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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 necessitydefense to termination.

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California Proposes Regulations on Use of Criminal History in Employment Decisions

HRWatchdog

The employer can’t demonstrate that the criminal history is job-related and consistent with business necessity. For instance, the regulations emphasize that existing laws prohibit employers from considering an arrest or detention that did not result in a conviction when making employment decisions. race, gender, national origin); and.