We invite you to review our newly-posted May 2024 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
Employee Need Not Show “Significant Harm” Resulted From Discriminatory Transfer
Muldrow v. City of St. Louis, 601 U.S. ___, 144 S. Ct. 967 (2024)
Sergeant Jatonya Clayborn Muldrow worked as a plainclothes officer in the Intelligence Division of the St. Louis Police Department until she was reassigned to a uniformed job elsewhere in the Department and replaced with a male officer. Although Muldrow’s rank and pay remained the same, her responsibilities, perks and schedule
Terminating Sanctions Entered Against Employee Who Deleted Relevant Text Messages
Jones v. Riot Hospitality Group LLC, 2024 WL 927669 (9th Cir. 2024)
Alyssa Jones, a former waitress at a Scottsdale, Arizona bar, sued the owner of the bar and his company (Riot) for violations of Title VII and common law tort claims. After two of Jones’ coworkers testified in their depositions that they had exchanged text messages with Jones about the case, the district court
Broadway Actor’s Race Discrimination Claims Sent Back to the Underworld in the Face of Producer’s First Amendment Rights
A federal court in New York has held that a Broadway musical’s casting decisions—specifically replacing one actor with another actor of a different race—are shielded by the First Amendment from employment discrimination claims, in a decision that could have implications across the entertainment industry.
In Moore v. Hadestown Broadway LLC, the plaintiff, a Black woman, brought race discrimination and retaliation claims under federal and
July 2023 California Employment Law Notes
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 Agricultural Workers
- Exemption of Financial Professionals From ABC
Court Recognizes “Music As Harassment” While Rejecting “Equal Opportunity Harasser” Defense
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 the music because it was “[b]lasted from
The “Real Slim Shady’s” Days May Be Numbered (At Least in the Workplace)!
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 were mounted on forklifts and driven around the warehouse where
EEOC Releases Technical Document on AI and 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 Initiative and outlines considerations for incorporating automated
September 2021 California Employment Law Notes
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
- Employee Nonsolicitation Clause Does Not Violate Antitrust Law And
Ninth Circuit Rejects “Paramour Preference” Liability Arising From Supervisor’s Affair With Another Employee
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 long-term romantic relationship. After Maner’s position was eliminated based upon