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<title>discrimination - California Employment Law Report</title>
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<copyright>Copyright 2011</copyright>
<lastBuildDate>Mon, 04 Oct 2010 16:01:53 -0800</lastBuildDate>
<pubDate>Tue, 29 Nov 2011 12:55:00 -0800</pubDate>
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<title>Reader Question - Workplace Relationships</title>
<description><![CDATA[<p><strong><em>Q:&nbsp; Is it &quot;Illegal&quot; to work with a relative as your co-worker or supervisor, or is it left up to the facility/business to make rules regarding how/who they hire as their employees?</em></strong></p>
<p>There is nothing in California law that prohibits family members from working together.  <img align="right" alt="" style="width: 114px; height: 171px;" src="http://www.californiaemploymentlawreport.com/uploads/image/divorce%202.jpg" />However, many companies institute non-fraternization or anti-nepotism policies as a safety measure to prevent work-place disputes that boil over from non-work relationships as well as to avoid claims of sexual harassment or discrimination.  In fact, it is advisable for companies to have such policies.</p>
<p>One of the most problematic areas that arises is when two employees are dating, but the relationship goes sour.  As you can imagine, this creates an awkward working environment that will take away from the employees&rsquo; productivity, in addition to exposing the company to a sexual harassment claim if one of the employees continues to pursue the other while at work.  Also, if the relationship was between a supervisor and a subordinate, the company faces liability if the supervisor favors the person he/she is having the relationship with over other employees when making decisions about bonuses or promotions.</p>
<p>To avoid this problem, many companies have policies in place the either prohibit relationships at work, or some companies require the employees to disclose the relationship.  Then the company can work with the employees to see if moving one or both employees to different divisions and/or locations within the company could prevent any potential problems should the relationship not workout in the future.  Employers have to walk a fine-line however, because employees have an expectation of privacy about their personal lives while away from work, so employers cannot have too evasive policies.  It is best to have a knowledge CA employment lawyer review the policy in advance.  <br />
&nbsp;</p>]]></description>
<link>http://www.californiaemploymentlawreport.com/2010/10/articles/best-practices/reader-question-workplace-relationships/</link>
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<category>Best Practices For California Employers</category><category>Employee Handbooks</category><category>Wrongful Termination</category><category>anti-nepotism</category><category>discrimination</category><category>non-fraternization</category><category>sexual harassment</category><category>workplace conflict</category><category>workplace relationships</category>
<pubDate>Mon, 04 Oct 2010 16:01:53 -0800</pubDate>
<dc:creator>Anthony Zaller</dc:creator>

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<title>Less Discrimination Lawsuits Equals More Wage And Hour Lawsuits?</title>
<description><![CDATA[<p>The WSJ recently reported, there is a trend that <a href="http://online.wsj.com/article/SB123500883048618747.html">discrimination based lawsuits fair a lot worse than most other cases filed in federal court</a>.  A study found that discrimination cases lose at a higher rate and are more likely to be dismissed at early stages in the lawsuit.  The article reports:</p>
<blockquote>
<p>The odds against winning discrimination cases have some employee lawyers reluctant even to try. &quot;We will no longer take individual employment-discrimination cases, because there's such a high likelihood of losing,&quot; New York plaintiffs' attorney Joe Whatley Jr. says. Job-discrimination case filings declined by 40% from 199<a href="http://online.wsj.com/article/SB123500883048618747.html"><img height="198" width="120" align="right" src="http://www.californiaemploymentlawreport.com/uploads/image/WSJ Image.gif" alt="Source: WSJ.com" /></a>9 to 2007, federal court records show.</p>
</blockquote>
<p>The article also points out that discrimination cases are dismissed more often at the summary judgment stage:</p>
<blockquote>
<p>Even the federal courts have detected the pattern of more dismissals in discrimination cases, though they surmise different reasons for it than do plaintiffs' lawyers. A report last year by the Federal Judicial Center, the research arm of the federal courts, found that judges nationwide terminated 12.5% of employment-discrimination cases through summary judgments, before the suits reached trial. In 90% of those cases, it was the employers who requested the summary judgment. In contrast, the study found, 3% of contract cases and 1.7% of personal-injury and property-damage suits were dismissed via summary judgments.</p>
</blockquote>
<p>There can be a number of reasons for this as the article points out: employers settle bad cases before litigation and employers have implementing better policies and maintain better documentation to defend themselves against discrimination claims.</p>
<p>It is interesting to note that during this same time period that discrimination class are declining, there is a noticeable increased amount of wage and hour litigation.  In fact, wage and hour lawsuits <a href="http://www.msnbc.msn.com/id/20908975/">more than doubled in federal courts from 2001 to 2006</a>.&nbsp; No matter what the cause, discrimination cases are harder to bring, and harder to win.  What replaced discrimination claims during this same time period?  Wage and hour claims for violations of overtime pay, non-payment of wages, and not providing meal and rest breaks.&nbsp; <br />
&nbsp;</p>]]></description>
<link>http://www.californiaemploymentlawreport.com/2009/02/articles/wage-hour-law/less-discrimination-lawsuits-equals-more-wage-and-hour-lawsuits/</link>
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<category>Class Actions</category><category>Meal &amp; Rest Breaks</category><category>Wage &amp; Hour Law</category><category>Wrongful Termination</category><category>discrimination</category>
<pubDate>Thu, 19 Feb 2009 09:20:16 -0800</pubDate>
<dc:creator>Anthony Zaller</dc:creator>

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