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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
This website uses third party cookies, over which we have no control. To deactivate the use of third party advertising cookies, you should alter the settings in your browser.