This weekend Governor Brown signed many laws that were authored and gained traction in response to the #MeToo movement: New Restrictions On Confidentiality Of Sexual Harassment/Discrimination Settlements Senate Bill 820 prohibits confidentiality or non-disclosure provisions in settlement agreements that prevent the disclosure of factual information involving allegations of sexual misconduct – unless the party alleging … Continue Reading
Two recent verdicts from California Superior Court juries have awarded former employees $6 million and $7.9 million, respectively, in compensatory damages after a finding of wrongful termination. Martinez v. Rite Aid Corp. On March 27, 2018, a Los Angeles County Superior Court jury found Rite Aid Corporation liable for just over $6 million after deciding … Continue Reading
Clemens v. Qwest Corp., 874 F.3d 1113 (9th Cir. 2017) Arthur Clemens, Jr., sued his employer Qwest Corporation for race discrimination and retaliation in violation of Title VII. A jury awarded Clemens $157,000 for lost wages and benefits, more than $275,000 for emotional distress and $100,000 in punitive damages. The district court reduced the emotional … Continue Reading
Jameson v. Pacific Gas & Elec. Co., 16 Cal. App. 5th 901 (2017) Steve Jameson worked for PG&E for more than 26 years before his employment as a regional construction manager was terminated. Prior to the termination, PG&E retained an outside investigator who was a former PG&E staff lawyer who had investigated (personally or through … Continue Reading
Cornell v. Berkeley Tennis Club, 2017 WL 6524707 (Cal. Ct. App. 2017) Ketryn Cornell is a severely obese woman (BMI > 50) who was fired from her job as a manager and tennis court washer for the Berkeley Tennis Club. Following her termination, she sued the Club for disability discrimination, failure to accommodate her disability, … Continue Reading
This law expands the Labor Commissioner’s power to commence an investigation of an employer – with or without a retaliation complaint being filed – when retaliation by the employer against an employee is suspected during the course of adjudicating a wage claim, a field inspection or in instances of suspected immigration-related threats in violation of the Labor … Continue Reading
Ly v. County of Fresno, 2017 WL 4546059 (Cal. Ct. App. 2017) Three Laotian correctional officers were allegedly subjected to racial and national origin discrimination, harassment and retaliation by their employer, the County of Fresno. The employees filed suit in court under the FEHA while simultaneously pursuing their workers’ compensation remedies before the Workers’ Compensation … Continue Reading
Levi v. Regents of the Univ. of Cal., 15 Cal. App. 5th 892 (2017) Dr. Leah Levi, a neuro-ophthalmologist, alleged retaliation under California’s Whistleblower Protection Act (“CWPA”) against the University, her former employer. Dr. Levi alleged that her supervisor (Dr. Robert Weinreb) had a conflict of interest related to his wife’s position in the department … Continue Reading
A recent California Court of Appeal opinion reminds employers of the need to carefully monitor parallel workers’ compensation proceedings involving litigants who also have civil claims pending against the employer. Ly v. County of Fresno, 2017 WL 4546059 (Cal. Ct. App. Sept. 15, 2017). Three Laotian correctional officers filed Fair Employment and Housing Act (“FEHA”) … Continue Reading
Okorie v. Los Angeles Unified Sch. Dist., 2017 WL 3499226 (Cal. Ct. App. 2017) Dioka Okorie sued his employer, the Los Angeles Unified School District and others, alleging discrimination, harassment and retaliation. In response, the District filed an anti-SLAPP motion seeking dismissal of Okorie’s lawsuit on the ground that Okorie’s complaint was based on protected activity … Continue Reading
Light v. California Dep’t of Parks & Recreation, 14 Cal. App. 5th 75 (2017) Melony Light worked as an assistant, office technician and eventually a staff services analyst at the Ocotillo Wells District of the California Department of Parks and Recreation. Light alleged that she had been retaliated against for having been a witness in … Continue Reading
