July 2006

WIN AT WORK MONTHLY

A Community Service of

SESSIONS & KIMBALL LLP, Employee Rights Attorneys

Win at Work

Employee Rights Update

WORKER BEES

            We should all be like worker bees. 

            Thousands of years ago, Aesop praised both the ant and bee for their industry, perseverance, and foresight.  The Bible commends the ant which, “having no guide, overseer or ruler, provideth her meat in the summer, and gathereth her food in the harvest.”  It is interesting that neither the ant nor the bee are dependent upon the labor of other species. 

However, while the ant benefits only itself, the bee’s labors benefit many.  In diligently gathering their nectar, they also unwittingly pollinate beautiful flowers and produce tasty honey. 

The bee and its beehive home symbolize a life of meaningful and rewarding work. 

What about us?  Work is so much more tolerable and even enjoyable when we feel we are contributing to a greater good beyond ourselves. 

We should all aspire to be the worker bees of the world, who make it a better place. 

SUPREME COURT EXPANDS RETALIATION CLAIMS

            The U.S. Supreme Court gave employees a significant victory when it decided that a female railroad worker could maintain a retaliation claim when she was forced to do more physically demanding work after she complained about sexual harassment.  The case is Burlington Northern & Santa Fe Railway Co. v. White.  The plaintiff was removed from forklift operation and assigned to track labor.  The decision has expanded conduct constituting employer adverse job action towards employees.

            It is good news for employees because the Court has lowered the standard which employees need to demonstrate retaliatory conduct.  The case concerned Title VII of the Civil Rights Act but has implications for California law too.  It will be much harder for employers to have retaliation cases thrown out at the summary judgment stage if the employee can show some type of adverse job action which resulted in a hardship to the employee.  The action must be materially adverse to the employee and cannot be trivial.  Look for more developments in California case law.

Peter W. Taylor, Attorney

 Look for our answers to employees’ questions in the “Life and Work Q & A” column of the Orange County Register’s "Business Monday" magazine.  E-mail us at info@job-law.com to have your address added or removed from our monthly mailing list.  For more employee rights information or for past issues of Win at Work Monthly, click here for our website, job-law.com; here to order our book, Employee Rights in California; or contact our office directly at 23456 Madero, Suite 170, Mission Viejo, CA 92691, (949) 380-0900, (800) 774-7494, info@job-law.com.  The Win at Work portion of Win at Work Monthly is from our ongoing syndicated column, which appears in the Los Angeles Times’ “Career Builder Magazine” and elsewhere.  Win at Work Monthly is intended for general information and should not be construed as legal advice or opinion.  Readers in need of legal advice should promptly retain the services of an attorney.  ©2006 by Sessions & Kimball LLP