California Employment Law Update

Tag Archives: retaliation for lawsuit

U.S. Supreme Court Recognizes Third Party Retaliation Claim

Thompson v. North Am. Stainless, LP, 562 U.S. ___, 131 S. Ct. 863 (2011) Eric Thompson and his fiancée, Miriam Regalado, were both employees of North American Stainless (“NAS”). Three weeks after Regalado filed a charge with the EEOC against NAS, alleging sex discrimination, NAS fired Thompson. Thompson subsequently filed a lawsuit against NAS, claiming … Continue Reading

DWP Employee’s Retaliation Claim For Opposing Discrimination Should Not Have Been Dismissed

Taylor v. City of Los Angeles, 144 Cal. App. 4th 1216 (2006) Eric Taylor, an electrical engineer employed by the Los Angeles Department of Water and Power, alleged that he suffered from multiple acts of retaliation by his supervisor (Bruce Hamer) after Taylor acted as a “supporting and material witness” on behalf of a former … Continue Reading

Employee Failed To Establish Retaliation For Filing Race Discrimination Complaint

McRae v. Dep’t of Corrections, 142 Cal. App. 4th 377 (2006) Dr. Margie McRae filed a lawsuit against her employer, the California Department of Corrections, and four individual defendants, seeking damages for discrimination and retaliation in violation of the Fair Employment and Housing Act (FEHA). The trial court granted summary judgment to the four individual … Continue Reading

Employee Who Quit After Refusing To Fire Co-Worker Could Proceed With Retaliation Claim

Yanowitz v. L’Oréal USA, Inc., 36 Cal. 4th 1028 (2005) Elysa Yanowitz, a regional sales manager for L’Oréal USA, Inc., alleged that after refusing to carry out an order from a male supervisor to terminate the employment of a female sales associate who was not sufficiently sexually attractive, Yanowitz was subjected to hostile adverse treatment, … Continue Reading

Employee Who Resigned Had Not Been Subjected To Retaliation

Pinero v. Specialty Restaurants Corp., 130 Cal. App. 4th 635 (2005) Alberto Pinero, the former General Manager of the Castaways Restaurant (owned by Specialty Restaurants Corporation (SRC)), sued SRC for retaliation in violation of the Fair Employment and Housing Act that allegedly resulted from Pinero’s filing an age discrimination lawsuit against his former employer and … Continue Reading

Employer Did Not Violate Public Policy By Terminating Employee For Filing Lawsuit Against Third Party

Jersey v. John Muir Med. Ctr., 97 Cal. App. 4th 814 (2002) Ester Jersey was employed as a nursing assistant and technician at a hospital when she was injured by a patient in the rehabilitation unit who was suffering from head trauma. Less than one year later, Jersey filed a personal injury action against the … Continue Reading

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