Author Archives: Jay Butchko
California May Enact Captive Audience Bill in the Workplace
The California governor has not yet signed, but is expected to sign, a measure passed by the California legislature, which is designed to avoid workers being discriminated against or indoctrinated. It’s called the Employer Intimidation Act, and if passed it could provide not only protections for workers—but a private right of action, allowing workers… Read More »
Pregnancy Protections for Workers May Not Extend to Fertilization Procedures
Pregnancy, and medical conditions related to pregnancy, are protected in the workplace. That means that your employer must accommodate your medical needs related to pregnancy and cannot discriminate against you for being or becoming pregnant in any way. But the wording of the law, which falls under California’s Fair Employment and Housing Act (FEHA),… Read More »
Understanding the Same Decision Defense in Mixed Cause Employment Cases
As in other states, California allows employers who are being sued by employees to assert what is known as the same decision defense. As the name suggests, this is a defense that admits that the employer retaliated, or discriminated against the employee. However, the defense is, because of other factors, the end result—the firing… Read More »
Signs Your Employer is Using Pretext to Set You Up
Although there are many illegal reasons to fire or punish an employee, there are also plenty of perfectly legal reasons. One of those reasons is simply poor job performance, not doing what your superior says, violating company rules, or any of a number of things that common sense would tell you could get you… Read More »
Can Your Employer Make You Disclose Your Social Media Passwords?
When you apply for a job, or even when you are already working for an employer, you probably expect there will be some investigation into your background. You’d expect to provide things like criminal background checks, drug tests, or credit checks. But what if your employer or potential employer goes a step further: what… Read More »
Understanding California’s Ban the Box Laws
While it is admittedly never great to have a criminal history, the fact remains that the criminal law is an imperfect system, and people make mistakes. That shouldn’t forever mark you as unfit for employment. That concept is at the heart of California’s “ban the box” initiative, which limits how much a potential employer… Read More »
Workers Returning From Medical Leave Can End Up Being Victims of Discrimination
Under both California and federal law, employees have a right to leave from work, to attend to their own, or to family medical issues, problems, or emergencies (which also includes childbirth, and post-childbirth care). And often, employers abide by these laws, understanding that there can be penalties for violating a worker’s medical leave act… Read More »
Can You Get Punitive Damages in an Employment Discrimination Case?
In an employment discrimination case, just like in many types of cases where someone is injured or wronged, the purpose of damages is to make the victim whole. In employment law cases, that can include lost wages, or financial losses because of harassment or discrimination. That can also include compensation for the victim’s emotional… Read More »
Discriminatory Things Employers Say in Job Interviews
Let’s say that you go to a job interview. The questions seem pretty standard. They didn’t seem to ask anything that would seem obviously discriminatory. But did they? You may be surprised to know that there are a lot of things that employers cannot ask in job interviews—but they often do. And when they… Read More »
Discrimination in the Workplace Because of Mental Health or Mental Illness
Despite all the public information campaigns, the news articles, and the awareness movements, the sad fact remains that there is still discrimination against people with mental illness. That discrimination comes in two forms: One is the mere fact that so many people don’t see mental illness as “real,” or at least, a real disability,… Read More »
