Congress and most states have passed laws that require equal employment opportunity (EEO) by prohibiting discrimination. Most of the federal discrimination laws apply to companies with 15 or more employees. The age discrimination law applies to companies of 20 or more employees. Both apply to U.S. citizens working abroad for U.S. owned or controlled companies.

For disability, pregnancy and family medical leave discrimination, see our disability law section. For harassment (on any basis), see harassment.

Below you will find our answered Ask the Lawyer questions and eNews articles grouped under FAQ catagories. Most of this content will require registration to view.

Employers: Stop discrimination lawsuits with our training, books and tapes.

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FAQs

• What are the rights of members of Armed Forces?
• When is it age discrimination?
• When is it sex or pregnancy discrimination?
• When is it race or national origin discrimination?
• When is it religious discrimination?
• When is it sexual orientation discrimination?
• When is discrimination legal?
• What procedures prevent discrimination?
• Is Affirmative Action dead?
• When must managers pay damages or attorneys fees?
• What are the California harassment compliance training regulations?

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The US Supreme Court says that training and procedures protect employers from punitive damages for discrimination.

• Management training programs
• California harassment compliance training
• Reports, and books

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• Books and tapes

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FAQs

What are the rights of members of Armed Forces?

• Are reservists entitled to continued pay while on active duty?
• What are the rights of reservists called for duty?

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Still have questions on Discrimination Law? Ask the Lawyer!


When is it age discrimination?

• Can you be too old to claim age discrimination?
• What are illegal age questions?
• Supreme Court Tells Employers to Document Legitimate Reasons for Layoff
• Can they reduce pay of older workers to pay younger workers more?
• U. S. Supreme Court OKs Preferences for Older Workers
• $250 million settlement for age bias; California expands age protections
• When can we ask applicants for their dates of birth?
• Older worker constructively discharged when moved to "death cubicle"
• Failure to redeploy older worker is age discrimination
• What do we do when employee changes his mind about retiring?
• They say I'm too young -- is that illegal?
• Culture clash leads to age discrimination claim
• Bad treatment of older workers does not prove discrimination
• One remark by CEO can prove age discrimination
• "Old timer" remark does not prove age discrimination
• Employee quits, wins constructive discharge case
• Age discrimination found where top salesman fired

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When is it sex or pregnancy discrimination?

• First Obama labor legislation expands rights to back pay
• Can we require a female employee to wash the coffee pots?
• Can Employers Require Women to Wear Makeup?
• Manager Wins Retaliation Case After Refusing to Fire Associate Illegally
• Can we fire a woman employee for no reason at all?
• Pregnant employee gets punitive damages
• Can pregnant workers be laid off?
• Is prohibiting facial hair illegal sex discrimination?
• Must we accommodate pregnant employee who can't do the job?
• Are these interview questions illegal?
• Sexist comments + bad documentation = sex discrimination
• Sex discrimination glass ceiling proved at Olsten
• "No leave" rule violates state pregnancy discrimination law
• Hooters wins in EEOC settlement
• Now THIS is discrimination
• Is pregnant applicant required to tell employer?
• What are legal risks of anti-nepotism policies?
• Can employer give preferential treatment to pregnant employees?

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When is it race or national origin discrimination?

• Can an employee be fired for not speaking Spanish?
• Spanish speaking employees are making negative comments - can we make them speak English?
• Can employer refuse to hire more African Americans?
• Court Rules: Promote Employees with Foreign Accents
• Can a background check agency investigate I-9 forms of immigrants?
• Manager who failed to interview black applicants guilty of discrimination
• Background Checks Prevent Discrimination
• Must we provide notices in languages other than English?
• Is it legal to pay a manager less than his predecessor?
• What are the rights of muslim and arab employees?
• H-1Bs and layoffs
• My boss abuses me in Japanese -- is this illegal?
• Racist manager fired minority employee "for cause" -- is this legal?
• N.J. Supreme Court rules one racist comment = harassment
• Employee who wins workers comp can't bring race discrimination suit
• Racist comment by supervisor does not prove race discrimination
• No race discrimination where employer conducted good faith investigation
• Sarcasm = Racism?
• Silicon Valley African-American wins case against Lockheed
• Anti-affirmative action comments may prove discrimination

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When is it religious discrimination?

