Bostock v. Clayton County, 590 U.S. ___, 140 S. Ct. 1731 (2020) The question for the United States Supreme Court in this (and two companion cases) was whether Title VII of the Civil Rights Act of 1964 is violated by an employer that terminates an employee merely for being gay or transgendered. In a 6-3 … Continue Reading
On Monday, the Supreme Court issued a landmark 6-3 ruling that held that an employer that fires someone for being gay or transgender violates Title VII of the Civil Rights Act. Anthony Oncidi joins XpertHR Legal Editor David Weisenfeld to discuss the ruling’s significance, what it means for employers and what the next big workplace … Continue Reading
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
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
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
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
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
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
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
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 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
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
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
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
Ricci v. DeStefano, 557 U.S. ___, 129 S. Ct. 2658 (2009) One hundred eighteen firefighters took written examinations administered by the city of New Haven, Connecticut in order to qualify for promotion to the rank of lieutenant or captain. When the examination results showed that white candidates had outperformed minority candidates, the mayor and other … Continue Reading
Crawford v. Metropolitan Gov’t of Nashville & Davidson County, 555 U.S. 271 (2009) Vicky Crawford was interviewed during the course of an investigation into “rumors of sexual harassment” involving the Metro School District’s employee relations director, Gene Hughes. Crawford described several instances of sexually harassing behavior that Hughes allegedly directed at her; two other employees … Continue Reading
