Salary savings is not a lawful defense where an employment decision adversely impacts persons over the age of 40. The Court reasoned that because such conditions can be controlled or corrected they do not impair a major life activity, as required by the ADA's definition. The statute permits such transfer or demotion, but does not require it. If a request for reasonable accommodation would require violating a bona fide seniority system that is in place as a result of a labor agreement, the seniority rights take precedence. The federal law against sex discrimination, which includes harassment, covers those instances where the harasser and the victim are of the same sex, the United State Supreme Court has ruled.
Management has a duty at law to investigate claims of sex harassment.
We terminated an employee for sexual harassment after we conducted a good faith investigation. The employee has threatened to sue. The right to hold employment free of discrimination is a fundamental right guaranteed by the California constitution. This right has been interpreted to protect employees from discrimination on account of sexual orientation. An employee who is discriminated against because of sexual orientation can sue for wrongful discharge in violation of public policy, including punitive damages.