An Employer’s Past Practices and Policies Concerning the Duration of Reasonable Accommodations Can Establish the Reasonableness of Future Accommodations
The Fair Employment and Housing Act (FEHA) gives employers many responsibilities as to applicants and employees with disabilities. This case provides guidance on how these responsibilities function in the context of Police Academy training.
A county correctional officer sued the county and its sheriff, alleging that the sheriff created a sexually hostile work environment in violation of Title VII of the federal Civil Rights Act of 1964 and the California Fair Employment and Housing Act. The officer claimed that, during a 12-year period, the sheriff greeted her with unwelcome hugs on over 100 occasions, and an unwelcome kiss at least once, thereby creating a sexually hostile work environment.
Efrain Reynaga and his son worked for Roseburg Forest Products where they were the only millwrights of Mexican descent. The lead millwright, Timothy Branaugh, allegedly harassed Reynaga with racially disparaging comments. After Reynaga made verbal and written complaints, management initiated an investigation into Reynaga’s allegations. Ultimately, the company adjusted Branaugh’s schedule so that he and the Reynagas would not work the same shift.
County Attorney’s Comments to Reporter Regarding Settlement of Lawsuit Were Not Constitutionally Protected Speech
The First Amendment protects speech that a public employee makes as a private citizen, but not speech made in the employee’s official capacity. This case demonstrates that the line between the two is not always clear.
An agency shop arrangement requires employees who opt out of union membership to pay a service fee to the union, in lieu of membership dues, as a condition of continued employment. The fee is meant to account for the fact that these employees incidentally benefit from union activities such as collective bargaining. Government Code section 3502.5 of the Meyers-Milias-Brown Act (MMBA) permits the establishment of an agency shop arrangement following negotiations or, if negotiations fail, through approval by a simple voting majority of unit employees.