Category Archives: FEHA

Several State “Job Killer” Bills Move One Step Closer to Passage

As covered previously here, the California Chamber of Commerce (“Chamber”) once again has identified a handful of “job killer” bills making their way through the legislative process. This year’s crop of proposed legislation would, among other things, inflate employer data reporting requirements and further expand the scope of the Fair Employment and Housing Act (“FEHA”). … Continue Reading

Employee with Mild Symptoms of COVID-19 Was Not “Disabled” Under California Law

By Tony Oncidi and Wesley C. Shelton on May 25, 2022 Posted in California Labor & Employment Law, Coronavirus, COVID-19, Disability, FEHA

In Michelle Roman v. Hertz Local Edition Corp., a United States District Court Judge for the Southern District of California granted summary judgment in favor of Hertz, and against former employee Michelle Roman, whose employment was terminated after she contracted COVID. Roman claimed that her job should have been protected by the California Fair Employment … Continue Reading

Spring Showers Bring Job Killer Bills to California

By Sehreen Ladak and Philippe A. Lebel on April 18, 2022 Posted in Attorney's Fees, California Labor & Employment Law, California Labor Code, Class Actions, Disability, Discrimination, Drug Policies, Drug Testing, Employment Policies, FEHA, New and Proposed Laws and Legislation, Payroll, Reasonable Accommodation, Reporting Requirements, Retaliation, Wage and Hour, Workers Compensation

Pablo Neruda once said “you can cut all the flowers but you cannot keep spring from coming.” Likewise, California businesses’ protests against oppressive employment legislation don’t seem to stem the tide of the Legislature’s latest batch of anti-employer bills. The California Chamber of Commerce has just identified a host of recently introduced “Job Killer” Bills … Continue Reading

New Lawsuit Reminds Employers to Check Their Grooming Policies

By Kate Gold, Philippe A. Lebel and Dixie Morrison on December 7, 2021 Posted in California Labor & Employment Law, Discrimination, FEHA

A suit filed last week in San Diego Superior Court serves as a reminder to employers about the importance of keeping up-to-date on California’s evolving Fair Employment and Housing Act (“FEHA”). In the new suit, an employee, Jeffrey Thornton, claims that he was discriminated against on the basis of his race when his former employer, … Continue Reading

Governor Newsom Signs A Slew of New Employment Laws for 2022

As the 2021 legislative season came to a close, Governor Gavin Newsom signed numerous bills into law. From arbitration to workplace safety, these laws will impact employers across the state. We have summarized the most important ones for you here: Arbitration Arbitration fees will now need to be paid upon receipt of invoice unless the … Continue Reading

September 2021 California Employment Law Notes

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

Retired Judges May Proceed With Age Discrimination Lawsuit

By Tony Oncidi on September 17, 2021 Posted in Age discrimination, FEHA

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

Employer Must Prove Employee Knew Or Should Have Known Of Discriminatory Failure To Hire For Statute Of Limitations Bar To Apply

By Tony Oncidi on September 17, 2021 Posted in FEHA

Pollock v. Tri-Modal Distrib. Servs., Inc., 11 Cal. 5th 918 (2021) Pamela Pollock, a customer service representative for Tri-Modal, alleged she was passed over for several promotions because she refused to have sex with Michael Kelso, Tri-Modal’s executive vice-president. Kelso initiated a dating relationship with Pollock in 2014, but the relationship ended in 2016 when … Continue Reading

March 2021 California Employment Law Notes

By Tony Oncidi on March 19, 2021 Posted in ABC Test, ADA, California Labor & Employment Law, California Labor Code, CFRA, Class Actions, Disability, FEHA, FLSA, FMLA, Meal Periods and Rest Breaks, PAGA, Wage and Hour, Wrongful Termination

We invite you to review our newly-posted March 2021 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Trial Court Properly Dismissed Employee’s CFRA And Disability Discrimination Claims LAUSD Teacher Can Proceed With Claim For Disability Allegedly Caused By School’s Wi-Fi System Supreme … Continue Reading

LAUSD Teacher Can Proceed With Claim For Disability Allegedly Caused By School’s Wi-Fi System

By Tony Oncidi on March 19, 2021 Posted in ADA, Disability, FEHA

Brown v. Los Angeles Unified School Dist., 2021 WL 631030 (Cal. Ct. App. 2021) Laurie Brown, a teacher at Millikan Middle School, alleged she experienced chronic pain, which was allegedly caused by a new Wi-Fi system the school had installed. Brown’s medical provider diagnosed her with “electromagnetic hypersensitivity sensitivity” (EHS). Brown eventually quit, claiming she could … Continue Reading

Appellate Court Reverses $13 Million Gender Discrimination Verdict

By Tony Oncidi on April 23, 2020 Posted in FEHA, Gender discrimination

Today, the California Court of Appeal 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 (see our coverage of the February 2018 verdict here). Dr. Pinter-Brown sued for alleged gender discrimination and unlawful retaliation. The appellate court determined that … Continue Reading

March 2020 California Employment Law Notes

By Tony Oncidi on March 12, 2020 Posted in California Labor & Employment Law, Class Actions, Constructive Discharge, Employer Liability for Worker's Actions, Equal Pay Act, FEHA, FLSA, Gender discrimination, Meal Periods and Rest Breaks, Overtime, Payroll, Settlement, Sexual Harassment, Sexual orientation discrimination, Unfair Competition, Wage and Hour, Workplace Safety

We invite you to review our newly-posted March 2020 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Time Spent By Employees In Exit Searches Is Compensable Prior Pay Is Not A Defense To An Equal Pay Act Claim Constructive Termination And Joint … Continue Reading

