Familial Status Discrimination – Part III: Potential Liability for Landlords

Author: Trina M. Clayton There has been a marked increase in familial status suits over the past several years, with many more that settle under confidential agreements for monetary damages, making the potential for these claims quite serious.  A landlord found to be in violation of familial status housing laws could incur any number of penalties including: Civil penalties of up to $16,000 for a first violation and $65,000 for future violations; Actual damages to reimburse a tenant or prospective … Continued

Do I have to Pay a Job Applicant for “Try Out” Time?

Author: Trina M. Clayton When hiring a new employee, many employers find it valuable to observe a candidate perform essential job skills, to help them select the right applicant.  An employer may ask a candidate to demonstrate how they would actually perform the job – for instance – having a delivery driver lift heavy boxes, having a cook demonstrate food preparation skills, or having an office worker perform a typing test.  Employers should be mindful, however, that depending on what … Continued

What To Do When The ICE-Man Cometh

Author: Trina Clayton Less than a month after federal immigration officials raided nearly 100 7-Eleven stores nationwide, U.S. Immigration and Customs Enforcement (ICE) agents conducted another sweep at the end of January – searching 77 businesses in the San Francisco and Sacramento areas in what was believed to be the largest localized raid since President Donald Trump took office.  What’s more, it doesn’t look like this will be the end of the ICE raids.  ICE acting director Thomas Homan has … Continued

Salary Inquiry Ban – AB 168

Author: Trina Clayton Women – Have you ever felt that you were being paid less money than the men sitting right next to you, doing pretty much the same work?   Were there times where you actually knew this to be the case?  You are not alone! Several studies reflect the unfortunate reality that women have historically been paid less than their male counterparts for performing substantially similar work.  AB 168 was enacted to try and fix this persistent gender pay … Continued

California Fair Pay Act Expansion – AB 46

Author: Trina Clayton As an important reminder, in 2016, California enacted the Fair Pay Act, which revised and expanded previous state law relating to gender pay inequality – the Fair Pay Act was expanded in 2017 to address racial/ethnic wage disparity. The current law prohibits a private employer from paying any of its employees wage rates that are less than the rates paid to employees of another gender, race or ethnicity, for substantially similar work.  If such a wage differential … Continued

Harassment Prevention Training Expansion – Transgender Rights – SB 396

Author: Trina Clayton With the federal government’s seemingly monthly attempts to chip away at the rights of transgender individuals – we wanted to start off 2018 with some positive news for the transgender community in California.  State law will soon expand mandatory harassment training to include training on transgender rights. Current law requires California employers with 50 or more employees to provide supervisors with two hour of sexual harassment prevention training within six months of their assumption of a supervisory … Continued

Update on 2017 Transgender Protection Regulations

Author: Trina Clayton With the recent media frenzy surrounding President Trump’s attempt to ban transgender individuals from serving in the military, and Attorney General Jeff Sessions’ formal determination that federal civil rights law does not protect transgender workers from employment discrimination, we thought it a particularly fitting time to highlight some of the new 2017 rights and protections afforded to transgender individuals, here in California. In May 2017, the California Department of Fair Employment and Housing (DFEH) approved new regulations … Continued