How California AB 1825 Prevents Sexual Harassment in the Workplace

Sexual harassment in the workplace still remains a significant problem in the United States. In 2011 alone, the Equal Employment Opportunity Commission received a total of 28,535 sexual harassment and discrimination complaints.

Title VII of the Civil Rights Act of 1964 and California’s Fair Employment and Housing Act (FEHA) prohibit employers, supervisors, managers, and co-workers to sexually harass employees. According to provisions of the said laws, non-complying businesses may be subjected to pay victims with compensatory damages and punitive damages.

According to FEHA sexual harassment in employment practices include:

•    Unwanted sexual advances
•    Providing employment benefits in exchange for sexual favors
•    Making sexual gestures or displaying sexually suggestive objects like pictures or posters
•    Making sexual comments

In California, in an aim to address cases of sexual harassment, the State enacted an assembly bill imploring employers to conduct sexual harassment management training to company supervisors and managers. The bill, Assembly Bill 1825, requires California-based employers to conduct at least two hours of sexual harassment prevention training every two years.

California employers may conduct sexual harassment prevention seminars through classroom training, online seminars or “webinars,” or computer-assisted seminars. AB 1825 states that professionals who can be qualified to give seminars are lawyers, human resources professionals, and professors.

AB 1825 also requires California employers to:

•    Create and implement anti-sexual harassment company policies
•    Inform employees about their rights under anti-sexual harassment laws by distributing information brochures and posting Department of Fair Employment and Housing’s (DFEH) anti-harassment posters

Employers who want to legally and carefully abide by 1825 may consult with employment law attorneys who are experienced in handling sexual harassment cases. It is advisable for California employers to understand their obligations under employment laws to avoid impeding the rights of workers, and one effective way of doing this is to consult with an expert employment lawyer.

Brief Info about Products Liability Claims in the United States

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The Consumer Product Safety Act (CPSA) imposes strict liability rule on product liability claims. Under the Act, consumers who get injured due to a defective product need not to prove negligence of the manufacturer or retailer; instead, they only need to prove their injury was due to the use of the defective item they have bought.

Under the provisions of CPSA, the following parties and individuals may be held liable when a defective product injures a consumer:

•    Product manufacturers
•    Product importers
•    Distributors
•    Retailers
•    Resellers

Some of the consumer products that are often involved in products liability claims include:

Airbags
Several airbag product manufacturers are often questioned about the reliability of their products to save people’s lives during car collisions. Airbag companies are often placed into the spotlight since their products are often the last resort of many car accident victims.

Tires
Poorly manufactured or substandard auto tires can cause a tragic road accident. When a tire blows, it may separate from the rim and result to a fatal accident. Car tire products must pass the standard quality control check to ensure their safety and roadworthiness.

Medicine
Many defective and imitation drugs are sold all over the world, which can be very dangerous. People purchase medicines to take care of their health or to cure their sickness, but if a defective drug is obtained, the exact opposite can happen.

Under the law, people who get injured due to a faulty or defective product have the right to file for a personal injury claim. Injured consumers may be file a case and assert for compensation claims. Claimants could be more in proceeding with their claim when they have the assistance of a Santa Monica attorney. Legal representation is deemed necessary when claiming for products liability case because it involves dealing with complex and tricky negotiations with insurance companies.

Employer Dos and Don’ts in Preventing Disability Discrimination

Disability bias is one of the most common forms of workplace discrimination in the United States. In 2011 alone, the US Equal Employment Opportunity Commission (EEOC) received a total of 25,742 disability discrimination complaints.

One reason for the prevalence of disability discrimination in the US employment setting is the ignorance of certain employers about their responsibilities under the law. One law that employers in the country should understand well is the Americans with Disabilities Act (ADA). Under this Act, employers with 20 or more employees are prohibited from discriminating against employees and applicants based on their physical or mental disability.

In relation to this, employers must familiarize themselves on the dos and don’ts, with respect to ADA, to ensure that the rights of the disabled employees and applicants are well-preserved and respected.

The Dos

1. Do provide reasonable accommodation to disabled workers and applicants. Under ADA, employers are implored to reasonably accommodate employees and job seekers with disabling condition. Employers may reasonably accommodate disabled applicants by altering or adjusting job application process in order to consider qualified disabled job seeker for a job position. For disabled employees, employers may adjust or modify their respective company’s work environment to cater to the unique needs of disabled workers when performing their duties. Moreover, employers may provide disability benefits to employees with disabling condition.

2. Do post notices of disabled employees’ rights under ADA. ADA requires covered employers to display posters summarizing the rights of employees under the Act. Employers must post such notices in conspicuous places of the workplace.

The Don’ts

1. Do not discriminate against disabled applicants. Employers cannot ask applicants whether or not they have disabling condition. Furthermore, employers are not allowed by the ADA to conduct medical examinations of applicants unless they have been offered the job.

2. Do not harass employees because of their disability. Teasing employees about their disability is prohibited by ADA. Employers or employees who will be found guilty of harassing disabled workers may be penalized.

3. Do not retaliate. Employers are prohibited from retaliating against disabled employees who filed a complaint with the EEOC. Non-complying employers may be charged of violating whistle blowing laws.

If employers will only learn and religiously practice their responsibilities under ADA, cases of disability discrimination in the workplace will likely decrease. Employers should respect, not discriminate against disabled people to improve the diversity of the workplace in the country.