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News Bulletin: Pending Legislation Affecting Employers

The State Assembly recently passed a bill (AB196) that would prohibit employment discrimination based on perceived gender, which includes trans-gender individuals and those who do not fit gender stereotypes. In Washington, the House passed a bill (HR 100) that would permit employers to offer retirement investment advice to employees and require that employers provide plan […]

Lawmakers Try to Address Workplace Gender Identity Issues

Gender identity disorder is a medically recognized condition in which a person’s gender identity doesn’t match his genetic sex. In some cases, the recommended standard of care is counseling and sex reassignment therapy, which includes representing yourself as the gender corresponding to your identity, hormone replacement therapy, and, eventually, gender reassignment surgery. Although federal law […]

News Flash: Court Raises The Stakes For Using Illegal Noncompete Agreements

Contracts that bar employees from working for competitors after they leave your company are unenforceable under California law in most cases. And now such provisions pose an even bigger problem for employers. That’s because a Court of Appeal has recently ruled that you can be sued for insisting employees sign a noncompete agreement as a […]

News Notes: Arbitration Provision In Union Contract Doesn’t Preclude Whistleblower Lawsuit

The Ninth Circuit Court of Appeals has ruled a labor arbitration provision in a collective bargaining agreement doesn’t bar an employee from filing a lawsuit claiming he or she was discharged in retaliation for filing a complaint with Cal-OSHA. This is true unless the union contract contains a “clear and unmistakable” waiver of the employee’s […]

HR Lawsuits Get Personal (Part 2 – What to Do)

The threat of individual lawsuits is growing, and HR managers are right in the thick of it. Here are tactics for avoiding such suits … and an antilawsuit tool you should be using regularly. Yesterday’s Advisor reported on a troubling increase in plaintiffs in employment law cases filing suit against individual managers as well as […]

News Notes: Sex Harassment Complaints To EEOC Are Leveling Off

Data compiled by the federal Equal Employment Opportunity Commission indicate that sex harassment complaints received by the agency and its state counterparts have leveled off. Between 1992 and 1995, the number of complaints jumped from 10,532 per year to 15,549, and 15,836 charges were filed in 2000. The EEOC found no reasonable cause to believe […]

Feds Push to Publicize Exchanges in Wake of Unpreparedness Charges

More than a month after Max Baucus, D-Mont., an early proponent of health reform, said the implementation of state-based health insurance marketplaces was going so poorly that a “train wreck” would ensue, the Obama administration is now launching a public relations effort aimed at teaching consumers how to buy marketplace coverage. Marketplaces are supposed to […]

Southern California Transit Companies Pay $100K for Race Bias

Three transit companies based in Pomona have agreed to pay a combined $100,000 to settle a race and sex harassment lawsuit filed by the Equal Employment Opportunity Commission (EEOC). The EEOC’s lawsuit charged that a group of black female employees of Diversified Paratransit Inc., Paul’s Yellow Cab, and Inland Express were subjected to a hostile […]