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
We’re delighted to report that we secured two summary judgments in two separate alleged discrimination cases on behalf of a large Southern California hospital in matters that were pending in the Los Angeles Superior Court. In one case, decided on July 12, 2019, the Court agreed with our client that the former employee had failed … Continue Reading
As we have reported before, California is set to become the first state to prohibit employers from discriminating based upon hairstyle. Last week, Governor Gavin Newsom signed into law the “CROWN Act” (Create a Respectful and Open Workplace for Natural Hair). The CROWN Act amends the state’s Education Code and Government Code to define “race … Continue Reading
We invite you to review our newly-posted May 2019 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Strict Independent Contractor Test Applies Retroactively; California Employee Is Compelled To Litigate His Employment Claims In Indiana; Employee Could Rely Upon Former Supervisor’s Statement About Existence Of Discrimination; … Continue Reading
A new California bill aims to make it illegal for employers to discriminate against employees based upon their hairstyles. SB 188, also known as the “CROWN Act” (Create a Respectful and Open Workplace for Natural hair), proposes amending the Education Code and Government Code to define “race or ethnicity” as “inclusive of traits historically associated … Continue Reading
Just another day in paradise in Los Angeles… Unless you happen to be an employer. Continuing the recent spate of multi-million dollar verdicts, an LA jury awarded a former police officer $7 million on her sex discrimination claim. Lili Hadsell, a former police chief for the City of Baldwin Park, alleged that she was subjected … Continue Reading
The current landscape in the #MeToo Era has heightened the need for leaders at every business organization to ensure that sound and strategically aligned practices for preventing, receiving, and responding to harassment, discrimination and other workplace related claims are in place. Proskauer has just released its findings from a broad-based survey of employers around the … Continue Reading
This weekend Governor Brown signed many laws that were authored and gained traction in response to the #MeToo movement: New Restrictions On Confidentiality Of Sexual Harassment/Discrimination Settlements Senate Bill 820 prohibits confidentiality or non-disclosure provisions in settlement agreements that prevent the disclosure of factual information involving allegations of sexual misconduct – unless the party alleging … Continue Reading
The #MeToo movement has propelled employers across the U.S. to look not only at their policies for dealing with discrimination and harassment but also at their efforts to hire and promote employees from traditionally underrepresented groups. More than 450 CEOs and presidents across 85 industries have signed the CEO Action for Diversity & Inclusion, a … Continue Reading
Campbell v. State of Hawaii Dep’t of Educ., 892 F.3d 1005 (9th Cir. 2018) Patricia Campbell was employed by the Hawaii Department of Education (“DOE”) for nine years until she resigned because she was allegedly harassed and degraded by students on the basis of her race (white) and her sex. She alleges that students called … Continue Reading
Camacho v. Target Corp., 234 Cal. Rptr. 3d 223 (Cal. Ct. App. 2018) Adrian Camacho, a former Target cashier, sued for alleged sexual orientation discrimination, harassment causing a hostile work environment, retaliation, constructive termination in violation of public policy and related claims. Prior to resigning his employment with Target, Camacho settled a workers’ compensation (“WC”) … Continue Reading
Abed v. Western Dental Servs., Inc., 23 Cal. App. 5th 859 (2018) Western Dental posted a job opening for a dental assistant in its Napa, California office while Ada Abed was working there as a student extern. Although Abed originally had been assured that the externship was a four- to six-week “working interview” and that … 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
The California Office of Administrative Law recently approved new amendments to the California Fair Employment and Housing Act (“FEHA”), strengthening the protections afforded to applicants and employees, including individuals who are undocumented, on the basis of their national origin. Although the FEHA already prohibits discrimination and harassment on the basis of national origin, these new … Continue Reading
Two recent verdicts from California Superior Court juries have awarded former employees $6 million and $7.9 million, respectively, in compensatory damages after a finding of wrongful termination. Martinez v. Rite Aid Corp. On March 27, 2018, a Los Angeles County Superior Court jury found Rite Aid Corporation liable for just over $6 million after deciding … Continue Reading
By Anthony J. Oncidi and Nayirie Kuyumjian On Monday, the Ninth Circuit issued a significant opinion, Rizo v. Yovino, 2018 WL 1702982 (9th Cir. April 9, 2018), authored by the late “liberal lion” Judge Stephen Reinhardt, holding that an employer’s consideration of prior salary information cannot serve as a justification … 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
Artis v. District of Columbia, 583 U.S. ___, 138 S. Ct. 594 (2018) Stephanie Artis filed a Title VII employment discrimination case against her employer, the District of Columbia, which was eventually dismissed on summary judgment by the district court; the district court declined to exercise supplemental jurisdiction over the remaining state-law claims that were … Continue Reading
Last night, Oscar-winner Frances McDormand ended her acceptance speech with a reference to two words – “Inclusion Rider” – that sent many Oscar viewers scrambling to Google her cryptic message. But the term, and its legal implications, are somewhat more complicated than several news and entertainment outlets are reporting today. The term “inclusion rider” … Continue Reading
Clemens v. Qwest Corp., 874 F.3d 1113 (9th Cir. 2017) Arthur Clemens, Jr., sued his employer Qwest Corporation for race discrimination and retaliation in violation of Title VII. A jury awarded Clemens $157,000 for lost wages and benefits, more than $275,000 for emotional distress and $100,000 in punitive damages. The district court reduced the emotional … Continue Reading
Cornell v. Berkeley Tennis Club, 2017 WL 6524707 (Cal. Ct. App. 2017) Ketryn Cornell is a severely obese woman (BMI > 50) who was fired from her job as a manager and tennis court washer for the Berkeley Tennis Club. Following her termination, she sued the Club for disability discrimination, failure to accommodate her disability, … Continue Reading
Continuing an alarming recent pattern of multi-million dollar jury awards (see our earlier post), a Los Angeles jury panel recently awarded $17.4 million to a former employee of the Bureau of Sanitation. The employee claimed he had been retaliated against because he had taken part in “protected activities” and because he had filed a complaint … Continue Reading
