Discrimination - Vision Law

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  • By: Scott Shibayama, Esq.
  • Published: April 14, 2014

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, legal and/or factual basis. An employee on the other hand is considered the prevailing party if she/he is awarded any money or even without any…Read More

  • By: Scott Shibayama, Esq.
  • Published: November 9, 2012

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 around like rain in the ocean.” Whether they act on it or not, business management differentiates or “discriminates” when it comes to employees. The question is…Read More

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