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Sexual Harassment, Discrimination, and Bullying
Employment Law in California

Archives for December 2015

Employee Classification Controversy

A current class action suit in San Francisco urges the court to declare that drivers for Uber are employees, as opposed to independent contractors. A controversy has arisen as to whether employees in companies like Uber and its rival Lyft should treat the drivers as employees instead of as contractors. The case outcome will have implications on the modern trend to treat workers as contractors.

California Fair Pay Act Will Help Women

In 1963, President John K. Kennedy signed the Equal Pay Act, which bars employers from paying employees of one sex wages that are lower than those paid to a different sex doing the same work. In October, 2015, the Governor of California signed the California Fair Pay Act which is designed to eliminate the still existing disparity between wages of men and women doing similar work.

Are Counselors Bound to Report Sexual Harassment Incidents on Campus under Title IX?

Confidential communications with bona fide psychological counselors are protected under the university policy as well as under the ethical rules of confidentiality for psychologists.

Confidentiality for a Potential Title IX Claim is Not Guaranteed

If a victim of sexual harassment at a university such as Stanford requests confidentiality in making a report of sexual harassment, the university will give “serious consideration” to the request. The policy at Stanford is that only in rare circumstances will the university proceed to a Title IX investigation against the wishes of the impacted victim.

Strict Title IX Reporting Requirements

Under Title IX, universities such as Stanford are obliged to implement policies that employees, including student staff, must report all Title IX related concerns so that notification ultimately is given to the Title IX coordinator.