With the 2016 hiring season well under way, California employers are well advised to reconsider their use of criminal records in making hiring decisions. Although employers are probably aware of “ban the box” and other legislative initiatives, they may not be as familiar with the liability exposure they may create by when using blanket policies to reject applicants because of
Continue Reading Handling Applicant Criminal Records to Avoid Disability Discrimination Claims
Northern District of California Judge Rules DFEH Does Not Have the Authority to Prosecute Violations of Title I of the Americans With Disabilities Act
By: Kristina Launey and Courtney Bohl
On June 11, 2014, Northern District of California Judge Jon S. Tigar ruled that the California Department of Fair Employment and Housing (“DFEH”) has neither standing nor statutory authority to enforce Title I of the Americans with Disabilities Act (“ADA”). The decision made clear that while the DFEH has had authority—since January 1,
Continue Reading Northern District of California Judge Rules DFEH Does Not Have the Authority to Prosecute Violations of Title I of the Americans With Disabilities Act
Just Say No! Protection for Workplace Medical Marijuana Use Up in Smoke
Drug use in California can cause headaches for employers. Balancing employee privacy interests against safety concerns forces employers to make tough choices with little guidance. Legal drug testing of existing employees is so limited that most drug use won’t be detected until after an accident. With increasing support for legal medical marijuana, many employers have struggled to determine how to
Continue Reading Just Say No! Protection for Workplace Medical Marijuana Use Up in Smoke