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A Guide to Employment Law for California Workers Marci Seville Golden Gate University School of Law, [email protected]

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A Guide to Employment Law for California Workers Marci Seville Golden Gate University School of Law, Mseville@Ggu.Edu Golden Gate University School of Law GGU Law Digital Commons Women’s Employment Rights Clinic Centers & Programs 5-1997 Know Your Rights: A Guide to Employment Law for California Workers Marci Seville Golden Gate University School of Law, [email protected] Maria Blanco Whitney Gabriel Anne Yen Follow this and additional works at: http://digitalcommons.law.ggu.edu/werc Part of the Labor and Employment Law Commons, and the Law and Gender Commons Recommended Citation Seville, Marci; Blanco, Maria; Gabriel, Whitney; and Yen, Anne, "Know Your Rights: A Guide to Employment Law for California Workers" (1997). Women’s Employment Rights Clinic. Paper 1. http://digitalcommons.law.ggu.edu/werc/1 This Article is brought to you for free and open access by the Centers & Programs at GGU Law Digital Commons. It has been accepted for inclusion in Women’s Employment Rights Clinic by an authorized administrator of GGU Law Digital Commons. For more information, please contact [email protected]. Know Your Rights A Guide to Employment Law for California Workers Women's Employment Rights Clinic Golden Gate University School of Law May 1997 Editors: Maria Blanco, Whitney Gabriel, Marci Seville, and Anne Yen I I Know Your Rights A Guide to Employment Law for California Workers Women's Employment Rights Clinic Golden Gate University School of Law May 1997 Editors: Maria Blanco, Whitney Gabriel, Marci Seville, and Anne Yen ACKNOWLEDGEMENTS Women's Employment Rights Clinic faculty, students, and staff who contributed their work to this handbook: Marci Seville, Director Maria Blanco, Associate Director Ann Blessing, Erin C. Day, Whitney Gabriel, Ann Maley, and Anne Yen, Graduate Law Fellows Jodie Bell, Roy Bennett, Alexandria D'Italia, Joan Herrington, Sarah Hughes, Elizabeth Kohn, Matthew Menes, Kristin Nelson, Laura Ozak, Patricia Song, Carol Stephenson, Deborah Throm, and Olivia Wein, Students Val Evans and Justine McGonagle, Administrative Assistants Whitney Gabriel, now an attorney at Law Offices of Robert Atkins in Berkeley, California, launched the writing of the book and drafted a great deal of its content. This book would not have happened if not for her motivation and ingenuity. Our thanks are especially directed to her. Weare also grateful for the input of distinguished attorneys who reviewed sections of this book: Lainey Feingold Judith E. Kurtz Cynthia L. Rice Brad Seligman Funding for the writing and publication of this book was provided by grants from the United States Department of Education Clinical Legal Experience Program and from the California State Bar Foundation. ABOUT THE WOMEN'S EMPLOYMENT RIGHTS CLINIC The Women's Employment Rights Clinic (WERC) started in August 1993 as part of Golden Gate University School of Law. The Clinic advises, counsels and represents clients in a variety of issues related to employment. Our emphasis is on assisting low-income clients who could not otherwise afford legal assistance when they confront employment problems. The Clinic is staffed both to provide day-to-day services and to handle ongoing cases and projects. Law students operate the Clinic under the direct supervision of attorneys. These supervising attorneys are Marci Seville and Maria Blanco, Associate Professors of Law at Golden Gate University. The Graduate Law Fellow, a new admittee to the California Bar, helps both the students and the attorneys with casework. The staff also includes the Clinic Administrative Assistant. Marci Seville is Director of the Clinic. Previously, she practiced labor law for ten years as counsel for the California School Employees Association, worked for the California Department of Industrial Relations, and served as counsel to the California Industrial Welfare Commission. She also spent several years in private practice with an emphasis on employment discrimination litigation. Ms. Seville taught labor law as an adjunct professor at New College Law School (1979 to 1985). She is the author of "Family and Medical Leave Act of 1993" in Employment Discrimination Law and Litigation (Clark Boardman Callaghan, 1995 edition) and a contributing editor to California Public Sector Labor Relations (Matthew Bender, 1989 edition) and Employee and Union Member Guide to Labor Law (Clark Boardman, 1983 edition). A graduate of New York University (1971), Ms. Seville earned her Juris Doctor (1975) from Rutgers Law School. Maria Blanco is Associate Director of the Clinic. Previously she was Staff Attorney at Equal Rights Advocates in San Francisco (1987 to 1994), where she litigated ground-breaking employment discrimination cases including Castrejon v. Tortilleria La Mejor (E.D. Cal. 1991 ) (established that undocumented workers were covered by federal labor laws); Davis v. City and County of San Francisco (9th Cir. 1989) (represented women of color seeking to integrate San Francisco Fire Department); Pallas v. Pacific Bell (9th Cir. 1991) (class action on behalf of employees whose pregnancy leave was not counted towards early retirement), and Doe v. Petaluma (N.D. Cal. 1993) (peer sexual harassment in public school). Ms. Blanco served as Staff Attorney for the United States Court of Appeals, Ninth Circuit (1984 to 1985) and for the San Francisco Lawyer's Committee for Urban Affairs (1985 to 1987). She has taught Gender and the Law as an adjunct professor at Hastings College of the Law (1994). A graduate of University of California, Berkeley (1981), Ms. Blanco earned her Juris Doctor (1984) from Boalt Hall, University of California, Berkeley. TABLE OF CONTENTS _.~...... ''''''-' ......'''' ...... ''...... ''''''_' ' ......"''' .... ' ___ ~ _*'''....''''''' .... ",'' ......m - ____www INTRODUCTION ... ............................................................................. vii A Note about Workers' Compensation and State Disability Insurance ...................... vii CHAPTER 1 - THINGS You SHOULD KNow ............................ 1-1 Risks ........................................................................................................................... 1-1 Practical Suggestions .................................................................................................. 1-1 Arbitration Agreements and Clauses .......................................................................... 1-2 Union Contracts .......................................................................................................... 1-3 CHAPTER 2 - WHEN You ARE ApPLYING FORA JOB .......... 2-1 Remedies (Available Relief) ....................................................................................... 2-1 Consequences of Lying on a Job Application ............................................................ 2-2 Questions an Employer Should Not Ask .................................................................... 2-2 Race and Color ................................................................................................ 2-2 Sex ................................................................................................................... 2-3 Height and Weight. .......................................................................................... 2-4 Sexual Orientation ........................................................................................... 2-5 National Origin ................................................................................................ 2-5 Religion ........................................................................................................... 2-6 Age ................................................................................................................... 2-7 Disability and Medical Condition .................................................................... 2-8 Financial Data ................................................................................................ 2-10 Generally Legal Questions ....................................................................................... 2-11 Legal Questions in Limited Circumstances ................................................... 2-11 Education ....................................................................................................... 2-12 Citizenship ..................................................................................................... 2-12 Pre-Employment Testing .......................................................................................... 2-13 , CHAPTER 3 - YOUR RIGHT TO PRIVACY AND ACCESS TO INFORMATION ................................................................................. 3-1 Your Personnel Records ............................................................................................. 3-2 Arrest Records ............................................................................................................ 3-3 Conviction Records .................................................................................................... 3-6 Fingerprinting ............................................................................................................. 3-7 Bankruptcy .................................................................................................................. 3-9 Credit Records and Investigative Reports ................................................................ 3-10 Medical Records ....................................................................................................... 3-15 Testing and Examinations ......................................................................................... 3-16
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