What is Illegal Retaliation?

It is illegal for an employer to retaliate against an employee who has made a  discrimination or sexual harassment claim, or who has filed a charge with the California Department of Fair Employment and Housing or the Equal Employment Opportunity Commission, or who has participated in a sexual harassment investigation as either a complainer or a witness,  Read More …

EEOC’s New Pregnancy Discrimination Guidelines and Fair Employment: Know Your Rights

    Recently, the Wall Street Journal published an op-ed article on the Equal Employment Opportunity Commission’s new guidelines to pregnancy discrimination laws. Suffice to say, the writer of said Wall Street Journal piece found little justification for the new legislation. Instead, he claimed that the new changes were simply another “radical legal interpretation” that  Read More …

Hughes v. Pair Presents Potential Quid Pro Quo Loophole

The California Supreme Court in Hughes v. Pair (July 2009) ruled that sexual requests to a plaintiff, without consequential adverse action in response to a plaintiff’s refusal to comply with sexual favors, does not constitute quid pro quo sexual harassment. After the plaintiff’s trustees had voted to give her money for just one month for  Read More …

Sexual Favoritism and Hostile Work Environment

Sexual favoritism can create a hostile work environment, even for those who are not sexually propositioned. California law provides that plaintiffs may establish the existence of a hostile work environment, even when they themselves have not been sexually propositioned. Widespread favoritism based upon consensual sexual affairs may imbue the workplace with an atmosphere that is  Read More …

Common Mistake #7 – Not Understanding Retaliation

   It is illegal for an employer to retaliate against a sexual harassment or discrimination victim for filing a charge with the DFEH or EEOC, participating in a sexual harassment investigation, or opposing discriminatory practices. If, for example, an employee makes a claim of sexual harassment that does meet the legal criteria of being sufficiently  Read More …

Common Mistake #4 – Failing to Follow-Up After Complaining to the Employer

   After an employee makes a complaint to his or her employer regarding sexual harassment, the employer is required to take action. The California FEHA states that employers must take all reasonable steps to prevent unlawful harassment. California and federal law requires that an employer must take remedial action in response to a report of sexual harassment.  Read More …

Common Mistake #2 – Not Documenting the Harassment

   As the harassment occurs, it can be helpful in later litigation to have a written account of each incident of harassment that took place. As part of documenting the harassment, make sure to save any memos, letters or emails that are related to the harassment, but be careful not to violate the employer’s confidentiality  Read More …