The Blog: Discrimination

Employers must be vigilant against Unlawful Discrimination at hiring and termination (and every other moment of a worker’s employment too). Management cannot discriminate based on an employee’s membership in a “protected class.” State and federal law establishes protected classes, including race, religion, disability, sex, age, sexual orientation, workers’ comp status and medical leave status. Our lawyers know that the right policies and procedures go far to protect your company against unlawful discrimination complaints.

Prevailing Employers Are Entitled To Attorneys’ Fees

That’s what the California anti-discrimination statute says.  But California courts have interpreted “prevailing” employer to mean “but only if” the employee’s discrimination lawsuit was “unreasonable, frivolous, meritless, or vexatious.” 
So it’s not enough for the employer to win the case.  Employer still losses on attorneys’ fees if the employee’s lawsuit is deemed to be “reasonable” or have some, however slight, …

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Management Discriminates Daily, But Is It Unlawful Discrimination?

Jack Welch, in his book, Winning (chapter 3 “Differentiation” page 37), underscores one of his core values by stating:
“Companies win when their managers make a clear and meaningful distinction between top- and bottom-performing businesses and people, when they cultivate the strong and cull the weak. Companies suffer when every business and person is treated equally and bets are sprinkled all …

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