California Employment Law Update

Tag Archives: reasonable accommodation

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

Employer Not Required To Provide Workplace Seating To Grocery Cashiers

La Face v. Ralphs Grocery Co., 2022 WL 498847 (Cal. Ct. App. 2022) Jill La Face, who worked as a grocery store cashier, filed this PAGA claim against her employer, alleging that Ralphs violated an Industrial Wage Commission order that requires employers to provide suitable seating when the nature of the work reasonably permitted the … 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

School Teacher With Breast Cancer Could Proceed With Disability Discrimination Lawsuit

Swanson v. Morongo Unified School Dist., 2014 WL 7399317 (Cal. Ct. App. 2014) Lauralyn Swanson was a teacher for the Yucca Valley Elementary School who was diagnosed with breast cancer and underwent a mastectomy. After the district’s board of education voted not to renew Swanson’s contract, Swanson sued for discrimination based on medical condition, denial … Continue Reading

Police Officer Who Had Heart Attack Could Not Perform Essential Functions Of Administrative Job

Lui v. City and County of San Francisco, 211 Cal. App. 4th 962 (2012) After suffering a major heart attack, Kenneth Lui retired from his position as a police officer with the San Francisco Police Department. After the Department informed him there were no administrative positions available that did not require him to perform the … Continue Reading

California Increases Protection of Religious Expression in the Workplace

Effective January 1, 2013, California employers will be required to accommodate their employees’ religious dress and grooming practices. Governor Brown has signed into law the "Workplace Religious Freedom Act of 2012" (authored by Assemblymember Mariko Yamada (D-Davis)), which specifies that religious dress and grooming practices shall be considered a protected religious observance under the California … Continue Reading

Nurse’s ADA Disability Discrimination Claim Was Properly Dismissed

Samper v. Providence St. Vincent Med. Ctr., 675 F.3d 1233 (9th Cir. 2012) Monika Samper, a neo-natal intensive care unit nurse, sought an accommodation from the hospital where she was employed that would have allowed her an unspecified number of unplanned absences from work. She wanted to opt out of Providence’s attendance policy, which permitted … Continue Reading

Teacher With Expired Teaching Certificate Was Not “Qualified” Within The Meaning Of The ADA

Johnson v. Board of Trustees, 2011 WL 6091313 (9th Cir. 2011) Patricia Johnson, who had a history of depression and bipolar disorder, taught special education for a school district in Idaho for a decade. Before her teaching certificate expired in 2007, Johnson failed to take sufficient college courses to obtain a renewal of the certificate … Continue Reading

Employer Was Entitled To Summary Judgment In Disability Discrimination Case

Scotch v. Art Inst. of Cal.-Orange County, Inc., 173 Cal. App. 4th 986 (2009) Carmine Scotch sued his former employer, the Art Institute of California-Orange County, Inc. (“AIC”) for discrimination based on his disability (HIV), failure to make reasonable accommodation, failure to engage in the required interactive process, failure to maintain a workplace free of … Continue Reading

County Did Not Discriminate Against Employee With Rare Blood Disease

Wilson v. County of Orange, 169 Cal. App. 4th 1185 (2009) Julie Ann Wilson worked as a radio dispatcher for the Orange County Sheriff’s Department’s emergency communications system. Wilson sued the County for disability discrimination under the Fair Employment and Housing Act (“FEHA”) on the ground that it allegedly had failed to make reasonable accommodation … Continue Reading

Employee Who Reported Disability During Investigation Into His Alleged Wrongdoing Was Not Discriminated Against

Arteaga v. Brink’s, Inc., 163 Cal. App. 4th 327 (2008) Brink’s employee Carlos Arteaga was the subject of an internal investigation into various shortages totaling $7,668 that occurred while he was acting in his capacity as an ATM messenger. The investigation was conducted after one of Arteaga’s managers noticed there had been 16 shortages in … Continue Reading
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