By Ron Sokol | [email protected] | Daily BreezePUBLISHED: August 6, 2019 at 9:46 am | UPDATED: August 6, 2019 at 9:47 am Q: I took leave from work because of my pregnancy. Shortly before I was to return, they said my position was eliminated as a result of a restructuring. They have offered a few weeks severance. Is this legal? -C.W. Santa Ana A: Pregnancy discrimination arises when an employer treats a woman unfavorably as a result of her pregnancy, or because she plans to become pregnant, or has pregnancy-related issues. Discrimination can manifest in a variety of ways, such as failure to promote, not providing reasonable accommodations, demotion or termination. What information can you garner as to why you were let go? Is there any legitimacy to the company having to eliminate your job? How long had you been on leave when they notified you? Are you being replaced by someone, and if so, who? You may well have rights to be evaluated. One step to consider is a complaint to … [Read more...] about Can my employer fire me while on pregnancy leave? Ask the lawyer
California fair employment and housing act
Q:Our homeowners association recently voted to update our CC&R’s. One section prohibits ownership of numerous breeds of dogs that the board considers dangerous. Since California law (Food and Agriculture Code 31683) outlaws dog-breed discrimination by counties and cities we are the only HOA in the region that bans ownership of certain dogs. Isn’t it illegal under Davis-Stirling to violate state law? R.L., Rancho Santa Fe A:The Food and Agricultural Code section you mention applies to ordinances adopted by cities and counties, but not restrictions passed by common interest developments. So, when the association members voted to approve an amendment to the CC&Rs (Covenants, Conditions and Restrictions) prohibiting certain dog breeds, the amendment would not violate that specific law. However, the Davis-Stirling Act does protect the right to have a “pet,” which per Civil Code 4715 includes dogs. Under that statute, an association must allow an owner to keep … [Read more...] about HOA Homefront – Can associations limit dogs? One ‘pet’ is allowed
Title VII, the federal employment discrimination law, does not prohibit a religious corporation from “employment of individuals of a particular religion to perform work” connected to carrying out the corporation’s activities. A different, judge-developed “ministerial exception” excuses church-employers from a broad range of employment laws in ways that interfere with a church’s exclusive, Constitution-based right to select and control employees who minister to the faithful. The U.S. Court of Appeals for the Ninth Circuit and the California Court of Appeal each issued rulings last month addressing the boundaries of these distinct exclusions. Ann Garcia started worshiping at an Arizona outpost of the Salvation Army in 1999. She was hired as an assistant to the pastor in 2002. When that position was eliminated, Garcia was named social services coordinator in January 2011. Her supervisor was Pastor Arlene Torres. Later that year, Garcia left the … [Read more...] about How much freedom do religious employers have from employment laws?
By Ashley McBride Published 4:23 pm PST, Monday, December 31, 2018 A class-action lawsuit filed Friday against AC Transit alleges the company discriminated and retaliated against a woman who worked as a bus driver because she was pregnant. A class-action lawsuit filed Friday against AC Transit alleges the company discriminated and retaliated against a woman who worked as a bus driver because she was pregnant. Photo: Paul Chinn / The Chronicle Buy photo Photo: Paul Chinn / The Chronicle Image 1 of / 1 Caption Close Image 1 of 1 A class-action lawsuit filed Friday against AC Transit alleges the company discriminated and retaliated against a woman who worked as a bus driver because she was pregnant. A class-action lawsuit filed Friday against AC Transit alleges the company … [Read more...] about Suit alleges AC Transit discriminated against pregnant driver
Mary Clare Jalonick Associated Press Published 10:12 PM EST Dec 28, 2018 Washington – House Republicans say more investigation is needed into decisions made by the FBI and the Justice Department in 2016 as they brought an unceremonious end to their yearlong look at the department’s handling of probes into Democrat Hillary Clinton’s emails and Donald Trump’s ties to Russia. In a letter released Friday evening, less than a week before Republicans cede the House majority to Democrats, the chairmen of two House committees described what they said was the “seemingly disparate treatment” the two probes received during the presidential election in 2016 and called on the Justice Department to appoint a special counsel to investigate further. House Judiciary Chairman Robert Goodlatte and Rep. Trey Gowdy, House Oversight and Government Reform chairman, both of whom are retiring next week, sent a letter to the Justice Department and Senate Majority … [Read more...] about House GOP quietly ends probe into FBI’s 2016 decisions