California Employment Law Update

Tag Archives: gender discrimination

Los Angeles Court Orders Employer To Pay Whistleblower $2.3 Million In Attorney’s Fees On Top Of $24 Million Judgment

A California judge has ordered Farmers Insurance to pay almost $2.3 million in attorney’s fees to the lawyers of a successful whistleblower/former in-house attorney who claimed his role as a potential witness in a sex bias class action got him fired. The underlying judgment in favor of the whistleblower was $24.36 million – after the … 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

Equal Pay Act Claim Should Not Have Been Dismissed

Allen v. Staples, Inc., 84 Cal. App. 5th 188 (2022) Joyce Allen worked at Staples as a field sales director (FSD) reporting to area sales vice president Bruce Trahey; FSD Charles R. Narlock also reported to Trahey.  As part of a corporate reorganization in February 2019, Trahey informed Allen and several other FSDs of his … Continue Reading

March 2022 California Employment Law Notes

We invite you to review our newly-posted March 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: California Relaxes Standard For Proving Whistleblower Claims At-Will Employee Can Proceed With Labor Code § 970 Claim Doctor Proved Age/Race/Gender Discrimination Former Owner of Company Is … Continue Reading

Doctor Proved Age/Race/Gender Discrimination

Department of Corr. & Rehab. v. State Pers. Bd., 2022 WL 354657 (Cal. Ct. App. 2022) Vickie Mabry-Height, M.D., sued the Department of Corrections and Rehabilitation, alleging discrimination on the basis of age, race and gender in violation of the California Fair Employment and Housing Act (FEHA). The State Personnel Board sustained Dr. Mabry-Height’s complaint … Continue Reading

Los Angeles Jury Hands $155 Million Holiday Gift to Fired Insurance Executive

As we recently reported, California juries continue to award massive verdicts to employees with alarming regularity.  And, just in time for the holidays, a Los Angeles Superior Court jury upped the ante on Thursday, handing a fired insurance company executive a verdict totaling $155.4 million – including $150 million in punitive damages. Plaintiff Andrew Rudnicki worked … Continue Reading

November 2018 California Employment Law Notes

We invite you to review our newly-posted November 2018 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Employee Non-Solicitation Provision Was An Unenforceable Restraint Employer Was Not Liable For Accident Involving Employee Who Was Talking On Her Cell Phone Injured Employee May Have Been … Continue Reading

Employee Who Declined Settlement Offer Was Not Entitled To Recover Attorney’s Fees

Martinez v. Eatlite One, Inc., 27 Cal. App. 5th 1181 (2018) Samantha Martinez, a sandwich maker and cashier, sued Eatlite (the owner of a Subway store) for employment discrimination in violation of public policy, gender and pregnancy discrimination, failure to provide reasonable accommodations in the workplace, violation of the California Constitution and negligent supervision and … Continue Reading

Los Angeles Jury Awards Former UCLA Oncologist $13 Million In Gender Discrimination Case

On Thurs. Feb. 15, 2018, a downtown Los Angeles jury awarded Dr. Lauren Pinter-Brown, a former UCLA oncologist, $13 million in a gender discrimination case.  Pinter-Brown alleged that she was forced to take another job after complaining about discriminatory treatment based on her gender.  (The jury rejected Pinter-Brown’s age discrimination claim.)  Among other things, Pinter-Brown claimed … Continue Reading

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

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

Handful of State “Job Killer” Bills Move On to Second House

According to reporting from the California Chamber of Commerce, several recently introduced bills have passed the California State Senate or Assembly and now move on to a vote in the second house. These bills include: Assembly Bill 1209 – requires California employers with more than 250 employees to collect data on the mean and median … Continue Reading

Union Member’s Hostile Work Environment Claim Was Not Preempted By Federal Law

Matson v. UPS, 840 F.3d 1126 (9th Cir. 2016) Mary Matson, a member of the Teamsters Union, worked as a “combination worker” unloading and sorting packages at UPS’s Boeing Field International hub in Seattle. During her employment, Matson allegedly complained that because of her gender she was subject to unfair and demeaning treatment in the workplace.  … Continue Reading

Ninth Circuit Applies Supreme Court’s “Rigorous Analysis” Test And Vacates Certification Of Class Action

