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June 2016 Archives

Labor Department issues final discrimination rule

On June 14, the U.S. Department of Labor's Office of Federal Contract Compliance Programs, or OFCCP, issued a final rule updating its discrimination guidelines for federal contractors in California and nationwide. It is the first update in more than 40 years.

The rights of pregnant workers

If a California worker or job applicant is pregnant, believes that she is pregnant or intends to get pregnant, federal law provides a current or prospective employer may not take discriminatory action against her. Furthermore, an employee cannot face retaliation from an employer based on the fact that she was once pregnant or had an abortion. Employers may not remove or reassign a pregnant worker unless she poses a danger to others.

Guidance from the EEOC about national origin discrimination

California employers and employees should carefully review proposed guidance about national origin discrimination released in early June by the Equal Employment Opportunity Commission. It outlines the agency's policies as well as how its rules apply to various scenarios in the workplace.

The limits of employer rights in California

In the event that an employee says something bad about an employer's product, it would seem logical that the employer could take action. However, the type of action and when that action could be taken has been limited by several court decisions. In a March 2016 case, the U.S. Court of Appeals for the 8th Circuit ruled in that two employees of a Jimmy John's franchisee could not be fired for implying that the company's sandwiches were possibly being made by sick employees.

Ad agency CEO named in discrimination lawsuit

On May 16, the former president of the ad agency RAPP USA, filed a lawsuit against the company claiming that he was fired because he complained about the behavior of the company's global CEO. This is the second high-profile lawsuit filed in regards to an ad agency's alleged discrimination in just a few months.

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Avila & Shaddow Attorneys at Law

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