Tag Archives: FEHA

Fire Chief Was Terminated For Misconduct Not Because Of His Religion

Hittle v. City of Stockton, 76 F.4th 877 (9th Cir. 2023) Ronald Hittle served as the City’s Fire Chief before he was fired (following an investigation by an outside investigator) because he lacked effectiveness and judgment in his ongoing leadership of the Fire Department; used City time and a City vehicle to attend a religious … Continue Reading

Business Entity Agents Of Employer Share Potential FEHA Liability

By Tony Oncidi on September 19, 2023 Posted in California Supreme Court, Class Actions, Court of Appeal, Employment Policies, FEHA, Independent Contractors, Pre-Employment Medical Examinations, Third Party Liability, Uncategorized

Raines v. U.S. Healthworks Med. Group, 2023 WL 5341067 (Cal. S. Ct. 2023) The Ninth Circuit certified to the California Supreme Court the question of whether FEHA’s definition of “employer” extends to corporate agents of the employer such as a company that conducts preemployment medical screenings. In this putative class action, plaintiffs allege that their … Continue Reading

Arbitrator Correctly Enforced Release Agreement Executed By Employee

By Tony Oncidi on September 19, 2023 Posted in Age discrimination, Discrimination, FEHA, Release Agreements, Uncategorized, Wrongful Termination

Castelo v. Xceed Fin. Credit Union, 91 Cal. App. 5th 777 (2023) Elizabeth Castelo sued her former employer Xceed Financial Credit Union for wrongful termination and age discrimination in violation of FEHA. After the parties stipulated to binding arbitration, the arbitrator granted summary judgment to Xceed based on a release that Castelo signed after she … Continue Reading

September 2023 California Employment Law Notes

By Tony Oncidi on September 19, 2023 Posted in appellate court, base compensation, California Department of Corrections and Rehabilitation, California Labor and Workforce Development Agency, Court of Appeals, Employment Law Notes, Labor Code Section 4553, Liability for Employee’s Actions Outside the Workplace, Off-the-clock Issues, permanent disability, Reasonable Accomodation, reconsideration

We invite you to review our newly-posted September 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Employers Owe No Duty Of Care To Prevent The Spread Of COVID To Employees’ Household Members School District Employer Did Not Violate The Law By Requiring … Continue Reading

California Expands FEHA Liability to Include “Institutional Agents” of Employers

By Tony Oncidi, Joseph O’Keefe and David Gobel on August 29, 2023 Posted in California Labor & Employment Law, FEHA, News, Third Party Liability

California’s Fair Employment and Housing Act (FEHA) is already one of the most employee-friendly state civil rights laws in the country. Until now, it was not clear whether employees could sue not only their direct employers for discrimination and harassment, but also other independent businesses that work on behalf on their employers. In Raines v. … Continue Reading

California Concludes It’s Been Too Hard On Employers, Offers Apology (Nah, Just Kidding!)—A New Raft Of “Job-Killer” Bills Is Heading This Way!

By Tony Oncidi, Ariel Brotman and Morgan Peterson on April 11, 2023 Posted in California Labor & Employment Law, California Labor Code, New and Proposed Laws and Legislation

Spring in California can only mean one thing, and no, it’s not Coachella, Dodgers games or even the return of the swallows to San Juan Capistrano—it’s the annual release of the California Chamber of Commerce’s list of “Job Killer Bills.” Once again, this list proves that former California Governor Jerry Brown had it right when … Continue Reading

March 2023 California Employment Law Notes

We invite you to review our newly-posted March 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: No Claim By Employee Who Was Friends With Alleged Harasser Pregnancy Discrimination Lawsuit Was Properly Dismissed Employer That Failed To Layoff Employee Before She Became … Continue Reading

Pregnancy Discrimination Lawsuit Was Properly Dismissed

By Tony Oncidi on March 31, 2023 Posted in Disability, Discrimination, FEHA, Harassment, Pregnancy Leave, Reasonable Accommodation, Wrongful Termination

