Author: California Employment Law Letter

Sex, religion, and retaliation

by Mark I. Schickman I keep waiting for the day that employment discrimination claims disappear. We spend a ton of time training employees to prevent and avoid discriminatory conduct, and the proper behavior is pretty intuitive. So, logically, employment discrimination should have been eradicated, like polio and smallpox. It would be terrible for my business […]

Lessons from an office ‘kick me’ prank

by Robert P. Tinnin, Jr. Q I recently read a newspaper article concerning a lawsuit filed in federal court in Albuquerque by an Intel employee who is suing his employer for race-based harassment and intentional infliction of emotional distress. Coworkers secretly taped a “kick me” sign to his back and then kicked him as others […]

DSM-5 offers new opportunities for disability accommodations

by Tobias S. Piering and Andrew Moriarty What do menstrual cramps, temper tantrums, and getting old have in common? They’re all symptoms of new mental health disorders recognized in the latest version of the Diagnostic and Statistical Manual of Mental Disorders (DSM-5)―a controversial but widely used authority on mental health diagnoses. New disorders Published by […]

Biogenesis and the (Bad) Boys of Summer

For some people, summer evokes thoughts of sunshine and long walks on the beach with sand under their bare feet (sounds like the setting of a Nicholas Sparks novel … or so I’m told). For me, I think of baseball. As an annual subscriber to MLB Extra Innings, I think of the plethora of games […]

Breadwinner, caregiver, or both: Is it a new day for Dad in the workplace?

Prince William is back at work now, but immediately following the birth of his baby on July 22, he took some time off from his duties in the British Royal Air Force – paid time off. American golfer Hunter Mahan also famously left work recently because his wife was ready to deliver their baby. He […]

Nursing mothers have ‘privacy rights’

by Jeff Hurt On March 23, 2010, President Barack Obama signed the health care reform bill ― officially known as the Patient Protection and Affordable Care Act. Part of the Act that didn’t get much media attention affects nursing mothers in the workplace. Specifically, the Act requires a covered employer to provide an employee who […]

Obama administration delays another ACA provision

The Obama administration has delayed another Affordable Care Act (ACA) provision. The administration has postponed a consumer protection provision that limits out-of-pocket costs until 2015. Under the provision, the limit on out-of-pocket costs was not to exceed $6,350 for an individual and $12,700 for a family. According to the New York Times, the one-year grace […]

HR lessons in San Diego mayor’s sexual harassment debacle

by Mark I. Schickman In the movie Anchorman, Ron Burgundy is a toothy, handsome news anchor who leads a San Diego news station that is simply too sexist to believe. It seemed cartoonish—until now, when we meet San Diego’s toothy, handsome mayor who allegedly is a more out-of-control sexist than Ron Burgundy on his worst […]

Skeevy TV raises harassment threshold for sitcom writers

Law school will ruin your life in so many ways. I used to watch television in a state of blissful ignorance. Holes in the plot? Didn’t notice. Inconsistent character behavior week to week? Didn’t care. Offensive, sexually charged dialogue? Didn’t mind at all. Then I became a lawyer, and now my clients are employers who […]