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The Merit Systems Protection Board (MSPB) is an independent quasi-judicial agency established in 1979 to protect federal merit systems against partisan political and other prohibited personnel practices and to ensure adequate protection for federal employees against abuses by agency management. [1]
[1] [4] The bill that was passed and signed into law by Governor Pat Brown in 1959 was authored by Augustus F. Hawkins. In 1946, a fair employment practices measure that would have created a statewide commission to enforce the proposed provisions appeared on the ballot as Proposition 11, but was decisively defeated. [3]
California law and the FEHA also allow for the imposition of punitive damages [9] [10] when a corporate defendant's officers, directors or managing agents engage in harassment, discrimination, or retaliation, or when such persons approve or consciously disregard prohibited conduct by lower-level employees in violation of the rights or safety of the plaintiff or others.
OSC's primary mission is to protect federal employees and others from "prohibited personnel practices." Those practices, defined by law at § 2302(b) of Title 5 of the United States Code (U.S.C.), generally stated, provide that a federal employee may not take, direct others to take, recommend or approve any personnel action that:
The United States Constitution also prohibits discrimination by federal and state governments against their public employees. Discrimination in the private sector is not directly constrained by the Constitution, but has become subject to a growing body of federal and state law, including the Title VII of the Civil Rights Act of 1964. Federal ...
Within the FEHA, the California Family Rights Acts (CFRA) [5] allows an employee who has worked for at least 12 months, accrued a minimum of 1,250 hours during the preceding 12 months, and is employed at a worksite with 50 or more employees within 75 miles to take up to 12 work-weeks of protected leave. (Gov.
Those cases predate Prop. 22, originating during a period when gig workers were misclassified and should have been considered employees under California law, the labor commissioner argues in the ...
Bostock v. Clayton County –— a landmark United States Supreme Court case in 2020 in which the Court held that Title VII of the Civil Rights Act of 1964 protects employees against discrimination because of their sexual orientation or gender identity; Civil Rights Act of 1866 [3] Civil Rights Act of 1871 [4] Civil Rights Act of 1957 [5]