California Employment Law Update

Category Archives: Reasonable Accommodation

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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

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

October 2022 California Employment Law Notes

We invite you to review our newly-posted October 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Hollywood Producer Is Not Liable For Drowning Death Of Executive Assistant Employer May Not Inquire Into Former Employee’s Immigration Status Workers’ Comp Determination Does Not Govern … Continue Reading

AutoZone May Not Have “Provided” Suitable Seating To Employees

Meda v. AutoZone, Inc., 81 Cal. App. 5th 366 (2022) Monica Meda worked as a sales associate at an AutoZone for approximately six months before quitting and suing for violation of the Private Attorneys General Act (“PAGA”), asserting AutoZoners (the operating company for AutoZone) had failed to provide suitable seating to employees at the cashier … Continue Reading

Spring Showers Bring Job Killer Bills to California

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

March 2022 California Employment Law Notes

We invite you to review our newly-posted March 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: California Relaxes Standard For Proving Whistleblower Claims At-Will Employee Can Proceed With Labor Code § 970 Claim Doctor Proved Age/Race/Gender Discrimination Former Owner of Company Is … Continue Reading

Employer Not Required To Provide Workplace Seating To Grocery Cashiers

La Face v. Ralphs Grocery Co., 2022 WL 498847 (Cal. Ct. App. 2022) Jill La Face, who worked as a grocery store cashier, filed this PAGA claim against her employer, alleging that Ralphs violated an Industrial Wage Commission order that requires employers to provide suitable seating when the nature of the work reasonably permitted the … Continue Reading

California Jury Awards Employees $7.6 Million in Latest Gargantuan Wrongful Termination Verdict

A Los Angeles jury has ordered an apartment building owner and property management company to pay $7.6 million to two former live-in apartment managers who claimed to have been wrongfully terminated and discriminated against based upon a medical condition and disability (thyroid cancer). Albert Garcia and his wife Stephanie Garcia sued Gresham Apartments Investors, owners … Continue Reading

January 2021 California Employment Law Notes

We invite you to review our newly-posted January 2021 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Bank Employee Who Was Harassed By A Customer Can Proceed With Sexual Harassment Claim Laid-Off Employee Was Not Discriminated Against On The Basis Of Age … Continue Reading

Court Reverses $2.9 Million Jury Verdict For Failure To Accommodate Employee’s Disability

Shirvanyan v. Los Angeles Community Coll. Dist., 2020 WL 7706321 (Cal. Ct. App. 2020) Anahit Shirvanyan, a former kitchen assistant employed by the District, alleged the District failed to reasonably accommodate and/or engage in the interactive process with her based upon two injuries she had suffered (a wrist injury from carpal tunnel syndrome and a … Continue Reading

Labor Commissioner Issues New Guidance On Breaks

The California Labor Commissioner recently issued a Frequently Asked Questions (FAQ) memo regarding breaks and lactation accommodation. The FAQ memo contains no new concepts, but emphasizes the following longstanding principles: California employers must authorize and permit a net 10-minute paid rest period for every four hours worked (or major fraction thereof). To the extent practicable, … Continue Reading

Disability Discrimination Lawsuit Was Properly Dismissed

Alamillo v. BNSF Ry. Co., 2017 WL 3648514 (9th Cir. 2017) Antonio Alamillo, who worked as a locomotive engineer for BNSF, missed several calls and was suspended on at least two occasions before being terminated. Around the same time, Alamillo began to suspect he was experiencing a medical problem and was soon diagnosed with obstructive … Continue Reading

“100% Healed From Injury” Policies May Violate the CA Fair Employment and Housing Act

The California Department of Fair Employment and Housing (“DFEH”) recently obtained a settlement on behalf of a custodian for a school district who was fired after an on-the-job injury.  As part of the settlement, the employer agreed to pay $290,000 and offer reinstatement with reasonable accommodations. During an investigation by the DFEH, the district told … Continue Reading

