Employer Retaliation Caution

Earlier this month, the California Governor signed assembly bill 987 to expand provisions of the Fair Employment and Housing Act, which prohibits harassment and discrimination based on protected classifications. Under this bill, employers may not retaliate or otherwise discriminate against a person for requesting an accommodation for a disability or religious reason, regardless of whether the request is granted. This bill was signed in response to a recent court decision (Rope v. Auto-Clor System of Washington, Inc., 220 Cal. App. 4th…

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Employers Need Not Accommodate Unqualified Employees

By: Sam G. Sherman, Esq. A federal district court in Johnson v. Board of Trustees of the Boundary County School District No. 101, recently clarified the circumstances under which an employer must accommodate a disabled employee or job applicant. The Court ultimately found that the employer need not accommodate an employee in obtaining the qualifications necessary to perform the job. Federal law prohibits an employer from discriminating against disabled employees. To prevail in a…

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EEOC Release Reveals Record Charges in 2011

By: Sam G. Sherman, Esq. On November15, 2011, the U.S. Equal Employment Opportunity Commission released its fiscal year 2011 numbers. The full text of the release can be found on the EEOC website. The EEOC received 99,947 charges of discrimination in fiscal year 2011. This was the highest number in the agency's history. The agency also obtained more than $364.6 million in monetary benefits for individuals claiming workplace discrimination. Finally, the report showed that the EEOC's private sector…

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