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
Shirvanyan v. Los Angeles Community Coll. Dist., 2020 WL 7706321 (Cal. Ct. App. 2020) Anahit Shirvanyan, a former kitchen assistant employed by the District, alleged the District failed to reasonably accommodate and/or engage in the interactive process with her based upon two injuries she had suffered (a wrist injury from carpal tunnel syndrome and a … Continue Reading
We invite you to review our newly-posted May 2020 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Court Reverses $13 Million Gender Discrimination Verdict Entered Against UCLA Court Affirms $2.9 Million Verdict Against Employer That Failed To Obtain Green Card For Employee … Continue Reading
Caldera v. California Dep’t of Corrs. & Rehab., 2020 WL 2109751 (Cal. Ct. App. 2020) Augustine Caldera is a correctional officer at a state prison who stutters when he speaks. Caldera alleged that the prison’s employees, including a supervisor, “mocked and mimicked” his stutter at least a dozen times over a period of two years. … Continue Reading
Anthony v. TRAX Int’l Corp., 955 F.3d 1123 (9th Cir. 2020) After Sunny Anthony filed suit, alleging she was terminated because of her disability, the employer (TRAX) learned that contrary to her representation on her employment application, she lacked the bachelor’s degree that was required of all technical writers under the employer’s government contract. The … Continue Reading
We invite you to review our newly-posted January 2020 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Church Affiliate Is Exempt From FEHA Liability, But Liable for $1.9 Million On Other Theories Disability Discrimination, Harassment and Retaliation Claims Were Properly Dismissed Employer That … Continue Reading
Glynn v. Superior Court, 42 Cal. App. 5th 47 (2019) John Glynn worked as a pharmaceutical sales representative before he commenced a medical leave of absence for a serious eye condition (myopic macular degeneration). Glynn’s doctor provided a medical certification designating his work status as “no work” because Glynn “can’t safely drive.” Although the employer’s … Continue Reading
Doe v. Department of Corr. & Rehab., 2019 WL 6907515 (Cal. Ct. App. 2019) John Doe, who worked as a psychologist at Ironwood State Prison, alleged discrimination, harassment and retaliation based upon a disability; Doe also alleged that the employer violated FEHA in that it failed to accommodate his two alleged disabilities (asthma and dyslexia) … Continue Reading
Goldstein v. CUIAB, 2019 WL 1923530 (Cal. Ct. App. 2019) Steven M. Goldstein applied for and received unemployment insurance benefits from March 23, 2013 through August 10, 2013 after which time he ceased receiving unemployment benefits because he began receiving disability benefits, which continued until September 2014. Goldstein’s second claim for unemployment insurance benefits had … Continue Reading
Garcia v. Salvation Army, 918 F.3d 997 (9th Cir. 2019) Ann Garcia worked as social services coordinator for the Salvation Army but “left the Church” and stopped attending religious services there a few years before taking a lengthy medical leave of absence due to fibromyalgia and eventually being fired for failing to report to work … Continue Reading
Snapp v. BNSF Ry., 889 F.3d 1088 (9th Cir. 2018) Danny Snapp sued his former employer, the Burlington Northern Santa Fe Railway Co. (“BNSF”), for failure to accommodate his alleged disability in violation of the Americans with Disabilities Act (“ADA”). Snapp worked as a division trainmaster, but due to “tiredness and low energy,” he went … Continue Reading
Hernandez v. Rancho Santiago Cmty. Coll. Dist., 2018 WL 2057468 (Cal. Ct. App. 2018) Marisa Hernandez worked on and off as an assistant for the District for a number of years without any complaints about her performance. Eight months into her 12-month probationary period (after which point she would become a “permanent employee”), Hernandez took … Continue Reading
Simers v. Los Angeles Times Commc’ns, LLC, 18 Cal. App. 5th 1248 (2018) T.J. Simers, a well-known sports columnist for the Los Angeles Times, alleged disability and age discrimination and constructive discharge – Simers, who had suffered a “mini-stroke” from which he quickly recovered, quit his job after his column was suspended and he was … Continue Reading
