The Americans With Disabilities Act (ADA) applies to people who suffer from gender dysphoria, says the U.S. Court of Appeals for the Fourth Circuit. Although Fourth Circuit rulings do not apply directly to California, a ruling by any circuit court of appeals is...
San Francisco Law Blog
Why are there so few women in skilled trades? Sexual harassment.
Work in skilled trades, such as electrical work, plumbing and construction, usually pays well and offers good benefits without requiring a college degree. Nevertheless, relatively few women choose to enter these fields. What causes women to choose or avoid a...
Workers file their own lawsuits against Tesla for discrimination
In February, the California Department of Fair Employment and Housing (DFEH) filed a lawsuit against Tesla, Inc. The allegations were stark. According to the lawsuit, Tesla’s Fremont, California, plant is a racially hostile workplace and even a racially segregated...
2 types of discriminatory discipline for students with disabilities
Students with disabilities deserve to be treated fairly in education. Section 504 of the Rehabilitation Act of 1973 requires public elementary and secondary schools to handle discipline in a non-discriminatory way. Yet, students with disabilities are frequently...
How do we get more mental health counselors in schools?
The last couple of years have been taxing for kids’ mental health. The pandemic, isolation, online schooling and other issues have disrupted kids’ lives, their learning and their relationships. Now, over 40% of teenagers report struggling with persistent sadness or...
Automated hiring technology can result in ADA violations
These days, the hiring process typically involves uploading resumes and filing online applications. That allows employers to use artificial intelligence (AI) and various algorithms to “review” applicants and help narrow the field down to a select group of candidates...
Your boss says you’re an independent contractor. It may not be true.
The vast majority of the time, California law assumes that workers are the employees of who they work for. If a worker is going to work as an independent contractor, the hiring company must prove that they qualify under the law. This is important because employees are...
Has Title IX made school sports gender-equal? No, says NCAA report
Title IX of the Education Amendments of 1972 turned 50 years old this year. The law prohibits gender-based discrimination in any school or education program funded by the federal government. It is most widely known for its effect on sports in the American education...
Researchers: federal IDEA funding plan needs to be updated
The current formula for providing federal funding for students with disabilities is inequitable and needs to be changed, according to two recent studies. Even if the federal government came through with the $38 billion it owes to states to educate students with...
Are tip pools a form of wage theft?
A restaurant owner may decide that they would rather use a tip pool than allow each employee to collect their own tips. All this means is that, when tips collected from the tables, they are combined into a single pool and then divided fairly or equally among the...