California Employment Law Update

Tag Archives: gender discrimination

New Transgender Identity and Expression Regulations (July 1, 2017)

In May 2017, the California Department of Fair Employment and Housing (DFEH) approved new regulations regarding transgender identity and expression in the workplace. The regulations become effective July 1, 2017. The new rules further expand the Fair Employment and Housing Act’s (FEHA) role in preventing discrimination in employment and housing on the basis of gender … Continue Reading

Handful of State “Job Killer” Bills Move On to Second House

According to reporting from the California Chamber of Commerce, several recently introduced bills have passed the California State Senate or Assembly and now move on to a vote in the second house. These bills include: Assembly Bill 1209 – requires California employers with more than 250 employees to collect data on the mean and median … Continue Reading

Union Member’s Hostile Work Environment Claim Was Not Preempted By Federal Law

Matson v. UPS, 840 F.3d 1126 (9th Cir. 2016) Mary Matson, a member of the Teamsters Union, worked as a “combination worker” unloading and sorting packages at UPS’s Boeing Field International hub in Seattle. During her employment, Matson allegedly complained that because of her gender she was subject to unfair and demeaning treatment in the workplace.  … Continue Reading

Ninth Circuit Applies Supreme Court’s “Rigorous Analysis” Test And Vacates Certification Of Class Action

Ellis v. Costco Wholesale Corp., 657 F.3d 970 (9th Cir. 2011) In this appeal, Costco challenged the district court’s order granting class certification in an action in which Costco’s promotional practices were alleged to have discriminated against female employees. The district court’s order granting class certification preceded the United States Supreme Court’s opinion in Wal-Mart … Continue Reading

Ninth Circuit Reexamines Class Certification Standards After Dukes v. Walmart

In Ellis v. Costco Wholesale Corp., 2011 U.S. App. LEXIS 19060 (9th Cir. Sept. 16, 2011), the Ninth Circuit reviewed the standards for class certification in an employment class action following the U.S. Supreme Court’s decision in Dukes v. Walmart. In Ellis,three named plaintiffs sought injunctive relief, compensatory damages, and backpay on behalf of a nationwide … Continue Reading

Class Of 1.5 Million Female Wal-Mart Employees Was Improperly Certified

Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011) The United States Supreme Court held that this class of as many as 1.5 million current and former female Wal-Mart employees was improperly certified by the lower court. The three lead plaintiffs claimed they were discriminated against on the basis of their gender and that … Continue Reading

Employee’s Lawyer Should Not Be Present During Client’s Psych Exam

Toyota v. Superior Court, 189 Cal. App. 4th 1391 (2010) Steven Braun sued Toyota Motor Sales and his supervisor Randall Bauer for gender discrimination, sexual harassment, defamation, constructive discharge and intentional and negligent infliction of emotional distress. Toyota and Bauer filed a motion to compel Braun to submit to an independent psychiatric examination, which the … Continue Reading

Ninth Circuit Affirms Certification Of Class In Wal-Mart Gender Discrimination Case

Dukes v. Wal-Mart Stores, 603 F.3d 571 (2010) (en banc) The district court certified a class encompassing all women employed by Wal-Mart at any time after December 26, 1998 who claimed gender discrimination under Title VII and who sought injunctive and declaratory relief, back pay and, in a separate opt-out class, punitive damages. Among other … Continue Reading

$1.8 Million Judgment Affirmed In Favor Of Employee Who Was Discriminated Against On The Basis Of Race And Gender

Harvey v. Sybase, Inc., 161 Cal. App. 4th 1547 (2008) Marietta Harvey was hired and supervised by Nita White-Ivy in the human resources departments of two different companies, including Sybase. When Sybase terminated Harvey, she alleged discrimination on the basis of race or gender. The jury agreed and returned a verdict in Harvey’s favor in … Continue Reading

Discrimination And Sexual Harassment Suit Properly Dismissed On Summary Judgment

Jones v. California Dep’t of Corrections and Rehabilitation, 152 Cal. App. 4th 1367 (2007) Kim C. Jones worked as a correctional officer at the R.J. Donovan Correctional Facility for approximately 16 years before experiencing alleged gender discrimination, sexual harassment, race discrimination, assault and battery and intentional and negligent infliction of emotional distress. The trial court … Continue Reading

Female Electrician Failed To Establish Gender Discrimination

Mondero v. Salt River Project, 400 F.3d 1207 (9th Cir. 2005) Sylvia Mondero sued the Salt River Project under Title VII of the Civil Rights Act of 1964, alleging gender discrimination associated with the Project’s failure to give her the opportunity to serve as an operations journeyman in an experimental program offered to several male … Continue Reading

Court Certifies Class Action Consisting Of 1.5 Million Female Wal-Mart Employees

Dukes v. Wal-Mart Stores, Inc., 222 F.R.D. 137 (N.D. Cal. 2004) (Jenkins, J.) Plaintiffs in this Title VII class-action lawsuit alleged that women employed in Wal-Mart stores are paid less than men in comparable positions, despite having higher performance ratings and greater seniority, receive fewer promotions to in-store management positions, and those who are promoted … Continue Reading

“Friends” Producers Could Not Use “Creative Necessity” As Absolute Defense To Sexual Harassment Complaint

Lyle v. Warner Bros. Television Prods., 38 Cal. App. 4th 264 (2004) The producers of the television show "Friends" hired Amaani Lyle as a writers’ assistant in June of 1999 and terminated her employment four months later based, they said, on her poor job performance and deficient typing skills. Among other things, Lyle alleged that … Continue Reading
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