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January 17, 2006 > Watercooler Counsel

Watercooler Counsel

Transfer Whiplash

by Rich Proulx

Watercooler Counsel is a column to help employees and employers navigate the tangle of workplace laws. Get practical answers straight from the source: the people who enforce the law (not the lawyers!).

Q: I transferred from West Virginia to Walnut Creek for a managerial position with my employer two years ago. Our client who accounts for 80 percent of our business told my boss that he does not want to work with a woman. As a result, my boss transferred me to San Francisco two months ago. Now he said there is not enough work for me here and wants me to relocate to the Midwest. I don't want to move. Can he fire me if I refuse to transfer?
YoYo No More
San Francisco, CA

A: He can. But it would not be a wise move. It was illegal for your employer to have transferred you because a client preferred to work with a man. Customer preference is no excuse for discriminatory treatment. Regarding your forced relocation, an employer could terminate an employee for refusing to transfer, because California is an at will employment state. So, this means an employer can terminate an employee for no reason. Your situation is different, because your termination is a direct consequence of your employer's prior discriminatory transfer. If your employer terminates you, it would be illegal. If you wanted to file a discrimination complaint, you could contact the Equal Employment Opportunity Commission (EEOC) at 1-800-669-4000.

Q: I work on the computer all day. Lately, my back has been killing me. I'd like to get a new chair for my desk. Is my employer required to provide me with one?
- Aching Architect
Fremont, CA

A: Before asking your employer for a new chair, I recommend you take a look at the website for the Occupational Safety and Health Administration (OSHA) at ww.osha.gov. Their interactive "e-tools" help you assess your computer workstation for ergonomic compliance and determine what equipment you might need. Now that you have gathered your shopping list, I hate to break it to you, but your employer is not required to provide you with ergonomic equipment. Of course, many employers choose to do so to avoid potential workers compensation costs. There is an exception if you have a disability, which under CA law is a physical or mental impairment that limits you in a major life activity - such as sitting. In that case, you have a right to a reasonable accommodation from your employer, which could include an ergonomic chair.

Q: I heard there's a new state law requiring training on sexual harassment. Does everyone need it? What is the training and where do I get it?
-Jerry C.
Union City, CA

A: Last year, the California Legislature passed AB 1825 requiring employers with 50 or more employees to provide their supervisors with two hours of sexual harassment training. An internet search shows many private organizations are offering the training. The CA Department of Fair Employment and Housing and the Equal Employment Opportunity Commission have also teamed up to present this training. You can register at www.eeotraining.eeoc.gov.

Rich and his team of government experts meticulously research your questions every two weeks. According to the Bureau of Labor Statistics, the occupations with the greatest number of injuries were laborers, heavy truck drivers and nurse's aides. The most common problem? Back strains and sprains.

Send your questions to richard.proulx@eeoc.gov, whose day job is Enforcement Supervisor for the Equal Employment Opportunity Commission (www.eeoc.gov). Identifying information in the questions may be fictional.

 
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