Timely Topics: Gender Pay Discrimination Claims Could Rise in California
A. Bernard Frechtman, Esq., C.P.C. - July 24, 2017
Note: This article is not intended as legal advice. In all instances the reader is cautioned to consult with legal counsel when utilizing this information. ABF*
Gender Pay Discrimination Claims Could Rise in California
An amendment to California’s pay equality statute just signed into law may be the basis for a number of gender based pay lawsuits. The amendment:
- Expands the range of jobs that can be subject to a gender pay discrimination action;
- Provides that once a pay differential in substantially similar jobs has been shown, the employer has the burden of proof to establish that the paydifferential is based on non-discriminatory practices;
- Requires non-discriminatory “factors” to avoid liability;
- Adds private right of action;
- Increases document retention to three years; and
- Goes into effect January 1, 2016.
With all of the above it just got easier to pursue alleged gender pay disparities.
Pittsburgh Enacts Paid Sick Leave Law
The Pittsburgh City Council passed a paid sick leave ordinance that will require employers with more than 15 or more employees to provide up to 40 hours of paid sick leave. Employers with less than 15 employees will be required to provide up to 24 hours of unpaid sick time for the first year. After that, small employers will have to provide up to 24 hours of paid leave. The Ordinance states that the law will be effective 90 days from the date regulations and the required notices are issued.
Employees Under The Influence: Disabled But Not Unfireable
Under the Americans with Disability Act and most state discrimination statutes, alcoholism meets the definition of a disability. But that should not be taken to mean that an employer has to put up with an employee drinking on the job or showing up drunk because they are an alcoholic. The disease of alcoholism meets the definition of a disability, which means that an employer can’t take into account that an employee is an alcoholic when making employment decisions. However, an employer may maintain a blanket prohibition on drinking at work that applies to both alcoholics and non-alcoholics alike. Time to put it in your handbook. An employee who can’t meet those standards because of drinking may be disciplined, whether they are an alcoholic or not.
