Discrimination and harassment in employment law overview and helpful hints
Download
1 / 16

Discrimination and Harassment in Employment Law: Overview and Helpful Hints - PowerPoint PPT Presentation


  • 141 Views
  • Uploaded on

Discrimination and Harassment in Employment Law: Overview and Helpful Hints . Kenneth Tanji WorldEsquire Law Firm LLP 80 S. Lake Avenue, #708, Pasadena, CA 91101 (626) 795-5555 www.worldesquire.com ktanji@worldesquire.com. Definition of Harassment. 2 CCR §7287.6

loader
I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.
capcha
Download Presentation

PowerPoint Slideshow about 'Discrimination and Harassment in Employment Law: Overview and Helpful Hints' - linaeve


An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -
Presentation Transcript
Discrimination and harassment in employment law overview and helpful hints l.jpg

Discrimination and Harassment in Employment Law: Overview and Helpful Hints

Kenneth Tanji

WorldEsquire Law Firm LLP

80 S. Lake Avenue, #708, Pasadena, CA 91101

(626) 795-5555

www.worldesquire.com

ktanji@worldesquire.com


Definition of harassment l.jpg
Definition of Harassment and Helpful Hints

  • 2 CCR §7287.6

  • Verbal Harassment (i.e. comments)

  • Physical Harassment (i.e. assault)

  • Visual Harassment (i.e. posters)


Sexual harassment l.jpg
Sexual Harassment and Helpful Hints

  • Quid Pro Quo (sexual conduct linked to employment condition)

  • Hostile Environment (sexual conduct unreasonably interferes with work performance or creates hostile or offensive work environment)


Quid pro quo harassment l.jpg
Quid Pro Quo Harassment and Helpful Hints

  • Harassment by supervisor

  • “Unwelcome” conduct?

  • Same-sex harassment

  • Female-on-male harassment

  • Adverse effect required (firing, promotion, benefits, pay)


Hostile environment harassment definition l.jpg
Hostile Environment Harassment - Definition and Helpful Hints

  • Subjected to unwelcome conduct or comments

  • Sex-based

  • Harassment so severe that it alters conditions of employment and creates abusive working environment

  • Fisher v. San Pedro Peninsula Hospital (1989) 214 Cal.App.3d 590, 608


Hostile environment harassment severe conduct l.jpg
Hostile Environment Harassment – Severe Conduct and Helpful Hints

  • Work-related

  • Frequency

  • Severity

  • Judge from reasonable person in Plaintiff’s position (objective standard)

  • Plaintiff still must have been offended (subjective standard)


Hostile environment harassment notes l.jpg
Hostile Environment Harassment - Notes and Helpful Hints

  • Adverse effect NOT required

  • Psychological harm NOT required

  • Who can harass: supervisor, co-worker, nonemployee

  • Same-sex harassment, female harassment

  • Harassment based on gender: does not have to be “sexual” (i.e. pranks, picking on women)

  • Favoring the paramour


Other types of harassment l.jpg
Other Types of Harassment and Helpful Hints

  • Government Code §12940(j)

  • Race, religion, color, national origin, disability, medical condition, marital status, sex, age, sexual orientation


Liability for harassment l.jpg
Liability for Harassment and Helpful Hints

  • Employer liability

  • Supervisor harassed: strict liability

  • Non-supervisor harass: negligence analysis, reasonable steps to prevent harassment (knows or should know of conduct and fail to take appropriate corrective action)

  • Harasser liability: yes


Types of discrimination l.jpg
Types of Discrimination and Helpful Hints

  • Race, religion, color, national origin, ancestry, disability, medical condition, marital status, sex, sexual orientation, age (40 or over), pregnancy

  • Unlawful practices: hiring, compensation, terms, conditions

  • Coverage: 5 employees


Proof of discrimination disparate treatment l.jpg
Proof of Discrimination – Disparate Treatment and Helpful Hints

  • Disparate treatment (treat person different than person in similar situation because of discrimination)

  • Causation

  • Direct evidence

  • Circumstantial evidence


Proof of discrimination disparate impact l.jpg
Proof of Discrimination – Disparate Impact and Helpful Hints

  • Disparate impact (policy appears neutral but has differing impact on different groups)

  • Intent to discriminate NOT required


Defenses to discrimination l.jpg
Defenses to Discrimination and Helpful Hints

  • Disparate treatment: legitimate nondiscriminatory reason for action, lack of pretext, bona fide occupational qualification (reasonably necessary, all/substantially all persons in class fail to satisfy, impractical to change qualification)

  • Disparate impact: lack of proof of disparate impact, business necessity (legit business purpose, easier defense to satisfy)


Damages l.jpg
Damages and Helpful Hints

  • Reinstatement

  • Backpay: mitigation?

  • Frontpay: length?

  • Emotional distress: must be severe

  • Attorney fees: mostly for Plaintiffs, can include expert fees

  • Punitive damages: must be from act of managing agent or officer or director


Helpful hints 1 l.jpg
Helpful Hints - 1 and Helpful Hints

  • Employer prevention: training, take complaints seriously, document

  • Perils of representing Plaintiffs: many problems not actionable, rare clear liability, defense verdicts not uncommon, paper-intensive, defendants usually uninsured

  • Technicalities: exhaust administrative remedies, lawsuits limited to administrative claims, frequent demurrers and summary judgment motions


Helpful hints 2 l.jpg
Helpful Hints - 2 and Helpful Hints

  • Remember attorney fees: if liability clear or difficult to defend, may want quick settlement

  • Be aware of retaliation claims

  • Settlement value: Backpay and frontpay very significant

  • Expert consultants: good to have early in case if economically feasible

  • Proof: juries like witnesses