California Employment Law Update

Category Archives: Title VII

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July 2023 California Employment Law Notes

By Tony Oncidi on Posted in ABC Test, Cal. Lab. Code § 1102.5(b), California Division of Labor Standards Enforcement, California Labor & Employment Law, California Labor Code, California Labor Code Section 2810, California Supreme Court, Class Actions, Disability, Discrimination, Employment Law Notes, FAA, Immigration, Independent Contractors, PAGA, Retaliation, Title VII, U.S. Supreme Court, Wage and Hour, Wage Statements, Whistleblowers, Workplace Safety, Wrongful Termination
We invite you to review our newly-posted July 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Enforcement of PAGA Carve Out Suggests Need For New Revisions To Arbitration Agreements PAGA Debt Not Dischargeable in Bankruptcy Distributors Not Liable For Unpaid Wages Of … Continue Reading

Court Recognizes “Music As Harassment” While Rejecting “Equal Opportunity Harasser” Defense

By Tony Oncidi on Posted in California Labor & Employment Law, Harassment, Title VII
Sharp v. S&S Activewear, LLC, 69 F.4th 974 (9th Cir. 2023) Fed up with hearing “very offensive” songs like Eminem’s “Stan” and Too $hort’s “B*job Betty” on the job, Stephanie Sharp and several other employees (including one male) filed a hostile work environment claim against their employer under Title VII.  Plaintiffs claimed they could not escape … Continue Reading

The “Real Slim Shady’s” Days May Be Numbered (At Least in the Workplace)!

By Tony Oncidi and Ryan McGill on Posted in Discrimination, Entertainment Industry, Harassment, Sexual Harassment, Title VII
Fed up with hearing “very offensive” songs like Eminem’s “Stan” and Too $hort’s “B*job Betty” on the job, Stephanie Sharp and several other employees (including a male) filed a hostile work environment claim under Title VII against their employer.  Plaintiffs claimed they could not escape the music because it was “[b]lasted from commercial-strength speakers” that … Continue Reading

EEOC Releases Technical Document on AI and Title VII

By Joseph O’Keefe and Shanice Z. Smith-Banks on Posted in Artificial Intelligence, EEOC, Title VII
On Thursday May 18, 2023, the Equal Employment Opportunity Commission (“EEOC”) released a new technical assistance document titled Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection Procedures Under Title VII of the Civil Rights Act of 1964. The document was released as a part of the EEOC’s Artificial Intelligence and Algorithmic Fairness … Continue Reading

September 2021 California Employment Law Notes

By Tony Oncidi on Posted in Age discrimination, Anti-SLAPP, Bonus Compensation, California Labor & Employment Law, California Labor Code, Class Actions, Discrimination, FEHA, FLSA, Insurance, Jurisdiction, Meal Periods and Rest Breaks, Minimum Wage, Non-Competition Covenants, PAGA, Retaliation, Settlement, Sherman Antitrust Act, Title VII, Whistleblowers, Workers Compensation, Workplace Safety
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

Ninth Circuit Rejects “Paramour Preference” Liability Arising From Supervisor’s Affair With Another Employee

By Tony Oncidi on Posted in Discrimination, Title VII
Maner v. Dignity Health, ___ F.4th ___, 2021 WL 3699780 (9th Cir. 2021) William “Bo” Maner worked as a biomedical design engineer in the obstetric and gynecological laboratory of Dr. Robert Garfield for several decades. Shortly after he joined the lab, Maner learned that Garfield and another researcher (Dr. Leili Shi) were engaged in a … Continue Reading

July 2021 California Employment Law Notes

By Tony Oncidi on Posted in Anti-SLAPP, California Labor & Employment Law, Class Actions, Computer Fraud and Abuse Act, Disability, Discrimination, Diversity and Inclusion, Harassment, Independent Contractors, Jury verdicts, Meal Periods and Rest Breaks, Religion, Title VII, Wrongful Termination
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

High School Football Coach’s Title VII Claim Was Properly Dismissed

By Tony Oncidi on Posted in Religion, Title VII
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

January 2021 California Employment Law Notes

By Tony Oncidi on Posted in Age discrimination, Breach of Contract, Class Actions, Disability, EEOC, FMLA, Meal Periods and Rest Breaks, Minimum Wage, Overtime, PAGA, Payroll, Pro Hac Vice, Reasonable Accommodation, Sexual Harassment, Title VII, Wage and Hour
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

Bank Employee Who Was Harassed By A Customer Can Proceed With Sexual Harassment Claim

By Tony Oncidi on Posted in Sexual Harassment, Title VII
Christian v. Umpqua Bank, 2020 WL 7777882 (9th Cir. 2020) Jennifer Christian, a former employee of Umpqua Bank, alleged she was sexually harassed by one of the bank’s customers in violation of Title VII and Washington state law.  Among other things, the customer dropped off “small notes” stating that Christian was the “most beautiful girl … Continue Reading

May 2019 California Employment Law Notes

By Tony Oncidi on Posted in ADA, California Labor & Employment Law, Discrimination, Employee Benefits, FEHA, Independent Contractors, Title VII, Wrongful Termination
We invite you to review our newly-posted May 2019 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Strict Independent Contractor Test Applies Retroactively; California Employee Is Compelled To Litigate His Employment Claims In Indiana; Employee Could Rely Upon Former Supervisor’s Statement About Existence Of Discrimination; … Continue Reading

Employee Could Rely Upon Former Supervisor’s Statement About Existence Of Discrimination