LAPD Failed To Reasonably Accommodate Recruits Who Were Injured While Training

Atkins v. City of Los Angeles, 2017 WL 588127 (Cal. Ct. App. 2017) A jury found that the City of Los Angeles violated the rights of five recruit officers of the LAPD under the Fair Employment and Housing Act when the Department terminated or constructively discharged them after they sustained injuries during training at the … Continue Reading

Employee Who Needed To Assist Disabled Son Could Proceed With “Associational Disability Discrimination” Claim

Castro-Ramirez v. Dependable Highway Express, Inc., 246 Cal. App. 4th 180 (2016) Luis Castro-Ramirez sued his former employer, Dependable Highway Express, Inc., for “associational disability discrimination,” failure to prevent discrimination and retaliation under the California Fair Employment and Housing Act (“FEHA”) and wrongful termination. Castro-Ramirez’s son requires daily dialysis, and Castro-Ramirez must administer the treatment … Continue Reading

Employees Are Entitled To Suitable Seating If The Tasks Being Performed Reasonably Permit Seating

Kilby v. CVS Pharmacy, Inc., 63 Cal. 4th 1 (2016) In this opinion, the California Supreme Court answered three questions posed to it by the United States Court of Appeals for the Ninth Circuit involving suitable seating requirements under California law. Section 14(A) of California Wage Order No. 7-2001 states that “All working employees shall … Continue Reading

Disability Discrimination Claims Were Properly Dismissed On Summary Judgment

Nealy v. City of Santa Monica, 2015 WL 632228 (Cal. Ct. App. 2015) Tony Nealy worked as a solid waste equipment operator for the City of Santa Monica before injuring his knee in July 2003 while moving a large bin full of food waste. Nealy was temporarily totally disabled due to the injury until 2005 … Continue Reading

School Teacher With Breast Cancer Could Proceed With Disability Discrimination Lawsuit

Swanson v. Morongo Unified School Dist., 2014 WL 7399317 (Cal. Ct. App. 2014) Lauralyn Swanson was a teacher for the Yucca Valley Elementary School who was diagnosed with breast cancer and underwent a mastectomy. After the district’s board of education voted not to renew Swanson’s contract, Swanson sued for discrimination based on medical condition, denial … Continue Reading

University Professor Was Properly Terminated For Refusing Fitness-For-Duty Exam

Kao v. The University of San Francisco, 229 Cal. App. 4th 437 (2014) Dr. John S. Kao was a tenured professor at USF who submitted a 485-page complaint (plus a 41-page addendum) to the university alleging race-based discrimination and harassment at the school. Kao was not satisfied with the university’s two-page response, which he said … Continue Reading

Unpaid Interns Are Now Protected Against Discrimination and Harassment

On September 9, 2014, California Governor Jerry Brown signed A.B. 1443, which extends the state’s anti-harassment and anti-discrimination protections to unpaid interns. Employers are now prohibited from discrimination based on protected characteristics in the “selection, termination, training or other terms” of unpaid interns. A.B. 1443 also prohibits harassment of unpaid interns based on protected characteristics, … Continue Reading

California Increases Protection of Religious Expression in the Workplace

Effective January 1, 2013, California employers will be required to accommodate their employees’ religious dress and grooming practices. Governor Brown has signed into law the "Workplace Religious Freedom Act of 2012" (authored by Assemblymember Mariko Yamada (D-Davis)), which specifies that religious dress and grooming practices shall be considered a protected religious observance under the California … Continue Reading

California Increases Protection of Religious Expression in the Workplace

Effective January 1, 2013, California employers will be required to accommodate their employees’ religious dress and grooming practices. Governor Brown has signed into law the “Workplace Religious Freedom Act of 2012” (authored by Assemblymember Mariko Yamada (D-Davis)), which specifies that religious dress and grooming practices shall be considered a protected religious observance under the California … Continue Reading

Nurse’s ADA Disability Discrimination Claim Was Properly Dismissed

Samper v. Providence St. Vincent Med. Ctr., 675 F.3d 1233 (9th Cir. 2012) Monika Samper, a neo-natal intensive care unit nurse, sought an accommodation from the hospital where she was employed that would have allowed her an unspecified number of unplanned absences from work. She wanted to opt out of Providence’s attendance policy, which permitted … Continue Reading
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