California Employment Law Update

Tag Archives: EEOC

March 2019 California Employment Law Notes

We invite you to review our newly-posted March 2019 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Eddie Money Beats Discrimination Lawsuit Based On Free Speech Right; Former Accountant Could Proceed With Whistleblower Lawsuit; Employer Violated FCRA With Improper Background Check Notice; Fruit Growers May … Continue Reading

House Passes Appropriation Bill That Limits EEOC’s Implementation of Stringent Enforcement Guidelines Regarding Criminal Screening Policies

 The EEOC’s recent enforcement guidance regarding employers’ use of criminal histories in employment decisions (the “Guidance”) appears to have one more foe: the U.S. House of Representatives. On May 10, 2012, the House passed an appropriation bill that would prohibit the use of EEOC funds for implementing, administering, or enforcing the Guidance. This prohibition echoes … Continue Reading

EEOC Issues Final Rules on Age Discrimination Defense

On March 29, 2012, the Equal Employment Opportunity Commission ("EEOC") issued its final rule to amend its Age Discrimination in Employment Act ("ADEA") regulations concerning disparate-impact claims and the reasonable factors other than age ("RFOA") defense. … Continue Reading

Teacher/Minister’s Disability Discrimination Claim Is Barred By The First Amendment

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

U.S. Supreme Court Recognizes Third Party Retaliation Claim

Thompson v. North Am. Stainless, LP, 562 U.S. ___, 131 S. Ct. 863 (2011) Eric Thompson and his fiancée, Miriam Regalado, were both employees of North American Stainless (“NAS”). Three weeks after Regalado filed a charge with the EEOC against NAS, alleging sex discrimination, NAS fired Thompson. Thompson subsequently filed a lawsuit against NAS, claiming … Continue Reading

Employee Could Proceed With Disability Discrimination And Harassment Claims

Stiefel v. Bechtel Corp., 624 F.3d 1240 (2010) James Richard Stiefel worked for Bechtel as an ironworker at a power plant. Five weeks before he was laid off, Stiefel injured his left hand while on the job. In his lawsuit, Stiefel alleged Bechtel laid him off as part of a “medical reduction in force,” which … Continue Reading

Recent Circuit Decisions and EEOC Best Practices Highlight Caregiver Discrimination Issues

Over the last few years, caregiver discrimination has become an emerging issue in employment law. A pair of recent court decisions and the potential impact of the Lilly Ledbetter Fair Pay Act of 2009, as well as signals from the Obama Administration, in particular the Equal Employment Opportunity Commission, suggest that the issue of discrimination because … Continue Reading

Employer Is Obligated To Comply With EEOC Administrative Subpoena

EEOC v. Federal Express Corp., 543 F.3d 531 (9th Cir. 2008) Tyrone Merritt filed this putative class action on behalf of himself and similarly situated African American and Latino employees, alleging that FedEx’s Basic Skills Test had a statistically significant adverse impact on African American and Latino employees. After issuing a right-to-sue notice to Merritt … Continue Reading

Intake Questionnaire Filed With The EEOC Was A “Charge” Within The Meaning Of The ADEA

Federal Express Corp. v. Holowecki, 552 U.S. 389, 128 S. Ct. 1147 (2008) Patricia Kennedy submitted a “Form 283” (an intake questionnaire) and an accompanying affidavit to the EEOC before filing suit against Federal Express, alleging age discrimination under the Age Discrimination in Employment Act (“ADEA”). Federal Express moved to dismiss the lawsuit on the … Continue Reading

Rejected Applicant’s ADA And Title VII Claims Were Properly Dismissed

Nilsson v. City of Mesa, 503 F.3d 947 (9th Cir. 2007) Christine Nilsson applied for a position as a police officer with the City of Mesa, Arizona. In conjunction with her application, Nilsson signed a waiver of any and all claims against the police department. During the application process, Nilsson disclosed that she had been involved … Continue Reading

Discrimination, Retaliation Claims Under Title VII Were Untimely Filed

Payan v. Aramark Mgmt. Services Ltd. P’ship, 495 F.3d 1119 (9th Cir. 2007) In response to a charge of discrimination and retaliation that Martha E. Payan filed with the EEOC, the agency issued a right-to-sue letter on September 26, 2003. Payan asserted that the date she received the letter was “unknown.” However, it was undisputed that … Continue Reading
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