Category Archives: Age discrimination

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May 2023 California Employment Law Notes

We invite you to review our newly-posted May 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Art Teacher’s Age Discrimination Case May Not Be Barred By “Ministerial Exception” Users May Have Privacy Interest In Emails Sent Over Company Network Absent Express … Continue Reading

Art Teacher’s Age Discrimination Case May Not Be Barred By “Ministerial Exception”

By Tony Oncidi on May 23, 2023 Posted in Age discrimination, California Labor & Employment Law, Discrimination, Employment Law Notes, Religion, Uncategorized

Atkins v. St. Cecilia Catholic Sch., 2023 WL 3142316 (Cal. Ct. App. 2023) Frances Atkins was a long-term employee of St. Cecilia Catholic School, and in her final year with the school, she worked part-time as an art teacher and office administrator. Following the termination of her employment, Atkins sued the school for age discrimination in … Continue Reading

AI is Here and So Are the New AI Rules for Employers

By Tony Oncidi and Sehreen Ladak on April 24, 2023 Posted in Age discrimination, Biden Administration Coverage, California Labor & Employment Law, Computer and Internet Use, Discrimination, Employment Applications, Employment Policies, FEHA, Gender discrimination, Hiring, New and Proposed Laws and Legislation, Pay equity, Reasonable Accommodation, Reporting Requirements, Retaliation

California is considering a new law (Assembly Bill 331), also known as the Automated Decision Systems Accountability Act. Modeled after the Biden Administration’s Blueprint for an AI Bill of Rights (whitehouse.gov), AB 331 would control the use of machine-based systems in making “consequential” employment decisions such as compensation, promotions, hiring, termination, and automated task allocations. … Continue Reading

January 2023 California Employment Law Notes

By Tony Oncidi on February 8, 2023 Posted in Age discrimination, Anti-SLAPP, Bonus Compensation, Breach of Contract, Defamation, Discrimination, Employment Law Notes, Hiring, Independent Contractors, Jurisdiction, Meal Periods and Rest Breaks, Minimum Wage, Overtime, PAGA, Payroll, Wage Statements, Wrongful Termination

We invite you to review our newly-posted January 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Age/National Origin Case Was Properly Dismissed Despite “Direct Evidence” Of Discriminatory Animus Family Court May Order Employer To Provide Determination Of Arrearages Owed In Spousal … Continue Reading

Age/National Origin Case Was Properly Dismissed Despite “Direct Evidence” Of Discriminatory Animus

By Tony Oncidi on February 8, 2023 Posted in Age discrimination, Discrimination, Wrongful Termination

Opara v. Yellin, 57 F.4th 709 (9th Cir. 2023) Joan Opara was terminated from her employment as an IRS revenue officer after the IRS determined she had committed several “UNAX offenses” (i.e., incidents of unauthorized access of taxpayer data). Following her termination, Opara sued the Treasury Secretary, alleging she was terminated in violation of the … Continue Reading

March 2022 California Employment Law Notes

We invite you to review our newly-posted March 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: California Relaxes Standard For Proving Whistleblower Claims At-Will Employee Can Proceed With Labor Code § 970 Claim Doctor Proved Age/Race/Gender Discrimination Former Owner of Company Is … Continue Reading

Doctor Proved Age/Race/Gender Discrimination

By Tony Oncidi on March 17, 2022 Posted in Age discrimination, California Labor & Employment Law, Discrimination, Gender discrimination, Hiring, Public Employment

Department of Corr. & Rehab. v. State Pers. Bd., 2022 WL 354657 (Cal. Ct. App. 2022) Vickie Mabry-Height, M.D., sued the Department of Corrections and Rehabilitation, alleging discrimination on the basis of age, race and gender in violation of the California Fair Employment and Housing Act (FEHA). The State Personnel Board sustained Dr. Mabry-Height’s complaint … Continue Reading

November 2021 California Employment Law Notes

We invite you to review our newly-posted November 2021 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Ninth Circuit Resurrects California’s Anti-Arbitration Statute In-House Counsel’s Claim For Breach Of Oral Promise Of Contingency Fee Was Barred By Statute Employee Can Proceed With … Continue Reading

Employee Can Proceed With Age Discrimination Lawsuit Against LMU

By Tony Oncidi on November 12, 2021 Posted in Age discrimination, Gender discrimination

Jorgensen v. Loyola Marymount Univ., 68 Cal. App. 5th 882 (2021) Linda Jorgensen sued Loyola Marymount University for retaliation and age and gender discrimination. In opposition to LMU’s summary judgment motion, Jorgensen provided a declaration from a former employee (Carolyn Bauer) who swore that Johana Hernandez (the assistant dean) told Bauer that she “wanted someone younger” … Continue Reading

September 2021 California Employment Law Notes

We invite you to review our newly-posted September 2021 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Ninth Circuit Rejects “Paramour Preference” Liability Arising From Supervisor’s Affair With Another Employee $3.5 Million Emotional Distress Award Was “Shockingly Disproportionate” To Evidence Of Harm … Continue Reading

Retired Judges May Proceed With Age Discrimination Lawsuit

By Tony Oncidi on September 17, 2021 Posted in Age discrimination, FEHA

Mahler v. Judicial Council of Cal., 67 Cal. App. 5th 82 (2021) Plaintiffs are retired superior court judges who have participated in the Temporary Assigned Judges Program (TAJP). As a result of recent changes, there is a limit on the duration of service in the program, which plaintiffs claim has a disparate age impact on … Continue Reading

