Get to Know the New CFRA

The new year brought significant changes to California’s Family Rights Act (CFRA). Changes include expansion of who qualifies for protected leave as well as the reasons for taking leave.  This means that you may now be eligible for job protected CFRA leave, even if you weren’t eligible before. At its most basic level, the CFRA provides up to 12 weeks of job-protected medical leave per 12-month period for one or more Read More

What Makes a Termination Wrongful?

WHAT IS WRONGFUL TERMINATION? A termination is “wrongful” when the reason is unlawful because it violates the employee’s rights under the state or federal law, violates the employee’s contractual rights, or violates an important public policy. A termination is not “wrongful” simply because it is unfair. In fact, California is an “at-will” employment state, which means that either the employer or employee can end the Read More

Sexual Harassment at Work

WHAT IS SEXUAL HARASSMENT? Sexual harassment is broadly defined as “unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature” which is required as a term of an individual’s employment or creates an intimidating, hostile, or offensive working environment. Sexual harassment is a form of gender discrimination and is prohibited in employment under both Federal and Read More

What is Retaliation?

Retaliation is defined as “harming someone because they have harmed you” or, simply put, revenge. In employment, the term retaliation is used to mean “adverse employment action” against an employee who has engaged in “protected conduct.” In order to establish a prima facie case of retaliation, an employee must show each of the following: that the employee engaged in a protected activity; that the defendant subjected Read More

Reasonable Accommodation Rights of Disabled Employees in California

Nationwide, the Americans with Disabilities Act (ADA) protects American workers with disabilities from unfair treatment and discrimination. The California Fair Employment and Housing Act (FEHA) also protects disabled workers and generally provides broader safeguards than the ADA. The FEHA applies to all California employers with five or more employees. The FEHA defines ‘disability’ broadly as any physical or mental Read More

Xenophobia: Race and National Origin Discrimination in the Period of COVID-19

Race, ethnicity and country of origin are immutable characteristics. Individuals cannot alter the circumstances of their birth. Nor should anyone in the United States — a nation built by immigrants from all over the world — be made to feel unworthy because of those circumstances. That’s why California and Federal law prohibits discrimination based on race or national origin during any part of employment, such as Read More