FEHA

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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…

The number of protected classes under California’s Fair Employment and Housing Act (“FEHA”), Cal. Gov’t Code § 12900 et seq., has risen by one. The FEHA, together with the Unruh Civil Rights Act, Cal. Civ. Code § 51, currently prohibit discrimination in employment, housing, public accommodation, and services provided by business establishments on the basis of various personal characteristics such as sex, race, color, national …

Pantoja v. Anton, 198 Cal. App. 4th 87 (2011)

Lorraine Pantoja sued attorney Thomas J. Anton and his firm for wrongful termination, violation of the Fair Employment and Housing Act (“FEHA”), battery, sexual battery and intentional infliction of emotional distress. By the time of the trial, only the FEHA claims remained. In their motions in limine, defendants sought to exclude any reference to the…

Quinn v. U.S. Bank, N.A., 196 Cal. App. 4th 168 (2011)

Robert Quinn, a former senior vice president of U.S. Bank, alleged he was denied accommodation, harassed and terminated because of a physical disability in violation of the Fair Employment and Housing Act. U.S. Bank obtained summary judgment from the trial court on the ground that Quinn’s FEHA claims were preempted by the dismissal-at-pleasure…

Kelley v. The Conco Cos., 196 Cal. App. 4th 191 (2011)

Patrick Kelley, an apprentice ironworker, complained to his employer, Conco, that he had been subjected to a “barrage of sexually demeaning comments and gestures by his male supervisor” (David Seamen). After Kelley’s union suspended him from its apprenticeship program, he was not rehired by Conco. Kelley sued for sexual harassment and retaliation in…

Zeinali v. Raytheon Co., 636 F.3d 544 (9th Cir. 2011)

Hossein Zeinali, who is of Iranian descent, sued Raytheon for race and national origin discrimination under the Fair Employment and Housing Act when it terminated his employment after he was denied a security clearance by the Department of Defense. The district court granted summary judgment to Raytheon, but the Ninth Circuit Court of Appeals…

DFEH v. Lucent Technologies, Inc., 642 F.3d 728 (2011)

The California Department of Fair Employment and Housing and Steven Carauddo alleged Lucent violated the Fair Employment and Housing Act when it terminated Carauddo’s employment as an installer because he could not lift more than 30 pounds due to a back injury. The district court granted summary judgment to Lucent, and the Ninth Circuit Court…

Trovato v. Beckman Coulter, Inc., 192 Cal. App. 4th 319 (2011)

Irene Trovato, who was employed as a sales representative for Beckman Coulter, submitted a letter of resignation on May 14, 2007, with an effective date of May 25, 2007. On May 8, 2008, Trovato filed an administrative complaint against Beckman and her former supervisor, Michael Allyn. On May 22, 2008, Trovato sued Beckman…

The California Supreme Court has restricted, if not eliminated the "stray remarks doctrine,"  one of the most common defenses employers rely upon in workplace discrimination cases.  The ruling erects another significant barrier to keeping tenuous discrimination claims from proceeding to trial.