Ellis v. Costco Wholesale Corp., 657 F.3d 970 (9th Cir. 2011) In this appeal, Costco challenged the district court’s order granting class certification in an action in which Costco’s promotional practices were alleged to have discriminated against female employees. The district court’s order granting class certification preceded the United States Supreme Court’s opinion in Wal-Mart … Continue Reading

Ninth Circuit Reexamines Class Certification Standards After Dukes v. Walmart

In Ellis v. Costco Wholesale Corp., 2011 U.S. App. LEXIS 19060 (9th Cir. Sept. 16, 2011), the Ninth Circuit reviewed the standards for class certification in an employment class action following the U.S. Supreme Court’s decision in Dukes v. Walmart. In Ellis,three named plaintiffs sought injunctive relief, compensatory damages, and backpay on behalf of a nationwide … Continue Reading

Class Of 1.5 Million Female Wal-Mart Employees Was Improperly Certified

Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011) The United States Supreme Court held that this class of as many as 1.5 million current and former female Wal-Mart employees was improperly certified by the lower court. The three lead plaintiffs claimed they were discriminated against on the basis of their gender and that … Continue Reading

Employee’s Lawyer Should Not Be Present During Client’s Psych Exam

Toyota v. Superior Court, 189 Cal. App. 4th 1391 (2010) Steven Braun sued Toyota Motor Sales and his supervisor Randall Bauer for gender discrimination, sexual harassment, defamation, constructive discharge and intentional and negligent infliction of emotional distress. Toyota and Bauer filed a motion to compel Braun to submit to an independent psychiatric examination, which the … Continue Reading

Ninth Circuit Affirms Certification Of Class In Wal-Mart Gender Discrimination Case

Dukes v. Wal-Mart Stores, 603 F.3d 571 (2010) (en banc) The district court certified a class encompassing all women employed by Wal-Mart at any time after December 26, 1998 who claimed gender discrimination under Title VII and who sought injunctive and declaratory relief, back pay and, in a separate opt-out class, punitive damages. Among other … Continue Reading

$1.8 Million Judgment Affirmed In Favor Of Employee Who Was Discriminated Against On The Basis Of Race And Gender

Harvey v. Sybase, Inc., 161 Cal. App. 4th 1547 (2008) Marietta Harvey was hired and supervised by Nita White-Ivy in the human resources departments of two different companies, including Sybase. When Sybase terminated Harvey, she alleged discrimination on the basis of race or gender. The jury agreed and returned a verdict in Harvey’s favor in … Continue Reading

Discrimination And Sexual Harassment Suit Properly Dismissed On Summary Judgment

Jones v. California Dep’t of Corrections and Rehabilitation, 152 Cal. App. 4th 1367 (2007) Kim C. Jones worked as a correctional officer at the R.J. Donovan Correctional Facility for approximately 16 years before experiencing alleged gender discrimination, sexual harassment, race discrimination, assault and battery and intentional and negligent infliction of emotional distress. The trial court … Continue Reading

Female Electrician Failed To Establish Gender Discrimination

Mondero v. Salt River Project, 400 F.3d 1207 (9th Cir. 2005) Sylvia Mondero sued the Salt River Project under Title VII of the Civil Rights Act of 1964, alleging gender discrimination associated with the Project’s failure to give her the opportunity to serve as an operations journeyman in an experimental program offered to several male … Continue Reading

Court Certifies Class Action Consisting Of 1.5 Million Female Wal-Mart Employees

Dukes v. Wal-Mart Stores, Inc., 222 F.R.D. 137 (N.D. Cal. 2004) (Jenkins, J.) Plaintiffs in this Title VII class-action lawsuit alleged that women employed in Wal-Mart stores are paid less than men in comparable positions, despite having higher performance ratings and greater seniority, receive fewer promotions to in-store management positions, and those who are promoted … Continue Reading

“Friends” Producers Could Not Use “Creative Necessity” As Absolute Defense To Sexual Harassment Complaint

Lyle v. Warner Bros. Television Prods., 38 Cal. App. 4th 264 (2004) The producers of the television show "Friends" hired Amaani Lyle as a writers’ assistant in June of 1999 and terminated her employment four months later based, they said, on her poor job performance and deficient typing skills. Among other things, Lyle alleged that … Continue Reading
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