California Employment Law Update

Tag Archives: racial discrimination

No-Employment Provision In Settlement Agreement Is An Unenforceable Restraint 

Golden v. California Emergency Physicians Med. Group, 896 F.3d 1018 (9th Cir. 2018) Donald Golden, M.D. is an emergency-room doctor formerly affiliated with the California Emergency Physicians Medical Group (“CEP”), a large consortium of over 1,000 physicians that manages or staffs many emergency rooms in California and other western states. Dr. Golden sued CEP for … Continue Reading

“Me Too” Evidence Was Relevant to and Admissible in Discrimination Lawsuit

Pantoja v. Anton, 198 Cal. App. 4th 87 (2011) Lorraine Pantoja sued attorney Thomas J. Anton and his firm for wrongful termination, violation of the Fair Employment and Housing Act (“FEHA”), battery, sexual battery and intentional infliction of emotional distress. By the time of the trial, only the FEHA claims remained. In their motions in … Continue Reading

Engineer Of Iranian Descent Can Proceed With Race And National Origin Discrimination Claims

Zeinali v. Raytheon Co., 636 F.3d 544 (9th Cir. 2011) Hossein Zeinali, who is of Iranian descent, sued Raytheon for race and national origin discrimination under the Fair Employment and Housing Act when it terminated his employment after he was denied a security clearance by the Department of Defense. The district court granted summary judgment … Continue Reading

Major League Baseball Did Not Violate Title VII By Providing Benefits To Former Negro League Players

Moran v. Selig, 447 F.3d 748 (9th Cir. 2006) Seeking to make partial amends for its exclusion of African-American baseball players prior to 1947 (when Jackie Robinson “broke the color barrier”), MLB voluntarily decided to provide certain benefits, including medical coverage and a supplemental income plan, to qualifying African-Americans players who had been in the … Continue Reading

Plant Manager’s Use Of The Word “Boy” May Have Been Evidence Of Racial Discrimination

Ash v. Tyson Foods, Inc., 546 U.S. 454, 126 S. Ct. 1195 (2006) (per curiam) Anthony Ash and John Hithon, two African-American poultry plant superintendents, unsuccessfully sought promotion to shift manager positions; instead, two white males were selected. The employer filed a motion for judgment as a matter of law after a jury found in … Continue Reading

The Federal Fair Housing Act Does Not Create Liability For Owner Of Real Estate Corporation

Meyer v. Holley, 537 U.S. 280, 123 S. Ct. 824 (2003) Ellen and David Holley, an interracial couple, sued Triad, Inc., a Triad employee and David Meyer (Triad’s owner) for violation of the federal Fair Housing Act (“FHA”) after the Triad employee allegedly prevented the Holleys from buying a house in Twenty-Nine Palms, California for … Continue Reading

Employee Who Suffered Psychiatric Injury From Workplace Investigation Is Not Entitled To Workers’ Comp Benefits

Northrop Grumman Corp. v. WCAB, 103 Cal. App. 4th 1021 (2002) Robert C. Graves filed a workers’ compensation claim for psychiatric injuries he allegedly sustained following an investigation into his alleged racial discrimination against a subordinate employee whom he supervised at Northrop Grumman. The workers’ compensation judge (and the WCAB) found that the psychiatric injury … Continue Reading
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