Introduction to the Case In the annals of American history, few cases resonate as deeply as that of Nicola Sacco and Bartolomeo Vanzetti. These two Italian immigrants became symbols of injustice in a legal system marred by prejudice and fear. Their story is not just one of murder conviction but also an exploration of societal […]
Category: Discrimination
Types of Employment Discrimination Under Title VII of the Civil Rights Act of 1964
Introduction to Title VII of the Civil Rights Act of 1964 Greetings to our blog, dedicated to the exploration of employment discrimination under Title VII of the Civil Rights Act of 1964. This pressing matter affects individuals of diverse backgrounds in the workplace and must be addressed. It is imperative to recognize the various forms […]
New California requirements for employment separation agreements
(A) It is an unlawful employment practice for an employer or former employer to include in any agreement related to an employee’s separation from employment any provision that prohibits the disclosure of information about unlawful acts in the workplace. (B) A nondisparagement or other contractual provision that restricts an employee’s ability to disclose information related to conditions […]
Sex discrimination in the workplace
HIRAISHI v. DeLEON, Cal: Court of Appeal, 2nd Appellate Dist., 6th Div. 2022 The California Fair Employment and Housing Act (FEHA) prohibits a variety of conduct in the workplace, including gender discrimination and gender harassment. (See Gov. Code, § 12940, subds. (a) & (j)(1).) Discrimination focuses on “explicit changes in the `terms, conditions, or privileges […]
Adverse employment action
CACI No. 2509. “Adverse Employment Action” Explained [Name of plaintiff] must prove that [he/she/nonbinary pronoun] was subjected to an adverse employment action. Adverse employment actions are not limited to ultimate actions such as termination or demotion. There is an adverse employment action if [name of defendant] has taken an action or engaged in a course […]
Damages under the California Fair Employment and Housing Act
A successful plaintiff under FEHA may recover the following: back pay (also referred to as back wages or lost earnings) (see Govt C §12965(c). Commodore Home Sys., Inc. v Superior Court (1982) 32 C3d 211.); front pay (or lost future earnings) to offset future pecuniary losses until he or she finds appropriate new employment; actual and general compensatory damages, including […]
Gender discrimination in the workplace
The California Fair Employment and Housing Act (FEHA) (as well as Title VII) makes it an unlawful employment practice for an employer, “because of the . . . sex . . . of any person, . . . to discriminate against the person in compensation or in terms, conditions, or privileges of employment.” (Gov.Code § […]
Employee benefit plans – Rule 701
Per the SEC Rule 701 exempts certain sales of securities made to compensate employees, consultants and advisors. This exemption is not available to Exchange Act reporting companies. A company can sell at least $1 million of securities under this exemption, regardless of its size. A company can sell even more if it satisfies certain formulas based on […]
Sexual harassment
Quid Pro Quo The essence of the quid pro quo theory of sexual harassment is that an individual “relies upon his apparent or actual authority [in order] to extort sexual consideration from an employee.” Henson v. City of Dundee, 682 F.2d 897, 910 (11th Cir.1982). The courts have stated that quid pro quo sexual harassment […]
Retaliation for opposing discrimination
Title VII and the FEHA prohibit employers from retaliating against employees for engaging in certain protected activities. See 42 U.S.C. §§ 2000e-2(a), 2000e-3. Title VII claims are governed by the burden-shifting framework established in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802 (1973). Under this framework, the plaintiff bears the initial burden of demonstrating […]