California Employment Law Update

Category Archives: FEHA

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California’s Civil Rights Department Adds More Detail to Regulations Regarding Consideration of Applicants’ Criminal History

By Philippe A. Lebel and Michelle Lappen on Posted in Background Investigations, California Labor & Employment Law, FEHA, Hiring
In the weeks and months since it changed its name from the Department of Fair Employment and Housing to the California Civil Rights Department (“CRD”), the agency has been busy.  Most recently, the CRD released proposed modifications to the regulations under the Fair Employment and Housing Act (“FEHA”) related to the use and consideration of … Continue Reading

November 2022 California Employment Law Notes

By Tony Oncidi on Posted in Arbitration Agreements, Class Actions, Disability, Discrimination, Employment Applications, Employment Law Notes, Equal Pay Act, FCRA, FEHA, Gender discrimination, Harassment, Independent Contractors, Negligence, Reasonable Accommodation, Retaliation, Settlement, Sexual Harassment, Whistleblowers, Workers Compensation, Workplace Safety, Workplace Violence, Wrongful Termination
We invite you to review our newly-posted November 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Equal Pay Act Claim Should Not Have Been Dismissed Whistleblower Claim Should Not Have Been Dismissed In Part School District Employee May Have Been Discriminated … Continue Reading

School District Employee May Have Been Discriminated Against On The Basis Of A Disability

By Tony Oncidi on Posted in Disability, Discrimination, Employment Applications, FEHA, Reasonable Accommodation, Retaliation
Price v. Victor Valley Union High Sch. Dist., 2022 WL 16845113 (Cal. Ct. App. 2022) La Vonya Price worked as a part-time substitute special education aide at the Victor Valley Unified School District before applying for a full-time position.  Although she received an offer for a full-time position, it was contingent upon her passing a … Continue Reading

Equal Pay Act Claim Should Not Have Been Dismissed

By Tony Oncidi on Posted in Discrimination, Equal Pay Act, FEHA, Gender discrimination, Harassment, Retaliation, Sexual Harassment, Wrongful Termination
Allen v. Staples, Inc., 84 Cal. App. 5th 188 (2022) Joyce Allen worked at Staples as a field sales director (FSD) reporting to area sales vice president Bruce Trahey; FSD Charles R. Narlock also reported to Trahey.  As part of a corporate reorganization in February 2019, Trahey informed Allen and several other FSDs of his … Continue Reading

California Employment Laws Passed and Pending

By Tony Oncidi and Sehreen Ladak on Posted in California Labor & Employment Law, CFRA, Collective Bargaining, Coronavirus, COVID-19, Discrimination, Employee Benefits, FEHA, Hiring, Leaves of Absence, New and Proposed Laws and Legislation, Paid Sick Leave
It just wouldn’t be Fall without the passage of a flurry of new laws, shaking up the employment landscape in California.  As of the close of the legislative session on August 31, several “job killer” bills (so called by the California Chamber of Commerce as reported here and here) passed the state legislature and are … Continue Reading

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

By Philippe A. Lebel and Michelle Lappen on Posted in California Labor & Employment Law, California Labor Code, Discrimination, Drug Policies, Drug Testing, Employment Policies, FEHA, New and Proposed Laws and Legislation, News, Payroll, Reporting Requirements, Retaliation, Workers Compensation
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 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 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 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

By Tony Oncidi, Kate Gold, Philippe A. Lebel, Nayirie K. Mehdikhani, Sehreen Ladak and Ariel Brotman on Posted in ABC Test, Arbitration Agreements, Attorney's Fees, California Labor & Employment Law, California Labor Code, Collective Bargaining, COVID-19, Discrimination, FEHA, Independent Contractors, Leaves of Absence, New and Proposed Laws and Legislation, Release Agreements, Retaliation, Unfair Competition, Wage and Hour
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

By Tony Oncidi on Posted in Age discrimination, Anti-SLAPP, Bonus Compensation, California Labor & Employment Law, California Labor Code, Class Actions, Discrimination, FEHA, FLSA, Insurance, Jurisdiction, Meal Periods and Rest Breaks, Minimum Wage, Non-Competition Covenants, PAGA, Retaliation, Settlement, Sherman Antitrust Act, Title VII, Whistleblowers, Workers Compensation, Workplace Safety
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

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 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 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 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 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 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 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 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 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 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

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

By Tony Oncidi on 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
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