Discrimination

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Batarse v. Service Employees Int’l Union, 209 Cal. App. 4th 820 (2012)

Ray Batarse sued the SEIU for race discrimination, among other things, associated with the termination of his employment. The trial court granted the employer’s motion for summary judgment based upon Cal. Code Civ. Proc. § 437c(b)(3) because of Batarse’s failure to include a separate statement of disputed and undisputed facts. Batarse asserted…

Alamo v. Practice Mgmt. Info. Corp., 2012 WL 4450066 (Cal. Ct. App. 2012)

Lorena Alamo sued her former employer Practice Management Information Corp. (“PMIC”) for pregnancy discrimination and retaliation in violation of the California Fair Employment and Housing Act (“FEHA”) and wrongful termination in violation of public policy. Alamo was terminated for poor work performance after she returned from maternity leave. Following a jury…

 The EEOC’s recent enforcement guidance regarding employers’ use of criminal histories in employment decisions (the “Guidance”) appears to have one more foe: the U.S. House of Representatives. On May 10, 2012, the House passed an appropriation bill that would prohibit the use of EEOC funds for implementing, administering, or enforcing the Guidance. This prohibition echoes the criticism from the business community among others that …

Creative Artists Agency (CAA) and representatives of a class of television writers today announced the settlement of a case alleging age discrimination in the representation of television writers.

The case was the last of 23 separate class actions that were filed a decade ago by the writers against the major television networks, production studios, and talent agencies. The other 22 cases settled over the past six years for a combined amount of $74.5 million. The announcement of today’s news – wherein CAA has agreed to make a $150,000 donation and provide limited consulting services to a non-profit entity that assists older television writers – was made jointly by CAA and counsel for the 115 named plaintiffs and the settlement class. The settlement is subject to final approval by the California Superior Court in and for the County of Los Angeles.

On January 24, the EEOC reported that it received 99,947 complaints of workplace-discrimination in 2011, the highest number of complaints ever reported. Though the numbers are up only slightly from 2010, the EEOC believes the upswing may continue, in part due to a weak job market. The EEOC’s draft Strategic Plan for 2012-16 suggests that “During more difficult economic times, the EEOC may see an increase…

Henry v. Red Hill Evangelical Lutheran Church, 201 Cal. App. 4th 1041 (2011)

Sara Henry taught preschool children at the Red Hill Evangelical Church of Tustin; she was also the director of the preschool. Henry, who is Catholic, was not required to be Lutheran (only a practicing Christian) and was aware of the “Christian-based, Bible-based values of the school.” Henry was married when she…

Johnson v. Board of Trustees, 2011 WL 6091313 (9th Cir. 2011)

Patricia Johnson, who had a history of depression and bipolar disorder, taught special education for a school district in Idaho for a decade. Before her teaching certificate expired in 2007, Johnson failed to take sufficient college courses to obtain a renewal of the certificate because she experienced a “major depressive episode.” As a…

Haligowski v. Superior Court, 200 Cal. App. 4th 983 (2011)

While employed by Safway Services, Inc., Lieutenant Mario Pantuso was called to active duty with the United States Navy. When Pantuso returned from his six-month deployment in Iraq and asked for his job back, his immediate supervisor and the regional manager informed him that he was terminated from employment. Pantuso sued Safway and the…

Ellis v. Costco Wholesale Corp., 657 F.3d 970 (9th Cir. 2011)

In this appeal, Costco challenged the district court’s order granting class certification in an action in which Costco’s promotional practices were alleged to have discriminated against female employees. The district court’s order granting class certification preceded the United States Supreme Court’s opinion in Wal-Mart Stores v. Dukes, 131 S. Ct. 2541 (2011).…