Lopez v. La Casa de Las Madres, 2023 WL 2534998 (Cal. Ct. App. 2023) Gabriela Lopez worked as shelter manager for a non-profit organization that provides services to women and children who are victims of domestic violence. In September 2016, Lopez gave birth to a child; by December 17, 2016, Lopez had received the full … Continue Reading

No Claim By Employee Who Was Friends With Alleged Harasser

By Tony Oncidi on March 31, 2023 Posted in Constructive Discharge, FEHA, Retaliation, Sexual Harassment

Atalla v. Rite Aid Corp., 2023 WL 2521909 (Cal. Ct. App. 2023) Hanin Atalla and Erik Lund had a social relationship and became “close friends” before Atalla began working at Rite Aid where Lund worked as a district manager/district leader. Atalla and her husband socialized with Lund and his wife, and Atalla and Lund exchanged … Continue Reading

California’s Civil Rights Department Adds More Detail to Regulations Regarding Consideration of Applicants’ Criminal History

By Philippe A. Lebel and Michelle Lappen on December 29, 2022 Posted in Background Investigations, California Labor & Employment Law, FEHA, Hiring

In the weeks and months since it changed its name from the Department of Fair Employment and Housing to the California Civil Rights Department (“CRD”), the agency has been busy. Most recently, the CRD released proposed modifications to the regulations under the Fair Employment and Housing Act (“FEHA”) related to the use and consideration of … Continue Reading

November 2022 California Employment Law Notes

We invite you to review our newly-posted November 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Equal Pay Act Claim Should Not Have Been Dismissed Whistleblower Claim Should Not Have Been Dismissed In Part School District Employee May Have Been Discriminated … Continue Reading

School District Employee May Have Been Discriminated Against On The Basis Of A Disability

By Tony Oncidi on November 23, 2022 Posted in Disability, Discrimination, Employment Applications, FEHA, Reasonable Accommodation, Retaliation

Price v. Victor Valley Union High Sch. Dist., 2022 WL 16845113 (Cal. Ct. App. 2022) La Vonya Price worked as a part-time substitute special education aide at the Victor Valley Unified School District before applying for a full-time position. Although she received an offer for a full-time position, it was contingent upon her passing a … Continue Reading

Employee with Mild Symptoms of COVID-19 Was Not “Disabled” Under California Law

By Tony Oncidi and Wesley C. Shelton on May 25, 2022 Posted in California Labor & Employment Law, Coronavirus, COVID-19, Disability, FEHA

In Michelle Roman v. Hertz Local Edition Corp., a United States District Court Judge for the Southern District of California granted summary judgment in favor of Hertz, and against former employee Michelle Roman, whose employment was terminated after she contracted COVID. Roman claimed that her job should have been protected by the California Fair Employment … Continue Reading

May 2019 California Employment Law Notes

By Tony Oncidi on May 16, 2019 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

March 2019 California Employment Law Notes

By Tony Oncidi on March 22, 2019 Posted in Background Investigations, California Labor & Employment Law, California Labor Code, Class Actions, EEOC, Employment Law Notes, FEHA, Independent Contractors, On-call, Overtime, PAGA, Tax, Wage and Hour, Wage Statements

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

January 2019 California Employment Law Notes

By Tony Oncidi on January 7, 2019 Posted in ADA, California Labor & Employment Law, Class Actions, Employment Law Notes, FEHA, Meal Periods and Rest Breaks, PAGA, Unfair Competition, Wage and Hour

We invite you to review our newly-posted January 2019 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: School Teacher’s ADA Claim Against Catholic School Was Not Barred By “Ministerial Exception” City Attorney Should Not Have Been Disqualified From Representing City Prevailing Employer Should Not Have … Continue Reading

Former Librarian’s Discrimination Claims Were Barred On Various Legal Grounds

By Tony Oncidi on July 11, 2018 Posted in California Labor & Employment Law, Employment Law Notes, Wrongful Termination

