Bay Area Employment Lawyer Blog

Seldom do employee-side lawyers cheer a ruling for the employer, but the Ninth Circuit decision holding that homophobic behavior in the workplace is not justified by an employee’s right to religious freedom was correctly decided and is good for employees. In Flanagan v. City of Richmond (Ninth Circuit June 19, 2017) No. 15-17258, Ms. Flanagan…

In a good day for fair jury selection in the State of California, the California Supreme Court reversed a conviction in a criminal case where a prosecutor used 10 out of 16 peremptory challenges to bump Hispanics off of the jury pool. People v. Gutierrez (June 1, 2017) 17 C.D.O.S. 5040. This case is equally…

For 32 years, Mr. Santillan worked for USA Waste of California, Inc. becoming perhaps the world’s most beloved garbage truck driver. The customers whose homes he serviced came out in droves to commend his work and he worked for 30 years receiving hardly any discipline. However, that changed when Mr. Santillan was assigned a new…

The Ninth Circuit Court of Appeals recently published a decision, providing guidance to courts on when hugs and other forms of unwanted touching cross the line and become sexual harassment. Victoria Zetwick began working for Yolo County as a correctional officer in 1988. In 1999, Edward Prieto was elected as the county sheriff and became…

Recently, it has been reported that campaign staffers were encouraged to “dress like women” while on duty. So what can an employer require of an employee with respect to his or her appearance? Employers are permitted to set grooming standards for their employees and those standards may differ for male and female employees. Over ten…

In 2012, the Supreme Court gave employers and employees alike clear rules about meal and rest breaks in California. The Court held that employers were required to provide employees with a full, thirty minute, uninterrupted meal period if an employee works five or more hours in a shift. In the alternative, employees may agree –…

Applicants for employment who are over forty years old often face numerous hurdles to finding new employment. In addition to facing stereotypes about their longevity and energy levels, applicants may find themselves searching for a job in a market that has completely changed since the last time they looked for a new job. Recently, the…

In Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc., 575 U.S. ____ (2015), the United States Supreme Court delivered the straight-forward rule that employers “may not make an applicant’s religious practice, confirmed or otherwise, a factor in employment decisions.” In this case, Abercrombie refused to hire a young Muslim woman named Samantha Elauf…

In a blow to those employees who suffer from stress and anxiety caused by abusive employers, a California Court of Appeals has determined that “an employee’s inability to work under a particular supervisor because of anxiety and stress related to the supervisor’s standard oversight of the employee’s job performance does not constitute a mental disability”…

Weaving v. City of Hillsboro, 763 F.3d 1106 (2014), involved an Oregon police officer who claimed he was terminated because of his disability, ADHD (Attention Deficit Hyperactivity Disorder). The jury found for Officer Weaving, however the Ninth Circuit took his verdict away, claiming that ADHD may have limited his life functions of working and/or interacting…