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 of his attorney’s fees under the Fair Employment
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 judge or employment lawyer rather than a jury
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 identity. In addition, the regulations describe some new policies that
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 Section 132a “cannot be the basis for a tort
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 of absence (which was extended on multiple occasions) under
Salas v. Sierra Chem. Co., 2014 WL 2883878 (Cal. S. Ct. 2014)
Vicente Salas worked on Sierra Chemical’s production line, filling containers with various chemicals. At the time of his hire, Salas provided Sierra with a resident alien card and a Social Security card and signed an Employment Eligibility Verification Form (I-9 Form). After allegedly injuring his back several times and presenting doctors’ notes
On June 26, 2014, the California Supreme Court handed down Salas v. Sierra Chemical, a case at the intersection of employment and immigration law. Salas, a former employee of Sierra Chemical, filed suit alleging disability discrimination and wrongful termination. Prior to trial, Salas notified the court that he would assert a Fifth Amendment privilege to any questions regarding his immigration status. This apparently alerted Sierra
Lewis v. City of Benicia, 224 Cal. App. 4th 1519 (2014)
Brian Lewis, a heterosexual man, sued his former employer (the City of Benecia) and two former male supervisors for sexual harassment and the City for retaliation. The trial court granted summary judgment in favor of the supervisors (Steve Hickman and Rick Lantrip) and judgment on the pleadings for the City. A jury found
$150,000 Sexual Harassment Verdict And $680,000 Fee Award Affirmed
Taylor v. Nabors Drilling USA, LP, 222 Cal. App. 4th 1228 (2014)
Max Taylor worked as a floorhand on an oil rig where he alleged he was harassed by his supervisors who called him “queer,” “fagot [sic],” “homo,” and “gay porn star” and was subjected to other humiliating and harassing conduct, including simulated masturbation
As regular readers of this blog know, it has been a busy summer for employment-related legislation in the California Legislature (see here and here). Yet of all the bills currently wending their way through the legislative process, none would affect California employment law more than Senate Bill 655. If enacted, SB 655 would modify the rule set forth in the California Supreme Court’s recent