Wassmann v. South Orange County Cmty. Coll. Dist., 2018 WL 3063946 (Cal. Ct. App. 2018) Carol Wassmann challenged her dismissal from employment as a tenured librarian at Irvine Valley College in a five-day administrative proceeding brought pursuant to the Education Code. The administrative law judge determined there was cause to terminate Wassmann’s employment, and the … Continue Reading

California Legislature Mulls New Package Of “Job Killer” Bills

By Tony Oncidi and Nayirie K. Mehdikhani on April 25, 2018 Posted in California Labor & Employment Law, New and Proposed Laws and Legislation, Uncategorized

By Anthony J. Oncidi and Nayirie Kuyumjian The California Chamber of Commerce has just identified a new raft of recently introduced “job killer” bills that have been proposed in the California Legislature. This year’s list of 27 proposed laws includes measures that would impose additional penalties for an employer’s failure to pay wages; increase the … Continue Reading

$48,000 Judgment Affirmed In Favor Of Former Parks & Recreation Employee

By Tony Oncidi on March 19, 2018 Posted in California Labor & Employment Law, FEHA, Sexual Harassment, Sexual orientation discrimination, Uncategorized

Hurley v. California Dep’t of Parks & Recreation, 2018 WL 989506 (Cal. Ct. App. 2018) Delane Hurley worked as a staff services analyst who sued her employer, the Department of Parks & Recreation (“DPR”), and her former supervisor Leda Seals for harassment based on sex and sexual orientation in violation of the Fair Employment and … Continue Reading

Unsuccessful Disability Discrimination Plaintiff Is Not Entitled To Attorney’s Fees

By Tony Oncidi on March 19, 2018 Posted in Attorney's Fees, California Labor & Employment Law, Disability, FEHA

Bustos v. Global P.E.T., Inc., 19 Cal. App. 5th 558 (2017) William Bustos sued his former employer for disability discrimination. A jury determined that Bustos’ actual or perceived physical condition was a substantial motivating reason for his termination, but nevertheless returned defense verdicts on all of his claims. After the trial, Bustos sought an award … Continue Reading

It’s Time to Think About Arbitration Agreements Again Following Recent $15 Million+ Employee Verdicts

By Tony Oncidi on September 2, 2017 Posted in Arbitration Agreements, Attorney's Fees, California Labor & Employment Law, Class Actions, Client Alerts, Disability, Discrimination, Employment Policies, Settlement

Jury panels in the Los Angeles Superior Court (which is often referred to as “The Bank” by the plaintiffs’ bar) have recently delivered multimillion-dollar verdicts to former-employee plaintiffs. Many employers doing business in California already have insulated themselves from such disasters by adopting comprehensive arbitration regimes, which would require that such cases be heard by a retired … Continue Reading

New Transgender Identity and Expression Regulations (July 1, 2017)

By Tony Oncidi and Pietro Deserio on June 22, 2017 Posted in California Labor & Employment Law, Discrimination, Employee Handbooks, Employment Policies, FEHA, New and Proposed Laws and Legislation, Retaliation

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

Employee Could Proceed With Wrongful Termination Claim Based Upon Work-Related Injury

By Tony Oncidi on January 20, 2016 Posted in Disability, FEHA, Labor Code § 132, Wrongful Termination

Prue v. Brady Co./San Diego, Inc., 196 Cal. Rptr. 3d 68 (Cal. Ct. App. 2015) Adam Prue alleged wrongful termination of his employment based upon a work related injury, which violated the public policy set forth in Labor Code § 132a. The trial court granted the employer’s motion for summary judgment on the grounds that … Continue Reading

Employee Who Was Working Elsewhere During Medical Leave Of Absence Was Properly Terminated

By Tony Oncidi on March 6, 2015 Posted in Leaves of Absence

Richey v. AutoNation, Inc., 182 Cal. Rptr. 3d 644 (Cal. S. Ct. 2015) Avery Richey worked for Power Toyota Cerritos, part of the AutoNation consortium of automobile dealerships, for approximately four years before allegedly injuring his back while moving furniture at his home. Following the injury, Richey applied for and was granted a medical leave … Continue Reading

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