January 2021 California Employment Law Notes

By Tony Oncidi on January 28, 2021 Posted in Age discrimination, Breach of Contract, Class Actions, Disability, EEOC, FMLA, Meal Periods and Rest Breaks, Minimum Wage, Overtime, PAGA, Payroll, Pro Hac Vice, Reasonable Accommodation, Sexual Harassment, Title VII, Wage and Hour

We invite you to review our newly-posted January 2021 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Bank Employee Who Was Harassed By A Customer Can Proceed With Sexual Harassment Claim Laid-Off Employee Was Not Discriminated Against On The Basis Of Age … Continue Reading

Laid-Off Employee Was Not Discriminated Against On The Basis Of Age

By Tony Oncidi on January 28, 2021 Posted in Age discrimination, EEOC

Foroudi v. The Aerospace Corp., 57 Cal. App. 5th 992 (2020) The Aerospace Corporation hired David Foroudi as a senior project engineer when he was 55 years old. Several years later, Foroudi was among the lowest-ranked employees based upon his managers’ assessment of his deficiencies in interpersonal communication skills and limited background in navigation relating … Continue Reading

September 2020 California Employment Law Notes

By Tony Oncidi on September 25, 2020 Posted in Age discrimination, Attorney's Fees, California Labor & Employment Law, Class Actions, Defamation, Discrimination, Independent Contractors, Meal Periods and Rest Breaks, PAGA, Sexual Harassment, Tortious interference with contract, Wrongful Termination

We invite you to review our newly-posted September 2020 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Employee Entitled To $17.2 Million For Wrongful Termination/Defamation “Continuing Violation” Theory Saves Employee’s Sexual Harassment Claim Tortious Interference With At-Will Contract Requires Independently Wrongful Act … Continue Reading

Court Affirms Dismissal of Medical Assistant’s Discrimination Lawsuit

By Tony Oncidi on September 25, 2020 Posted in Age discrimination, Discrimination

Arnold v. Dignity Health, 53 Cal. App. 5th 412 (2020) Virginia M. Arnold worked as a medical assistant at Dignity Health before her employment was terminated for, among other things, failure to safeguard a patient’s personal health information (a HIPAA violation); display of inappropriate materials in the workplace (a picture of a bare-chested male model); … Continue Reading

$13M UCLA Case Exposes Calif. Employment Litigation Flaws

By Tony Oncidi on May 12, 2020 Posted in Age discrimination, California Labor & Employment Law, Gender discrimination, Jury verdicts

In Pinter-Brown v. Regents of the University of California,[1] the California Court of Appeal’s Second Appellate District recently reversed a blockbuster $13 million judgment that was entered against UCLA in favor of one of its former professors of medicine, Dr. Lauren Pinter-Brown. Pinter-Brown went to trial against University of California, Los Angeles, on claims of … Continue Reading

HR Executive Article: “How ‘OK, boomer’ can provide a teachable moment”

By Tony Oncidi and Cole Lewis on January 3, 2020 Posted in Age discrimination, California Labor & Employment Law

Tony Oncidi and Cole Lewis were recently featured in Human Resource Executive explaining how employers can use the viral phrase “OK, boomer” to teach employees about workplace harassment and discrimination. Read the full article here.… Continue Reading

“OK, Boomer!”: Not Okay In the Office

By Tony Oncidi, Cole Lewis and Philippe A. Lebel on November 15, 2019 Posted in Age discrimination, California Labor & Employment Law

As recently highlighted by the New York Times, a new phrase emblematic of the real or perceived “War Between the Generations” has gone viral: “OK, Boomer!” The phrase, popularized on the Internet and, in particular, Twitter by Generation Z and Millennials, has been used to dismiss baby boomers’ thoughts and opinions, sometimes viewed by younger … Continue Reading

Los Angeles Jury Awards $15.4 Million To Former LA Times Columnist

By Tony Oncidi on August 20, 2019 Posted in ADA, ADEA, Age discrimination, California Labor & Employment Law, Constructive Discharge, FEHA, Jury verdicts, Verdict

Employers all over California are once again hearing the siren call of arbitration in the wake of a $15.4 million single-plaintiff verdict that a Los Angeles jury delivered to a former Los Angeles Times sports columnist on Monday. T.J. Simers sued the paper for age and disability discrimination. Simers quit his job in 2013 … Continue Reading

Another Day, Another $31 Million Employee Verdict From a Los Angeles Jury

By Tony Oncidi on June 28, 2018 Posted in Age discrimination, Arbitration Agreements, California Labor & Employment Law, Discrimination, Jury verdicts, Verdict, Wrongful Termination

On Tuesday, a Los Angeles jury did what L.A. juries do so often these days — they awarded tens of millions of dollars to an ex-employee who claimed she had been the victim of discrimination, wrongful termination and retaliation. Codie Rael, who worked as a materials buyer for a dental supply company, claimed that she … Continue Reading

Dark Day For Hollywood – Law Prohibiting Online Publication Of Actors’ Ages Is Unconstitutional!

By Tony Oncidi on February 24, 2018 Posted in Age discrimination, California Labor & Employment Law, New and Proposed Laws and Legislation

A federal court has struck down as unconstitutional a California law (AB 1687) that prohibits commercial online services from publishing actors’ ages without their consent. The law, which the California legislature enacted in 2016, was undoubtedly one of the best things to happen to Hollywood since the invention of BOTOX. Now, however, a court has … Continue Reading

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