Discrimination

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On September 24, 2016, California Gov. Jerry Brown signed A.B. 1687 – a measure aimed at preventing age discrimination against film, television, and other professionals in the entertainment industry whose ages could be viewed by casting directors and other potential employers.  As a result of this bill, industry professionals whose profiles are listed on commercial online entertainment employment service providers (IMDb.comPro and similar…

Mitchell v. California Dep’t of Public Health, 1 Cal. App. 5th 1000 (2016)

Reginald Mitchell sued his former employer, the California Department of Public Health, for racial discrimination in violation of the Fair Employment and Housing Act (“FEHA”). The trial court sustained the employer’s demurrer based upon the statute of limitations, but the Court of Appeal reversed, holding that the complaint sufficiently established a…

Green v. Brennan, 578 U.S. ___, 136 S. Ct. 1769 (2016)

Marvin Green alleged racial discrimination under Title VII of the Civil Rights Act, claiming he was denied a promotion because he is black; his supervisors had accused Green of the crime of intentionally delaying the mail. In an agreement between the parties dated December 16, 2009, the Postal Service agreed not to pursue criminal…

The California Assembly has voted to approve A.B. 1732, which would require all single-occupancy restrooms in any business, public accommodation, or government agency to be branded as “all gender” and ban any single-user bathroom from being designated male- or female-only.  The bill also authorizes building inspectors or other local officials responsible for code enforcement to inspect for compliance with this measure.  The bill now…

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 to his son. Castro-Ramirez’s supervisors had for several years…

Davis v. Farmers Ins. Exch., 245 Cal. App. 4th 1302 (2016)

William A. Davis brought suit against Farmers, claiming he had been wrongfully classified as an independent contractor rather than an employee and asserting that he had been wrongfully terminated on the basis of his age. The trial court directed a verdict in Farmers’s favor on the wage claim, and the jury found for Farmers…

Arizona ex rel. Horne v. The Geo Group, 2016 WL 945634 (9th Cir. 2016)

Alice Hancock was employed by Geo as a correctional officer at the Arizona State Prison. Geo contracts with the Arizona Department of Corrections to maintain and operate two facilities in the state. Hancock filed a charge of discrimination and harassment based on sex and also alleging retaliation. After concluding its…

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 done by a part-time bookkeeper. When Mendoza returned from…

New California anti-discrimination, anti-harassment, and pregnancy disability leave regulations go into effect on April 1, 2016.  The substantive law regarding these issues has not changed.  However, the new amendments enumerate detailed requirements regarding anti-harassment policies and investigations, and institute additional notice and recordkeeping requirements.

Anti-Discrimination and Harassment Regulations

The new anti-discrimination and harassment regulations clarify an employer’s duty to take reasonable steps to prevent discriminatory…

Jumaane v. City of Los Angeles, 241 Cal. App. 4th 1390 (2015)

Jabari Jumaane, an African-American firefighter with the Los Angeles Fire Department, sued the City of Los Angeles for racial discrimination, harassment and retaliation. Following a 34-day jury trial, the jury found for Jumaane on his claims and awarded him more than $1 million in damages. Following the trial, the city filed a…