Category Archives: FEHA

Business Entity Agents Of Employer Share Potential FEHA Liability

Raines v. U.S. Healthworks Med. Group, 2023 WL 5341067 (Cal. S. Ct. 2023) The Ninth Circuit certified to the California Supreme Court the question of whether FEHA’s definition of “employer” extends to corporate agents of the employer such as a company that conducts preemployment medical screenings. In this putative class action, plaintiffs allege that their … Continue Reading

Arbitrator Correctly Enforced Release Agreement Executed By Employee

By Tony Oncidi on September 19, 2023 Posted in Age discrimination, Discrimination, FEHA, Release Agreements, Uncategorized, Wrongful Termination

Castelo v. Xceed Fin. Credit Union, 91 Cal. App. 5th 777 (2023) Elizabeth Castelo sued her former employer Xceed Financial Credit Union for wrongful termination and age discrimination in violation of FEHA. After the parties stipulated to binding arbitration, the arbitrator granted summary judgment to Xceed based on a release that Castelo signed after she … Continue Reading

California Expands FEHA Liability to Include “Institutional Agents” of Employers

By Tony Oncidi, Joseph O’Keefe and David Gobel on August 29, 2023 Posted in California Labor & Employment Law, FEHA, News, Third Party Liability

California’s Fair Employment and Housing Act (FEHA) is already one of the most employee-friendly state civil rights laws in the country. Until now, it was not clear whether employees could sue not only their direct employers for discrimination and harassment, but also other independent businesses that work on behalf on their employers. In Raines v. … Continue Reading

AI is Here and So Are the New AI Rules for Employers

By Tony Oncidi and Sehreen Ladak on April 24, 2023 Posted in Age discrimination, Biden Administration Coverage, California Labor & Employment Law, Computer and Internet Use, Discrimination, Employment Applications, Employment Policies, FEHA, Gender discrimination, Hiring, New and Proposed Laws and Legislation, Pay equity, Reasonable Accommodation, Reporting Requirements, Retaliation

California is considering a new law (Assembly Bill 331), also known as the Automated Decision Systems Accountability Act. Modeled after the Biden Administration’s Blueprint for an AI Bill of Rights (whitehouse.gov), AB 331 would control the use of machine-based systems in making “consequential” employment decisions such as compensation, promotions, hiring, termination, and automated task allocations. … Continue Reading

March 2023 California Employment Law Notes

We invite you to review our newly-posted March 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: No Claim By Employee Who Was Friends With Alleged Harasser Pregnancy Discrimination Lawsuit Was Properly Dismissed Employer That Failed To Layoff Employee Before She Became … Continue Reading

Issue Preclusion Barred PAGA Claims After Arbitration Loss

By Tony Oncidi on March 31, 2023 Posted in California Labor Code, FEHA, PAGA

Rocha v. U-Haul Co. of Cal., 88 Cal. App. 5th 65 (2023) Thomas and Jimmy Rocha alleged FEHA and Labor Code violations against their employer U-Haul. The brothers’ individual PAGA claims were compelled to arbitration where they subsequently lost on all causes of action. The Rochas then moved to vacate the arbitrator’s award, but the … Continue Reading

Pregnancy Discrimination Lawsuit Was Properly Dismissed

By Tony Oncidi on March 31, 2023 Posted in Disability, Discrimination, FEHA, Harassment, Pregnancy Leave, Reasonable Accommodation, Wrongful Termination

Lopez v. La Casa de Las Madres, 2023 WL 2534998 (Cal. Ct. App. 2023) Gabriela Lopez worked as shelter manager for a non-profit organization that provides services to women and children who are victims of domestic violence. In September 2016, Lopez gave birth to a child; by December 17, 2016, Lopez had received the full … Continue Reading

No Claim By Employee Who Was Friends With Alleged Harasser

By Tony Oncidi on March 31, 2023 Posted in Constructive Discharge, FEHA, Retaliation, Sexual Harassment

Atalla v. Rite Aid Corp., 2023 WL 2521909 (Cal. Ct. App. 2023) Hanin Atalla and Erik Lund had a social relationship and became “close friends” before Atalla began working at Rite Aid where Lund worked as a district manager/district leader. Atalla and her husband socialized with Lund and his wife, and Atalla and Lund exchanged … Continue Reading

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

By Philippe A. Lebel and Michelle Lappen on December 29, 2022 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

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 November 23, 2022 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 November 23, 2022 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 September 21, 2022 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 June 3, 2022 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 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

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