Gay CHP Officer May Have Been Constructively Terminated

By Tony Oncidi on March 12, 2020 Posted in FEHA, Sexual orientation discrimination

Brome v. California Highway Patrol, 44 Cal. App. 5th 786 (2020) Jay Brome sued the California Highway Patrol (“CHP”) after resigning as a law enforcement officer, claiming he had been subjected to harassment and discrimination because of his sexual orientation in violation of the California Fair Employment and Housing Act. Brome provided evidence that his … Continue Reading

January 2020 California Employment Law Notes

By Tony Oncidi on January 14, 2020 Posted in California Labor Code, Class Actions, Defamation, Disability, Discrimination, FEHA, Harassment, Meal Periods and Rest Breaks, PAGA, Retaliation, Trade Secrets, Wage and Hour, Wrongful Termination

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

Church Affiliate Is Exempt From FEHA Liability, But Liable for $1.9 Million On Other Theories

By Tony Oncidi on January 14, 2020 Posted in FEHA

Mathews v. Happy Valley Conference Ctr., 2019 WL 6769659 (Cal. Ct. App. 2019) Jeremiah Mathews worked as a maintenance supervisor and cook for Happy Valley Conference Center, which is a subordinate affiliate of Community of Christ (a church). Mathews alleged his employment was terminated in retaliation for his having reported harassment of a younger male … Continue Reading

November 2019 California Employment Law Notes

By Tony Oncidi on November 11, 2019 Posted in California Labor & Employment Law, Class Actions, FEHA, Joint Employer, Meal Periods and Rest Breaks

We invite you to review our newly-posted November 2019 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Court Upholds Whistleblower Verdicts In Favor Of Fired Parking Ticket Hearing Examiners College Professor Was Retaliated Against For Complaining About Hostile Environment Discriminatory Failure-To-Hire Claim Must … Continue Reading

Statute Of Limitations Runs From The Date Of Each Allegedly Discriminatory Payment

By Tony Oncidi on November 11, 2019 Posted in FEHA

Carroll v. City & County of San Francisco, 2019 WL 5617019 (Cal. Ct. App. 2019) Joyce Carroll retired from her job working for the City of San Francisco in 2000 due to rheumatoid arthritis; since that time, Carroll received monthly disability retirement benefit payments. Plaintiff alleged that she became aware in 2017 (17 years after … Continue Reading

Employer May Have FEHA Liability If It Exercised Direction/Control Over Temp Worker

By Tony Oncidi on November 11, 2019 Posted in FEHA

Jimenez v. U.S. Continental Mktg., Inc., 2019 WL 5257938 (Cal. Ct. App. 2019) Elvia Velasco Jimenez asserted claims under the FEHA against her “contracting employer,” a manufacturing company named U.S. Continental Marketing Inc. (“USCM”) for which she performed services, and a “temporary-staffing agency” named Ameritemps. At trial, the jury agreed with USCM that it was … Continue Reading

Discriminatory Failure-To-Hire Claim Must Be Brought Under The FEHA

By Tony Oncidi on November 11, 2019 Posted in FEHA

Williams v. Sacramento River Cats Baseball Club, LLC, 40 Cal. App. 5th 280 (2019) Wilfert Williams sued the Sacramento River Cats Baseball Club under a common law tort action for allegedly failing to hire him as an assistant visitor clubhouse manager because of his race. The trial court sustained the employer’s demurrer to the complaint … Continue Reading

California Enacts a Raft of New Employment Laws

By Tony Oncidi on October 11, 2019 Posted in #MeToo, Arbitration Agreements, California Labor & Employment Law, Employment Contracts, FEHA, Harassment, New and Proposed Laws and Legislation, Sexual Harassment

On Thursday, October 10, 2019, California Gov. Gavin Newsom signed into law several new measures that employers will need to comply with by January 1, 2020 and that will generally make it easier for employees to sue their employers. Specifically: AB 9 extends the statute of limitations period for employees to file claims of discrimination, harassment and/or retaliation … Continue Reading

Los Angeles Jury Awards $15.4 Million To Former LA Times Columnist

By Tony Oncidi on August 20, 2019 Posted in ADA, ADEA, Age discrimination, California Labor & Employment Law, Constructive Discharge, FEHA, Jury verdicts, Verdict

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

May 2019 California Employment Law Notes

By Tony Oncidi on May 16, 2019 Posted in ADA, California Labor & Employment Law, Discrimination, Employee Benefits, FEHA, Independent Contractors, Title VII, Wrongful Termination

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

California Employee Is Compelled To Litigate His Employment Claims In Indiana

By Tony Oncidi on May 15, 2019 Posted in California Labor & Employment Law, FEHA, Wrongful Termination

Ryze Claim Solutions LLC v. Superior Court, 2019 WL 1467947 (Cal. Ct. App. 2019) Jerome Nedd was employed by Ryze Claim Solutions in El Cerrito, California for almost three years before his employment was terminated, resulting in his filing claims against Ryze for wrongful termination and violation of the Fair Employment and Housing Act (“FEHA”) … Continue Reading

March 2019 California Employment Law Notes

By Tony Oncidi on March 22, 2019 Posted in Background Investigations, California Labor & Employment Law, California Labor Code, Class Actions, EEOC, Employment Law Notes, FEHA, Independent Contractors, On-call, Overtime, PAGA, Tax, Wage and Hour, Wage Statements

We invite you to review our newly-posted March 2019 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Eddie Money Beats Discrimination Lawsuit Based On Free Speech Right; Former Accountant Could Proceed With Whistleblower Lawsuit; Employer Violated FCRA With Improper Background Check Notice; Fruit Growers May … Continue Reading

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