We invite you to review our newly-posted July 2021 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Board of Directors Quota Law May Be Unconstitutional 2:1 Ratio of Punitive to Compensatory Damages Was Appropriate High School Football Coach’s Title VII Claim Was … Continue Reading
Kennedy v. Bremerton Sch. Dist., 991 F.3d 1004 (9th Cir. 2021) Joseph Kennedy, a high school football coach, was not rehired after he repeatedly kneeled with team members (some of whom may have felt pressured to join him) and prayed at mid-field following games. The school district warned Kennedy that his actions, which attracted media attention, … Continue Reading
We invite you to review our newly-posted July 2020 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Supreme Court Recognizes Discrimination Protection For Gay/Transgender Employees Under Title VII Dark Day For Hollywood – Law Prohibiting Online Publication Of Actors’ Ages Is Struck Down … Continue Reading
Our Lady of Guadalupe School v. Morrissey-Berru, 591 U.S. ___, 2020 WL 3808420 (2020) Agnes Morrissey-Berru and Kristen Biel worked as elementary school teachers at, respectively, Our Lady of Guadalupe School and St. James School. Following the termination of her employment, Morrissey-Berru sued her school for age discrimination under the ADEA; following the termination of … Continue Reading
Sumner v. Simpson Univ., 27 Cal. App. 5th 577 (2018) Sarah Sumner was the dean of the A.W. Tozer Theological Seminary and was employed pursuant to a written employment agreement. Her employment was terminated by Robin Dummer in his capacity as acting provost of the university on the ground that Sumner had been insubordinate. Sumner … Continue Reading
AB 987 prohibits an employer from retaliating or otherwise discriminating against a person for requesting accommodation of his or her disability or religious beliefs, regardless of whether the accommodation request was granted.… Continue Reading
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
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
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
Headley v. Church of Scientology Int’l, 687 F.3d 1173 (9th Cir. 2012) Marc and Claire Headley were ministers in the Sea Organization (“Sea Org”), which is an elite religious order of the Church of Scientology. The Sea Org demands much of its ministerial members, renders strict discipline, imposes stringent ethical and lifestyle constraints and goes … Continue Reading
Rehmani v. Superior Court, 204 Cal. App. 4th 945 (2012) Mustafa Rehmani, a Muslim born in Pakistan, worked as a system test engineer for Ericsson Inc. before his employment was terminated in 2009. Among other things, Rehmani alleged that three of his coworkers (Amit Patel, Aneel Choppa and Ashit Ghevaria) and Ericsson harassed him based … Continue Reading
Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC, 565 U.S. ___, 132 S. Ct. 680 (2012) Cheryl Perich was a “called” teacher for the church and also had the formal title of “Minister of Religion, Commissioned.” After Perich developed narcolepsy, the church replaced her with a lay teacher and eventually terminated her employment for “insubordination … Continue Reading
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 … Continue Reading
Rosas v. Corporation of the Catholic Archbishop, 627 F.3d 1288 (2010) (en banc) Cesar Rosas and Jesus Alcazar were Catholic seminarians who sued the Corporation of the Catholic Archbishop for, among other things, failure to pay them overtime wages under Washington state law. Based on the ministerial exception, the district court dismissed the case on the … Continue Reading
Rosas v. The Corporation of the Catholic Archbishop of Seattle, 598 F.3d 668 (9th Cir. 2010) Cesar Rosas and Jesus Alcazar were Catholic seminarians who sued the Corporation of the Catholic Archbishop for, among other things, failure to pay them overtime wages under Washington state law. Based on the ministerial exception, the district court dismissed … Continue Reading
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