Bustos v. Global P.E.T., Inc., 19 Cal. App. 5th 558 (2017) William Bustos sued his former employer for disability discrimination. A jury determined that Bustos’ actual or perceived physical condition was a substantial motivating reason for his termination, but nevertheless returned defense verdicts on all of his claims. After the trial, Bustos sought an award … Continue Reading
Alamillo v. BNSF Ry. Co., 2017 WL 3648514 (9th Cir. 2017) Antonio Alamillo, who worked as a locomotive engineer for BNSF, missed several calls and was suspended on at least two occasions before being terminated. Around the same time, Alamillo began to suspect he was experiencing a medical problem and was soon diagnosed with obstructive … Continue Reading
Jury panels in the Los Angeles Superior Court (which is often referred to as “The Bank” by the plaintiffs’ bar) have recently delivered multimillion-dollar verdicts to former-employee plaintiffs. Many employers doing business in California already have insulated themselves from such disasters by adopting comprehensive arbitration regimes, which would require that such cases be heard by a retired … Continue Reading
Featherstone v. Southern Cal. Permanente Med. Grp., 2017 WL 1399709 (Cal. Ct. App. 2017) Ruth Featherstone alleged that her former employer (SCPMG) discriminated against her based on a “temporary disability” that was caused by an adverse drug reaction, which resulted in an “altered mental state.” During this alleged altered mental state, Featherstone resigned orally from … Continue Reading
Soria v. Univision Radio Los Angeles, Inc., 5 Cal. App. 5th 570 (2016) Sofia Soria worked as an on-air radio personality for Univision for approximately 14 years before her employment was terminated for alleged tardiness and lack of preparation for her show. In response to Soria’s lawsuit for alleged disability discrimination, Univision argued it had … Continue Reading
Beginning January 1, 2018, the amount of paid family leave benefits increases from 55 percent of earnings to 60 or 70 percent of earnings, depending on the employee’s income (subject to a maximum weekly benefit limit). In addition, the current seven-day waiting period to receive benefits is eliminated. (AB 908.)… Continue Reading
Moore v. The Regents of the Univ. of Cal., 2016 WL 3434186 (Cal. Ct. App. 2016) Deborah Moore was employed as the Director of Marketing for the University of California San Diego (UCSD) until her job was eliminated shortly after she got a new supervisor who believed that the job functions that Moore was performing … Continue Reading
Castro-Ramirez v. Dependable Highway Express, Inc., 246 Cal. App. 4th 180 (2016) Luis Castro-Ramirez sued his former employer, Dependable Highway Express, Inc., for “associational disability discrimination,” failure to prevent discrimination and retaliation under the California Fair Employment and Housing Act (“FEHA”) and wrongful termination. Castro-Ramirez’s son requires daily dialysis, and Castro-Ramirez must administer the treatment … Continue Reading
Mendoza v. The Roman Catholic Archbishop of Los Angeles, 2016 WL 1459214 (9th Cir. 2016) Alice Mendoza worked as a full-time bookkeeper for a small parish church. She took sick leave for 10 months, during which time the pastor of the church took over the bookkeeping duties himself and determined that Mendoza’s job could be … Continue Reading
Prue v. Brady Co./San Diego, Inc., 196 Cal. Rptr. 3d 68 (Cal. Ct. App. 2015) Adam Prue alleged wrongful termination of his employment based upon a work related injury, which violated the public policy set forth in Labor Code § 132a. The trial court granted the employer’s motion for summary judgment on the grounds that … Continue Reading
Nealy v. City of Santa Monica, 2015 WL 632228 (Cal. Ct. App. 2015) Tony Nealy worked as a solid waste equipment operator for the City of Santa Monica before injuring his knee in July 2003 while moving a large bin full of food waste. Nealy was temporarily totally disabled due to the injury until 2005 … Continue Reading
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