August 2009

Failure of an employer to allow an employee to breastfeed during her rest break can subject the employer to a sex discrimination lawsuit and hefty damages.  Just ask the owner of Acosta Tacos in Los Angeles.

In a "precedential decision" by the Fair Employment and Housing Commission ("FEHC"), which regulates and enforces California’s

What is “religion”? May an employer question the sincerity of an employee’s alleged religious beliefs? The U.S. Supreme Court has defined "religious belief" as a belief that is: "religious" in the employee’s own scheme of things and sincerely held by the employee. Thus, the law’s protection extends beyond "traditional" religions.

One of the best examples

In addition to protecting qualified applicants and employees with disabilities from employment discrimination, one ADA provision – the "Association" provision (42 U.S.C. § 12112(b)(4))– protects applicants and employees from discrimination based on their relationship or association with an individual with a disability, whether or not the applicant or employee has a disability.

Protection Against Adverse

A large number of EEO investigations I have done have involved some aspect of disability or a medical leave of absence claims—even if "Disability Discrimination" is not the main claim being made by the employee complainant.  EEO investigations are oftentimes complex with many different legal issues, and “disability” may be just one of many allegations.