Tag: california hr

Retaliation: Ninth Circuit Rules on ‘Cat’s Paw’ Liability; How to Ensure That One Supervisor’s Bias Doesn’t Taint Another’s Decisions

In an old fable, a monkey convinces an unwitting cat to scoop out chestnuts from a burning fire. As the cat gathers the chestnuts one by one—and burns its paws in the process—the monkey, unbeknownst to the cat, eagerly gobbles them down. Borrowing from this story, courts have used the term “cat’s paw” to describe […]

Discrimination: EEOC Alerts Employers to Email Scam

The U.S. Equal Employment Opportunity Commission (EEOC) is warning employers about a “phishing” email circulating to companies that purports to be from the federal agency regarding a harassment complaint. The bogus email contains a computer virus that may harm a recipient’s computer if the user clicks on the referenced link or downloads the attached file. […]

Age Bias: Ex-Google Director Gets Green Light to Sue

In a new case that highlights the growing tension between Silicon Valley’s hip, young atmosphere and older, experienced workers, an ex-Google director whom younger employees called “old fuddy duddy” and “sluggish” has been given the green light by a California appeals court to sue for age discrimination.

Immigration: Judge Halts No-Match Rule

In the current issue of the California Employer Advisor, we report on a new Department of Homeland Security (DHS) regulation mandating the steps an employer must take to verify an employee’s Social Security number (SSN) when the employer receives a “no-match” letter from the DHS or the Social Security Administration. Under the rule, employers would […]

Unions: NLRB Cuts Back on Salting

The new decision focused on the union organizing practice known as “salting”—whereby unions send individuals to apply for jobs with the ultimate purpose of organizing the company from within. The NLRB said that although some union salts may genuinely desire to work for a nonunion employer and to proselytize co-workers on behalf of a union, […]

Sexual Harassment: Same-Sex Harassment Case Settles for $1.8 Million

United Healthcare of Florida, Inc., has agreed to shell out $1.8 million in back pay and damages to resolve a same-sex harassment and retaliation lawsuit. The suit, filed by the U.S. Equal Employment Opportunity Commission (EEOC), charged that a male regional vice president subjected a male senior account executive at the company’s Sunrise, Fla., office […]

Electronic Security: iPods and Other Portable Devices Pose Serious Data Security Threat; Prevention Tips

iPods and similar portable media devices—such as iPhones, other cell phones, and USB flash drives—have become ubiquitous in our society. And concern is growing in the corporate world that because these devices can be used for much more than just listening to music, employees’ use of them in the workplace could pose a big threat […]

Sexual Harassment: Prompt Action Not Always Enough to Avoid a Lawsuit

In a new decision, the Ninth Circuit Court of Appeals, which covers California, has decided that a sexual harassment victim’s 19-day delay in reporting the misconduct to her employer wasn’t an unreasonable failure to take advantage of corrective opportunities provided by the employer. As a result, the employee can take her sexual harassment lawsuit to […]