy in the 2011 fiscal year. That is a 23 percent increase from 2005.
Most of the cases involve fairly low-paying jobs and tend to be from employers who assume women would not be physically able to perform their tasks, even though a woman might be having a pregnancy free of problems or complications. … Continue Reading
Hello, my name is Mary Wright. I edit HR Gazette, a daily newspaper for HR Professionals and Employment Lawyers. I am a lawyer. Find out more about me at: My LinkedIn Bio. I have been practicing law for nearly 25 years and along the way I’ve met a lot of HR Professionals and Employment Lawyers. They are genuinely compassionate and intelligent people who struggle daily to make sure employers get a fair shake in the courtroom and the break room. This magazine is for them.
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By Maggie Glimp
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