I recently attended a couple of legal seminars and I wanted to take this opportunity to bring you up to date on some employment law changes and updates that are important for business owners.
Paid Family Leave (PFL)
SB 770, which went into effect July 1, 2014, expands Paid Family Leave to cover time off to care for a seriously ill grandparent, grandchild, sibling or parent-in-law. Previously, PFL was available only to employees who take time off to care for a seriously ill child, spouse, parent, or domestic partner; or to bond with a minor child within one year of birth or placement related to foster care or adoption.
LGBT Discrimination
Twenty-two states, including California, have passed state laws prohibiting discrimination on the basis of sexual orientation. California is one of the 19 of those states that also ban gender identity discrimination. Recent reports indicate that President Barack Obama will soon sign an executive order banning federal government contractors from discriminating against lesbian, gay, bi-sexual and transgender (LGBT) employees and job applicants.
Age Discrimination
Discrimination, whether overt or suggested, can be costly. An example is the case of Nickel v. Staples. Bobby Dean Nickel, 64, and a 9-year employee with good reviews, alleged that managers stated they needed to “get rid of” older, higher paid workers. When he refused to resign voluntarily, he underwent a series of false accusations and increasing levels of harassment, including being called an “old coot” and “old goat” in meetings. In the trial earlier this year, the jury found in Nickels favor, awarding him $26 million, including more than $22 million in punitive damages.
Disability Accommodation
In May, in EEOC v. Ford Motor Co. the court held that the American Disabilities Act (ADA) may require an employer to permit telecommuting as a “reasonable accommodation” for a disabled employee, even if “attendance” is an essential job function. The case involved an employee with irritable bowel syndrome who had asked to telecommute several days a week as part of her “reasonable accommodation.”