Arias v. Raimondo, 2017 WL 2676771 (9th Cir. 2017) José Arnulfo Arias worked as a milker for Angelo Dairy. The dairy did not complete and file a Form I-9 when it hired Arias. According to the appellate court, “[i]nstead of complying with federal law, the Angelos wielded it as a weapon to confine Arias in … Continue Reading
As we previously blogged, Assembly Bill 2337 (approved by the Governor last fall) will go into effect on July 1, 2017, and California employers will be required to give written notice of workplace rights that must be provided to victims of domestic violence, sexual assault, and stalking. The Labor Commissioner has just posted a form … Continue Reading
In May 2017, the California Department of Fair Employment and Housing (DFEH) approved new regulations regarding transgender identity and expression in the workplace. The regulations become effective July 1, 2017. The new rules further expand the Fair Employment and Housing Act’s (FEHA) role in preventing discrimination in employment and housing on the basis of gender … Continue Reading
Somers v. Digital Realty Trust, Inc., 850 F.3d 1045 (9th Cir. 2017) Paul Somers, who was formerly employed as a vice president of Digital Realty, alleged that he was fired after he made several reports to senior management regarding possible securities law violations. Somers did not report his concerns to the SEC. Somers sued Digital … Continue Reading
Matson v. UPS, 840 F.3d 1126 (9th Cir. 2016) Mary Matson, a member of the Teamsters Union, worked as a “combination worker” unloading and sorting packages at UPS’s Boeing Field International hub in Seattle. During her employment, Matson allegedly complained that because of her gender she was subject to unfair and demeaning treatment in the workplace. … Continue Reading
Dinslage v. City & County of San Francisco, 5 Cal. App. 5th 368 (2016) David P. Dinslage is a former employee of the Recreation and Parks Department of the City and County of San Francisco. As a result of a large-scale restructuring of the Department, Dinslage’s employment classification was eliminated and he was laid off. … Continue Reading
Wilson v. Cable News Network, Inc., 2016 WL 7217201 (Cal. Ct. App. 2016) Stanley Wilson alleged discrimination, retaliation, wrongful termination and defamation against CNN, et al., where he worked as a television producer before his employment was terminated following an audit of his work involving suspected plagiarism. Defendants answered the complaint and then filed a … Continue Reading
Existing law prohibits an employer from discharging or in any manner discriminating or retaliating against an employee who is a victim of domestic violence, sexual assault, or stalking for taking time off from work for specified purposes related to addressing the domestic violence, sexual assault, or stalking. This bill requires employers to inform each employee … Continue Reading
Bodi v. Shingle Springs Band of Miwok Indians, 2016 WL 4183518 (9th Cir. 2016) The Shingle Springs Band of Miwok Indians is a federally-recognized Indian tribe located on the Shingle Springs Rancheria in California. Beth A. Bodi, a member of the tribe, worked at the tribe’s full-service health clinic. Bodi’s employment was terminated after she … Continue Reading
Popescu v. Apple Inc., 2016 WL 3578970 (Cal. Ct. App. 2016) Dan Popescu sued Apple Inc. for damages after he was fired by his employer, Constellium Rolled Products Ravenswood, LLC. Popescu alleged that Apple took affirmative steps to convince Constellium to fire him in retaliation for his resistance to Apple’s alleged anticompetitive conduct. The trial … Continue Reading
City of Petaluma v. Superior Court, 2016 WL 3342543 (Cal. Ct. App. 2016) Andrea Waters, who worked as a firefighter and paramedic for the City of Petaluma, alleged she was harassed and discriminated against based upon her sex. Waters also claimed she suffered retaliation after she complained about the treatment. Waters took a leave of … Continue Reading
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
Arizona ex rel. Horne v. The Geo Group, 2016 WL 945634 (9th Cir. 2016) Alice Hancock was employed by Geo as a correctional officer at the Arizona State Prison. Geo contracts with the Arizona Department of Corrections to maintain and operate two facilities in the state. Hancock filed a charge of discrimination and harassment based … Continue Reading
