Diversity & Abusive Conduct

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1 Harassment, Discrimination, Diversity & Abusive Conduct

2 About Today A Brief Overview of Everything The State of Affairs The Nitty Gritty A Rather Simple Solution ABOUT TODAY

3 The Evolving Workplace

4 The Epicenter of It All

5 Why Me?

6 First Things First The Fair Employment and Housing Act (FEHA) prohibits harassment and discrimination in employment because of. Age (40 and over) Ancestry Color Religious Creed (including religious dress and grooming practices) Denial of Family and Medical Care Leave Disability (mental and physical) including HIV and AIDS Marital Status

7 Keep Going Medical Condition (cancer and genetic characteristics) Genetic Information Military and Veteran Status National Origin (including language use restrictions) Race Sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth hldb h or breastfeeding) Gender, Gender Identity, and Gender Expression Sexual Orientation Title VII of the Civil Rights Act of 1964 The Age Discrimination i i In Employment Act Keep Going

8 Bottom Line, Everyone.

9 Harassment, Simplified Conduct based on a protected category that creates an offensive, hostile or intimidating work environment. Economic v. Environmental.

10 Discrimination, Easy Making employment decisions on the basis of any protected category.

11 And Abusive Conduct? Conduct of an employer or employee in the workplace, with malice, that a reasonable person would find hostile, offensive, and unrelated to an employer s legitimate business interests.

12 Abusive Conduct (ctnd.) Abusive conduct may include repeated infliction of verbal abuse, such as the use of derogatory remarks, insults, and epithets; verbal or physical conduct that a reasonable person would find threatening, intimidating, or humiliating; or the gratuitous sabotage or undermining of a person s work performance. A single act shall not constitute abusive conduct, unless especially severe and egregious.

13 The Rise & Fall of the EO*******

14 What Am I Seeing?

15 Reid v. Google: A Case Study

16 The Me Too Cases

17 The Mystery y Case

18 The Solution Be your ideal. Maintain, teach and enforce your policies. Be proactive. Don t wait for a complaint. Be compassionate. Remember the power of an apology. Be responsive and decisive. Your duty is to prevent and correct. Do it. Be bold. California is an at-will state.

19 QUESTIONS? ABOUT TODAY

20

21 About The Firm About Your Presenter DICKENSON, PEATMAN & FOGARTY provides a level of representation ordinarily associated with legal practices in major metropolitan centers. Our attorneys are routinely recognized in legall rankings and surveys as some of the best in their fields, and the firm is involved regularly with matters of local and national import. For over forty years DP&F lawyers have practiced law with the get to know you culture that has engendered significant client loyalty. Rooted in the wine regions of Napa and Sonoma, DP&F provides full service legal representation to all manner of businesses and individuals throughout California, the United States and abroad. The Firm s major practice areas include alcohol beverage law, business and corporate dealings, land use matters, labor and employment, civil iillitigation, intellectual property, real property transactions, as well as estate planning and probate. With offices in the major wine valleys of Napa and Sonoma, the Firm is intimately familiarwith,andhasextensiveexperience,inboththewine and hospitality industries. MR. WALSH at: gwalsh@dpf-law.com NAPA COUNTY 1455 First Street Suite 301 Napa, CA T: (707) F: (707) SONOMA COUNTY GREGORY J. WALSH is the Co-Managing Director of Dickenson, Peatman & Fogarty and the lead Director in the firm s Labor and Employment Group. Greg s practice encompasses all aspects of labor and employment law, including advising employers on how to prevent issues before they arise, and developing workable solutions to thosethatdo.gregisalsoamemberofthefirm swinelaw and Litigation groups, representing clients in administrative and dcourt proceedings. A native Californian, Greg began his legal career practicing labor and general business law in Boston. He later returned to the Bay Area, where he continued developing his practice with one of the nation s largest labor and employment firms, representing union and non-union employers. In 2004, Greg s love of the wine country brought him north, where he now uses his range of experience to solve problems for North Bay employers, businesses and individuals. The North Bay Business Journal named Greg as a"forty Under 40" award recipient. Greg received his B.S. while double-majoring in Journalism and Sociology at the University of Oregon. He earned his law degree from University of California, Hastings College of the Law, where he served as Senior Executive Editor of 50 Old Courthouse Square the Communications And Entertainment t t Law Journal. Greg is admitted to practice in California, Massachusetts, and several federal jurisdictions. Suite 200 Santa Rosa, CA T: (707) F: (707) Greg is an avid fan of the Rose Bowl Champion Oregon Ducks. He and his family live in Sebastopol.

22 THANK YOU!

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