• TRANSGRESSIVE BEHAVIOUR
US – CALIFORNIA
Sensitivity, inclusivity, and the intergenerational workplace Rebecca Torrey Partner The Torrey Firm
“It is an ever-changing challenge to balance inclusion and cultural sensitivity with company ethos.”
Rebecca Torrey, The Torrey Firm
Q1 What is recognised as
in workplace bullying that need not be based on any protected classification. California’s protections against transgressive behaviours are most consistent with standards of the European Union, while the US in
general is more in line with overall global standards. In terms of legally regulated conduct, it may be fairly said that California pushes the envelope of what behaviour is considered transgressive at work. Sometimes
‘transgressive behaviour’ in the US – and is it in line with global ‘standards’? Transgressive behaviour, more commonly known in California and the United States as inappropriate workplace conduct, includes unlawful harassment, discrimination and retaliation towards individuals based on characteristics protected by law. Federal law protects employees against inappropriate conduct at work on the basis of seven protected classifications (race, sex, age, religion, disability, national origin, and genetic information). California law additionally protects against transgressive behaviour based on many more protected classifications including sexual orientation, gender identity, medical conditions including AIDS/HIV, ancestry, marital status, ethnicity, plus more. The state most recently added as protected characteristics transgender and transitioning status (as part of gender expression), reproductive health decision- making, and cannabis use off the job and away from the workplace. California law also prohibits employees from engaging
Rebecca represents companies in litigation in federal and state courts nationwide. She is an across-the-board employment lawyer with significant trial experience representing management in bet-the-company cases involving wage and hour and fair credit class actions, trade secrets, wrongful termination, discrimination and fair pay claims. Rebecca provides strategic advice to companies aimed towards aligning personnel practices with an employer’s culture, values and priorities and minimising legal risk. She is committed to developing a client’s understanding of the law to improve human resources practices and guide business forward. A frequent speaker and writer on key developments and cutting-edge legal issues, Rebecca is known for pragmatic, out-of-the-box solutions that support strategic growth. Rebecca’s clients include healthcare companies, professional services firms, entertainment, digital media and technology innovators, manufacturers and recyclers, and tax-exempt organisations, operating both domestically and internationally. She has been ranked by ChambersUSA multiple times, is honoured by her peers as one of the Best Lawyers in America and recognised for her trial successes as a Fellow of the Litigation Counsel in America. Selected by the professional services network IRGlobal as its exclusive California employment practitioner, Rebecca contributes thought leadership and provides guidance on developing areas of employment law to professionals around the world. Prior to her law firm practice, Rebecca served as a Law Clerk for Chief Judge Deanell Reece Tacha for the Tenth Circuit, U.S. Court of Appeals.
+1(310) 310 2992 rebecca@torreyfirm.com irglobal.com/advisor/rebecca-torrey
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