Can an agreement to arbitrate all employment related disputes be rendered unenforceable where a choice of law clause interpreted in conjunction with a delegation clause restricts the arbitrator’s power to apply California’s rules regarding unconscionability?
The United States Supreme Court decision in AT&T v. Concepcion favored employers not only because it upheld a class action waiver in arbitration, but also because of its conclusion that California
unconscionability law stood as obstacle to enforcing arbitration agreements.
Attorney Amber Morton authored the HR.com article, “Flushing Away Gender Discrimination,” discussing the consequences for employers who deny transgender employees access to restroom facilities of their presenting gender. Ms. Morton explains that equal access to restrooms is a significant, basic condition of employment and restricting an employee’s access based on an employee’s sex can violate Title VII.
Ms. Morton addresses the steps employers can take to ensure they are providing all employees unrestricted access…
Title VII and the Fair Employment and Housing Act (“FEHA”) provide protections for transgender employees in the workplace and require employers to grant unrestricted restroom access according to the employee’s full-time gender presentation. In the article, “Transgender Employees’ Access to Restrooms in the Workplace” published by Employment Law Strategist, attorney Amber Morton provides an explanation of the law and the steps an employer can take to comply with these requirements and ensure that…