By Tony Oncidi on Posted in California Labor & Employment Law, Title VII, Wrongful Termination
Weil v. Citizens Telecom Servs. Co., 2019 WL 1891796 (9th Cir. 2019) David Weil sued Citizens Telecom Services for wrongful termination and discriminatory failure to promote under Title VII and related statutes. In support of his failure-to-promote claim, Weil testified in his deposition that his former supervisor (identified in the opinion as “L.H.”) told him … Continue Reading

Former Employee’s Claims Against The Salvation Army Were Properly Dismissed

By Tony Oncidi on Posted in ADA, California Labor & Employment Law, Disability, Title VII
Garcia v. Salvation Army, 918 F.3d 997 (9th Cir. 2019) Ann Garcia worked as social services coordinator for the Salvation Army but “left the Church” and stopped attending religious services there a few years before taking a lengthy medical leave of absence due to fibromyalgia and eventually being fired for failing to report to work … Continue Reading

Trial Court Abused Its Discretion In Refusing To Compel Employer To Produce Data Sought By EEOC

By Tony Oncidi on Posted in California Labor & Employment Law, Discrimination, Leaves of Absence, Pregnancy Leave, Title VII
EEOC v. McLane Co., 857 F.3d 813 (9th Cir. 2017) Damiana Ochoa filed a charge with the EEOC alleging sex discrimination (based on pregnancy) in violation of Title VII, when, after she tried to return to her job following maternity leave, her employer (McLane Co.) informed her that she could not come back to the … Continue Reading

Trial Court’s Decision Quashing EEOC Subpoena Should Not Be Reversed Absent Abuse Of Discretion

By Tony Oncidi on Posted in California Labor & Employment Law, Discrimination, Pregnancy Leave, Title VII
McLane Co. v. EEOC, 581 U.S. ___, 137 S. Ct. 1159 (2017) Damiana Ochoa filed a charge with the EEOC alleging sex discrimination (based on pregnancy) in violation of Title VII, when, after s­­he tried to return to her job following maternity leave, her employer (McLane Co.) informed her that she could not come back … Continue Reading

Race Discrimination Claim Was Not Barred By Statute Of Limitations

By Tony Oncidi on Posted in California Labor & Employment Law, Discrimination, EEOC, FEHA, Title VII
Mitchell v. California Dep’t of Public Health, 1 Cal. App. 5th 1000 (2016) Reginald Mitchell sued his former employer, the California Department of Public Health, for racial discrimination in violation of the Fair Employment and Housing Act (“FEHA”). The trial court sustained the employer’s demurrer based upon the statute of limitations, but the Court of … Continue Reading

Statute Of Limitations For Constructive Discharge Claim Began To Run After Employee’s Resignation Date

By Tony Oncidi on Posted in California Labor & Employment Law, Constructive Discharge, Discrimination, Public Employment, Supreme Court, Title VII
Green v. Brennan, 578 U.S. ___, 136 S. Ct. 1769 (2016) Marvin Green alleged racial discrimination under Title VII of the Civil Rights Act, claiming he was denied a promotion because he is black; his supervisors had accused Green of the crime of intentionally delaying the mail. In an agreement between the parties dated December … Continue Reading

Employer Is Entitled To Recover $4 Million In Attorney’s Fees From EEOC

By Tony Oncidi on Posted in Attorney's Fees, California Labor & Employment Law, Harassment, Sexual Harassment, Title VII, Uncategorized
CRST Van Expedited, Inc. v. EEOC, 578 U.S. ___, 136 S. Ct. 1642 (2016) The EEOC filed suit against CRST (a trucking company) alleging that over 250 female employees and prospective employees had been subjected to sexual harassment. However, the district court dismissed all of the claims on various grounds, including that the EEOC had … Continue Reading

EEOC Is Entitled To More Information From Employer In Connection With Sex Discrimination Case­

By Tony Oncidi on Posted in Discrimination, Title VII, Uncategorized
EEOC v. McLane Co., 2015 WL 6457965 (9th Cir. 2015) Damiana Ochoa filed a charge with the EEOC alleging sex discrimination (based on pregnancy) in violation of Title VII, when, after s­­he tried to return to her job following maternity leave, her employer (McLane Co.) informed her that she could not come back to the … Continue Reading

Federal Court Has No Jurisdiction Over Title VII/ADEA Claims For Conduct That Occurred In The Netherlands

By Tony Oncidi on Posted in ADEA, Title VII
Ranza v. Nike, Inc., 2015 WL 4282986 (9th Cir. 2015) Loredana Ranza sued her former employer, Nike European Operations Netherlands, B.V. (“NEON”), and NEON’s parent company, Nike, Inc., which is headquartered in Oregon, in federal court in Oregon. All of the alleged discriminatory conduct (involving sex and age discrimination) occurred in the Netherlands. The district … Continue Reading

$300,000 In Punitive Damages Upheld In Sexual Harassment Case Despite Nominal Damages Award

By Tony Oncidi on Posted in Sexual Harassment, Title VII
State of Arizona v. ASARCO LLC, 2014 WL 6918577 (9th Cir. 2014) (en banc) Angela Aguilar who worked in a copper mine for approximately 11 months claimed she was sexually harassed, retaliated against, subjected to intentional infliction of emotional distress and was constructively terminated from her employment. After an eight-day trial, the jury found ASARCO … Continue Reading

Male Deputies Prohibited From Supervising Female Inmates Could Proceed With Sex Discrimination Case (Is Orange the New Black?)

By Tony Oncidi on Posted in Discrimination, Title VII, Workplace Safety
Ambat v. City & County of San Francisco, 2014 WL 2959634 (9th Cir. 2014) The plaintiffs in this case are current and former deputies of the San Francisco Sheriff’s Department (“SFSD”) who challenged the SFSD’s policy prohibiting male deputies from supervising female inmates. The deputies contend that the policy violates Title VII’s prohibition against sex … Continue Reading
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