On February 23, 2015 a Pennsylvania jury found Risperdal drug maker Janssen Pharmaceuticals failed to properly warn of the potential for Risperdal to cause gynecomastia, a condition in which males grow enlarged breasts. As a boy, Austin
Harassment is unfair conduct targeting an employee or a group of employees based upon a protected class. Harassment can be verbal, physical, or visual (such as posters, cartoons, or drawings). See, Cal. Code Regs., tit. 2, §7287.6(b)(1).
For example, if employees frequently refer to a back co-worker as “boy” or use racial slurs, then
An independent contractor is a person who an employer hires to complete a project. The employer does not have control over how the project is completed. In California, a person hired to do something for the benefit of another is assumed to be an employee unless the employer proves otherwise. See, Labor Code, § 3357.
For example,
An employee is a person hired by employers to do something for the employer’s benefit or for the benefit of the employer’s customers. An employer has the right to control how the employee does their work is done by the employee. See, Labor Code, § 2750.
As discussed here, whether someone is an employee
An employer cannot fire, demote, refuse to hire, or take other job actions concerning employees based on the employee’s
For example, if a clothing store decides to give raises only to non-Latino employees because it wants the store’s appearance to match a
Retaliation involves an employer taking adverse employment action against an employee because the employee opposed any workplace harassment or discrimination forbidden by law, or because the person filed a complaint, testified, or assisted in any proceeding
See, CACI 2505 and Government Code, § 12940(h).
An employer faced with an allegation of discrimination resulting from disparate impact can defend against the allegation by claiming business necessity. To use this defense, the employer must prove that there was a real business purpose behind the workplace practice or policy that resulted in discrimination. There must also be no other way to achieve
California’s law protects employees not only from so-called ultimate employment actions such as termination or demotion, but also from any adverse employment action – i.e. the entire range of employment actions that are likely to have a substantial negative impact on an employee’s job or career.
Although offensive or rude comments or even repeated social
When an employer or supervisor requires an employee to engage in sex to keep their job or receive some job benefit like a raise or promotion, that’s quid pro quo harassment. California’s FEHA law (Fair Employment and Housing Act) prohibits quid pro harassment and permits the employee to sue both the employer and the harasser.
