Employers are getting a break in disability discrimination cases. The California Supreme Court has ruled that it's up to employees to show they are qualified for the job when they file lawsuits claiming they were fired or demoted because of their disabilities. Companies don't have to...
Harassment. The California Supreme Court has ruled that vulgar language used in the workplace is sometimes acceptable. The court dismissed a case by a former assistant on the Friends television show. The assistant claimed that she was the target of harassment during script sessions and that...
On July 18, 2005, the California Supreme Court ruled that favoritism in the workplace might constitute unlawful sexual harassment in violation of the Fair Employment and Housing Act, otherwise known as FEHA. Two former employees of the Valley State Prison for Women, Edna Miller and Frances Mackey, filed a...
Byline: ROBERTO CENICEROS SAN FRANCISCO-Employers in California face new employment practices liabilities arising from sexual affair-linked favoritism by managers, following a ruling by the state's Supreme Court last week. In a unanimous decision, California's high court ruled that employees can sue...
The California Supreme Court ruled that employees could sue their employers but not their co-workers for sexual harassment. The decision upholds a 4th District Court of Appeals ruling that reversed a legal trend allowing co-workers to sue each other under the California Fair Employment & Housing...
This article says that an employer may avoid liability for harassment that does not involve an adverse employment action (e.g., termination or demotion) if the employer can demonstrate: (1) it took reasonable steps to prevent and promptly correct sexual harassment in the workplace, and (2) the aggrieved employee unreasonably failed...
In late November, the California Supreme Court delivered a near unanimous decision written by Justice Kennard with Justice Moreno in concurrence in the case of State Department of Health Services v. Superior Court, 31 Cal. 4th 1026 (2003), confirming st In late November, the California...
SAN FRANCISCO -- The California Supreme Court here has ruled that individual employees are not personally liable for retaliation under the state's Fair Employment and Housing Act. The case involved a restaurant manager at a La Jolla resort who sued his former boss for sexual-orientation harassment and discrimination. ...
Employers are getting a break in disability discrimination cases. The California Supreme Court has ruled that it's up to employees to show they are qualified for the job when they file lawsuits claiming they were fired or demoted because of their disabilities. Companies don't have to...
Harassment. The California Supreme Court has ruled that vulgar language used in the workplace is sometimes acceptable. The court dismissed a case by a former assistant on the Friends television show. The assistant claimed that she was the target of harassment during script sessions and that...
Byline: ROBERTO CENICEROS SAN FRANCISCO-Using "sexually coarse and vulgar language'' does not necessarily constitute sexual harassment based on a hostile work environment, California's Supreme Court found in a case involving the "Friends'' television show. The unanimous decision stems from a lawsuit...
There once was a scribe from Nantucket ... Hollywood is working blue again, at least behind the scenes. The California Supreme Court ruled last week that workplace profanity and sexual jokes aren't just OK, they're part of the ...
THEY SAY love is a many-splendored thing. Today, it's an on-the-job thing as more employees gaze longingly at each other from across crowded cube farms. In a 2005 CareerBuilder.com survey, some 56 percent of workers revealed that they have dated a co-worker, and 31 percent have had an office romance...
For workplace sexual conduct to constitute prohibited sexual harassment, it generally must be unwelcome. If it's welcome, the conduct still may be inappropriate for the workplace, but usually it's not unlawful. [ILLUSTRATION OMITTED] Nevertheless, the California Supreme Court recently ruled in Miller v. Department of Corrections,...
An employee makes lewd jokes, a supervisor talks about the date he had last night, a recently fired woman says her former boss used to leer at her. Which one is sexual harassment? It all depends. Today's workplace is largely rid of overt touching and threats,...
Sexual harassment. In the first case of its kind, the California Supreme Court has ruled that widespread sexual favoritism in the workplace can create a hostile workplace environment. While an isolated case of favoritism would not be grounds for a harassment charge, ruled the court, employees...
In a decision that may have employers scrambling to rewrite their sexual harassment policies, the California Supreme Court has allowed two workers to bring sexual harassment claims against their employer because a supervisor's sexual favoritism of other women created a hostile work environment. (Miller v. Dep't...
A supervisor who has sexual affairs with workers can create a hostile work environment for employees not involved in the affairs, according to a California Supreme Court ruling that overturned earlier court decisions. Edna Miller and Frances Mackey, who worked at a women's prison in California, filed a...
The California Supreme Court has given employers a new reason to stay awake nights-this time, worrying that affairs between superiors and consenting subordinates will spill over into the workplace. In Miller v. Dep't of Corrections, 36 Cal. 4th 446, 2005 Cal. LEXIS 7606 (Jul. 18, 2005), the California...
On July 18, 2005, the California Supreme Court ruled that favoritism in the workplace might constitute unlawful sexual harassment in violation of the Fair Employment and Housing Act, otherwise known as FEHA. Two former employees of the Valley State Prison for Women, Edna Miller and Frances Mackey, filed...
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