It is often difficult for a female applicant for employment to prove that an employer refused to hire her because of her gender.  In a recent case, the female applicants did not have such difficulty – they presented evidence that the employer told female applicants that it does not hire women because it only has… Continue reading Too Pretty to Work on an Oil Rig?

Next week, the EEOC will publish proposed rules addressing how the ADA applies to employee wellness programs that are part of group health plans and that include questions about employees’ health or medical examinations.  In the interim, the EEOC has issued a Fact Sheet for Small Business and Questions and Answers for the general public. The… Continue reading EEOC Issues Guidance on Employee Wellness Programs

To date, the EEOC has filed two lawsuits against employers for discriminating against transgender employees.  Today, a settlement was announced in one of the two cases.  The settlement requires the employer to pay $150,000, implement a new gender discrimination policy, and provide training to management and employees “regarding transgender/gender stereotype discrimination.”  In the lawsuit, the… Continue reading Don’t Transition Transgender Employee out the Door

In California, with a few very narrow exceptions, any contract that restrains anyone from engaging in a lawful profession, trade or business of any kind is void.  Cal. Bus. & Prof. Code § 16600.  As a result, non-competition agreements with employees are typically unenforceable.  Earlier this week, the Ninth Circuit Court of Appeals looked at… Continue reading It’s Different for Employees in California

A recent EEOC settlement highlights the risk of ignoring a doctor’s full release.  According to the EEOC, the employer refused to return an employee to his job after the employee had a heart attack. The employee was released to work by his doctor with no restrictions but the employer refused to put him back to work… Continue reading Second Guessing A Doctor’s Release