Unlawful Discrimination claims based on Race, Age, Ancestry, National Origin, Culture or a Disability occurs as often as Sexual Harassment claims and, in many cases, can cost an employer far more in loss of productivity, morale issues, costly jury awards plus attorney fees and court costs.

On January 1, 2005, California Assembly Bill 1825/California Government Code 12950.1, became effective law. This newly enacted law encourages employers to train and educate their employees in Unlawful Discrimination, in addition to requiring Mandatory Sexual Harassment training and education for supervisory employees.

The following topics are thoroughly covered in our Sexual Harassment and Unlawful Discrimination Training Workshops, to meet the training requirements stated in the newly enacted Mandatory Training law:

• Age Discrimination
• Race Discrimination
• Ancestry, National Origin, and Culture Discrimination
• Religious Discrimination
• Americans with Disabilities Act / Discrimination
• Family and Medical Leave Act
• Employment-At-Will-Doctrine
• Employment Contracts
• Implied-In-Fact Contracts
• OSHA Anti-Retaliation Provisions
• Defamation of Character

PROACTIVE MEASURES

In addition to conducting state Mandated Sexual Harassment Training, all employers should immediately implement the following proactive measures to reduce their exposure to Workplace Discrimination complaints and/or civil litigation.

• Have a written zero-tolerance policy for discrimination in the workplace and apply the policy consistently to all employees.
  
  
• Inquire if any promises were made to the employee regarding job security prior to terminating an employee. Such promises can create an implied contract between employer and employee. An employer can be held liable for breach of contract if the employee is terminated.
  
  
• Never terminate an employee solely for being addicted to drugs or alcohol. Only terminate an employee for drug-related misconduct at the workplace.
  
  
• Always terminate an employee in private to prevent defamation and intentional infliction of emotional distress lawsuits.
  
  
• Never doubt a doctor’s diagnosis of an employee’s medical condition without having a second opinion from another independent medical doctor who is not regularly employed by the employer.
  
  
• Never require an employee to be “fully recovered” or “100% healed” or have a “full release” before allowing his/her return to the workplace after being disabled. Employers should only determine if an employee can perform the essential functions of his/her job with or without reasonable accommodations.
  
  
• Make sure that neutral reduction-in-force policies do not have an adverse effect on a protected class. Well thought out lay-off policies can prevent Title VII workplace discrimination claims.
  

For additional information or to schedule State of California mandated Sexual Harassment Training for your company, feel free to call or email us anytime.

Mitchell Consulting
101 First Street, Suite 648
Los Altos , CA 94022
(408) 245-9428
mitchell@mitchlaw.com