Remove hr-library defense-against-claims
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Even in ‘At-Will’ California, It’s Wise to Follow Disciplinary Process

HRWatchdog

Many individuals in protected categories (protected from discrimination) will claim their race, religion or other protected class as the basis for a termination. Discipline as Defense For other situations, however, progressive discipline provides a defense against a claim of discrimination or illegal termination.

ATS 80
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Terminating Employee on Workers’ Comp Involves Delicate Decisions

HRWatchdog

California Labor Code, Section 132a states, in part, that: “It is the declared policy of this state that there should not be discrimination against workers who are injured in the course and scope of their employment.” Business Necessity’ What employers can assert is a “business necessity” defense to termination. Not a member?

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Interactive Process Key to Accommodating Employee with Disability

HRWatchdog

This is why the records need to reflect the efforts made by the employer as a defense against any claim of disability discrimination. Dana Leisinger, HR Adviser, CalChamber. CalChamber members can read more about Reasonable Accommodation of Disabilities in the HR Library. Not a member?

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Employers Must Explore Reasonable Accommodations for Religious Beliefs

HRWatchdog

beliefs The California Constitution requires nearly all public sector employes to swear or affirm to “support and defend the constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic.” 21-15660, Apr. Employees must also “bear true faith and allegiance” to those constitutions.

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California Proposes National Origin Regulations

HRWatchdog

California has strict rules that prohibit harassment and discrimination based on protected classes, including national origin. The draft regulations discuss the type of acts that may constitute national origin discrimination. Explanation of rules relating to accent discrimination. Comment Period. 505 Van Ness Avenue.

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California Proposes Regulations on Use of Criminal History in Employment Decisions

HRWatchdog

Under the proposal, bright-line conviction disqualification policies that don’t contain an individualized assessment of the facts and that include conviction-related information that is seven or more years old will be presumed to not be sufficiently tailored to meet a job-related/consistent with business necessity defense. Berkeley, CA 94704.

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Ask a Manager speed round

Ask a Manager

Not in a defensive way and you don’t want to get into an argument about it, but the more transparent you can be about the reasons, the better and fairer that is. Ask HR to say something to her? I’d flag it for HR and point out that it’s coming across as mocking trans and non-binary people. Firing My First.