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Wrongful Termination Archives

Workplace sexual orientation discrimination in CA: 3 protections

As noted in an earlier post, the Supreme Court of the United States will likely be asked to review whether or not Title VII (also known as the Civil Rights Act) provides protection against workplace discrimination based on sexual orientation at the federal level. The fact that these protections are not always a given may cause some concern within the workplace. It is important to note that this single law is not the only form of protection available to workers. Additional protections, especially in California, are available.

Does title VII protect workers from sexual orientation discrimination?

In 2015, the Supreme Court of the United States (SCOTUS) found bans on same-sex marriage at the state level unconstitutional. Our country's highest court stated that the Fourteenth Amendment requires states both allow and recognize same-sex marriages. These same justices that two years earlier struck down the federal Defense of Marriage Act held that states must recognize same-sex marriages. But what does this mean in the real world? What does this mean for couples that can now openly marry the ones they love? Although their marriages are recognized, will they be protected from retaliation by employers?

Sheriff awarded $650,000 for wrongful termination

California's "at will" employment stance means that employers can fire employees at any time they please and for any reason that isn't considered unlawful. This is an important distinction to make; being fired for an unfair reason is different than being fired for an unlawful reason. You may find your firing unfair, but if it wasn't illegal, you won't be able to mount much of a case.

Overview of San Francisco "Retail Workers' Bill of Rights"

In 2015, a series of ordinances became operative in San Francisco. The ordinances address hours and retention of employees, and scheduling and fair treatment of retail workers. Together, the ordinances are known as the Retail Workers' Bill of Rights. The new laws apply to all chain stores with at least 40 other stores worldwide and 20 or more employees in San Francisco, including janitorial and security contractors. Thus, it exempts mom-and-pop shops but should cover most major retailers in San Francisco.