• Can we require women to wear pants?
• Muslim employee refuses to take orders from female boss - can we fire him?
• Sleeping employee claims she was praying - can we fire her?
• Employee refuses to go to team meetings at a bar - can we fire her?
• Religion and Sexual Orientation Diversity: When Values Collide
• Can they fire me for not participating in office social events?
• Can government agency fire religious employee who refuses to provide services to gay clients?
• How can we celebrate the holidays legally?
• Can they require us to work Sundays?
• Can a church ask pastor candidates questions about religion?
• What are the rights of muslim and arab employees?
• Do employees have to listen to the boss's religious music?
• My religion prohibits being alone with women -- am I entitled to accommodation?
• Employer not required to accommodate religious pilgrimage
• Employee takes religious freedom too far
• Don't force workers to celebrate birthdays
• First amendment overrides religious harassment policy
• Small facility ordered to accommodate Sabbath
• Can we require 24-hour availability?
• What is the legal relationship between my work and my religious beliefs?

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When is it sexual orientation discrimination?

• Federal Appeals Court Protects Transsexual
• Manager promoted his lover - can we demote employee but not manager?
• California Employers Required to Grant Sick Leave for Domestic Partners
• New cases & laws protect men who are "not man enough"
• A male employee now says he's a woman -- what do we do?
• Calif. Supreme Court allows Boy Scouts to discriminate
• An analysis of the Supreme Court's gay rights decision
• "Outing" gay employee held invasion of privacy

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When is discrimination legal?

• Can we force employees to attend team-building at Habitat for Humanity?
• Can we allow some employees to eat at their desks but not others?
• Can I refuse to hire someone based on looks?
• Isn't "general harassment" illegal?
• Is it legal to ask job applicants their race and gender?
• Is calling her a fat cow illegal harassment?
• Can employer discriminate based on hair length?
• Can we prohibit men from wearing earrings?
• Does on-site Bible study create hostile environment?
• Is promoting a less-qualified employee illegal?
• Can company have inconsistent tardiness standards?

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What procedures prevent discrimination?

• US Supreme Court expands retaliation liability for employers, again!
• Four Key Concepts Keep You Out of Court
• Can managers pay above the salary range?
• U. S. Supreme Court Expands Definition of Retaliation
• Fairness on the Job-It's Not Just Monkey Business!
• Nod your head, go to Court
• What are the rules on releases for employees under the age of 40?
• Employees win failure to hire cases - even though they didn't apply for the jobs
• What documents can an employer ask for?
• New law and regulations increase ability to hire foreign workers
• Disabled employees need not follow regular procedures to achieve reasonable accommodation
• Employer required to accommodate escalating requests for accommodation
• What are legal implications of post-tests?
• Employee loses discrimination case, wins $3 million + for retaliation
• How long do we have to keep resumes?
• How can we get RIFfed employees to sign releases?
• What should company do when employee gets right-to-sue letter?
• Are companies required to define criteria for promotions?
• Are interview questions illegal or bad business?
• Can applications ask for date of graduation?
• HR mistakes cost employer $17 million
• Court says failure to train managers allows punitive damages
• How do we handle senior employee whose performance dives?
• Negative reference is illegal retaliation even if employee would not have been hired
• Court limits retaliation claims
• Invalid EEO claim leads to valid retaliation case
• Can we fire employee who doesn't meet new goals?
• Veterans reemployment act violated by denial of promotion

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Is affirmative action dead?

• Prop 209 and affirmative action

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Still have questions on Discrimination Law? Ask the Lawyer!


When must managers pay damages or attorneys fees?

• How do we determine a fair settlement offer?
• Losing Employee Ordered to Pay Employer's Court Costs
• Managers NOT personally liable for mis-handling harassment complaints
• Court orders employer to pay attorneys fees for sued manager
• Managers can NOT be sued personally for discrimination, Cal. Supreme Court holds
• Losing corrections officer ordered to pay employer's attorneys fees
• Employee ordered to pay employer's court costs
• Good news for managers
• Employee ordered to pay company's lawyers

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Stop Costly Lawsuits

• Managing Within the Law, Part I: A one-day, in-depth training seminar
• California Harassment Compliance Training for all supervisors on preventing harassment, discrimination and retaliation.
• Executive Seminars for your CEO, President, and Vice Presidents
• Employers Legal Handbook(book)
• Gay Issues in the Workplace (book)
• Reflections of an Affirmative Action Baby (book)

 

Know Your Rights

• Your Rights in the Workplace (book)
• Gay Issues in the Workplace (book)

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