A federal court in New York has held that a Broadway musical’s casting decisions—specifically replacing one actor with another actor of a different race—are shielded by the First Amendment from employment discrimination...more
A newly enacted, under-the-radar statute in California could undermine efforts by employers to challenge the expert opinion testimony regarding alleged emotional distress offered by employees at trial.
In many if not most...more
1/17/2024
/ Adverse Employment Action ,
Burden of Proof ,
California ,
Corporate Counsel ,
Emotional Distress Damages ,
Employment Discrimination ,
Employment Litigation ,
Expert Testimony ,
Harassment ,
New Legislation ,
Psychiatrists ,
Retaliation ,
Wrongful Termination
In Michelle Roman v. Hertz Local Edition Corp., a United States District Court Judge for the Southern District of California granted summary judgment in favor of Hertz, and against former employee Michelle Roman, whose...more
5/26/2022
/ Adverse Employment Action ,
California ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
FEHA ,
Hertz ,
Hiring & Firing ,
Infectious Diseases ,
State Labor Laws ,
Wage and Hour
Former UCLA Physician Can Proceed With Whistleblower Claims -
Scheer v. The Regents of the Univ. of Cal., 76 Cal. App. 5th 904 (2022) -
Arnold Scheer, M.D., M.P.H., sued the Regents of the University of California and...more
5/23/2022
/ Adverse Employment Action ,
Americans with Disabilities Act (ADA) ,
Anti-Retaliation Provisions ,
CAFA ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Forced Labor ,
Hiring & Firing ,
Labor Code ,
Non-Compete Agreements ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Wage and Hour ,
Whistleblower Protection Policies ,
Whistleblowers
The California Senate Labor, Public Employment and Retirement Committee recently passed Senate Bill 1044, moving the legislation one step closer to a vote by the full state senate. SB 1044 would permit employees, without...more
Doe v. Department of Corr. & Rehab., 2019 WL 6907515 (Cal. Ct. App. 2019) -
John Doe, who worked as a psychologist at Ironwood State Prison, alleged discrimination, harassment and retaliation based upon a disability; Doe...more
Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical assistant in Sutter’s Shared Services Department. Higgins-Williams reported to her treating physician that...more
Diego v. Pilgrim United Church of Christ, 231 Cal. App. 4th 913 (2014) -
Cecilia Diego, the former assistant director of Pilgrim United’s preschool, sued her former employer for retaliation in violation of public...more
Linda Ferrick, a former senior administrator for Santa Clara University, claimed the termination of her employment resulted from her reporting that her supervisor had engaged in what Ferrick believed to be commercial bribery...more
Angela Aguilar who worked in a copper mine for approximately 11 months claimed she was sexually harassed, retaliated against, subjected to intentional infliction of emotional distress and was constructively terminated from...more
1/21/2015
/ Adverse Employment Action ,
Attorney's Fees ,
Employer Liability Issues ,
Intentional Infliction of Emotional Distress ,
Mining ,
Punitive Damages ,
Rare Earth Metals ,
Retaliation ,
Sexual Harassment ,
Termination ,
Title VII
"Unauthorized Alien" Who Provided False SSN Can Proceed With Disability Discrimination Lawsuit -
Salas v. Sierra Chem. Co., 2014 WL 2883878 (Cal. S. Ct. 2014)
Vicente Salas worked on Sierra Chemical's production...more
7/15/2014
/ Adverse Employment Action ,
Age Discrimination ,
Anti-SLAPP ,
Car Accident ,
Class Action ,
Disability ,
Disability Discrimination ,
Discrimination ,
Disparate Impact ,
Employer Liability Issues ,
Independent Contractors ,
Just Compensation ,
Misclassification ,
Non-Resident Aliens ,
Popular ,
Right to Work ,
Sex Discrimination ,
Sexual Harassment ,
Statistical Sampling ,
US Bank ,
Wage and Hour ,
Workers' Compensation Defense
Employee Must Prove That Illegal Retaliation Was The "But For" Cause Of Adverse Job Action Under Title VII -
University of Tex. S.W. Med. Ctr. v. Nassar, 570 U.S. ___, 2013 WL 3155234 (2013) -
The United States...more
7/12/2013
/ Adverse Employment Action ,
But For Causation ,
CAFA ,
Class Action ,
Discrimination ,
Gender Discrimination ,
Harassment ,
Hiring & Firing ,
Misclassification ,
Over-Time ,
Race Discrimination ,
Religious Discrimination ,
Rest and Meal Break ,
Retaliation ,
SCOTUS ,
SEIU ,
Settlement ,
Sexual Harassment ,
Supervisors ,
Title VII ,
Unions ,
UT Southwestern Medical v Nassar ,
Vance v. Ball State University