Michael Newman

Michael Newman

Hinshaw & Culbertson LLP

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Same Sex Harassment Is Actionable, California Court of Appeal Affirms

In Lewis v. City of Benicia, the First Appellate District affirmed once again that in California, same-sex harassment is actionable. Brian Lewis, a volunteer and later paid intern at the City of Benecia’s water...more

4/1/2014 - FEHA Sexual Harassment

Evidence of Employee Disqualification Is Relevant Regardless of When It Was Learned

In Horne v. International Union of Painters and Allied Trades District Counsel, 16, Plaintiff Raymond Horne, an African American male, applied for organizer positions within the union of which he was a member on two...more

12/10/2013 - Disqualification Evidence FEHA Racial Discrimination Unions

“Familial Status” (Whatever That Means) May Become FEHA’s Newest Protected Category Under SB 404

California employers are well aware that legislators and regulators, both on the state and federal level, have been burning the candle at both ends to generate laws, regulations, and administrative actions designed to hedge...more

11/12/2013 - Compliance Discrimination Family Members FEHA Protected Class Termination

Arbitration Clause In Collective Bargaining Agreement Doesn’t Cover Statutory Claims, Court of Appeal Rules

In Mendez v. Mid-Wilshire Health Care Center, the California Court of Appeal for the Second Appellate District held that the arbitration provision in a collective bargaining agreement governing a plaintiff’s employment did...more

10/29/2013 - Arbitration Collective Bargaining Discrimination FEHA Mandatory Arbitration Clauses Statutory Interpretation

Exhaustion Of Leave Under the Pregnancy Disability Leave Law Does Not Prevent An Employee From Making A Claim Under The FEHA,...

In Sanchez v. Swissport, the California Court of Appeal, Second Appellate District, determined that an employee who has exhausted all permissible leave available under the Pregnancy Disability Leave Law (PDLL), Gov. Code...more

2/26/2013 - Disability Disability Leave FEHA Hiring & Firing Pregnancy Pregnancy Disability Leave Law Reasonable Accommodation

California Supreme Court Splits The Baby In Mixed-Motive Employment Discrimination Case

In Wynona Harris v. City of Santa Monica, decided on February 7, 2013, the California Supreme Court addressed the following question...more

2/12/2013 - Discrimination FEHA Harris v City of Santa Monica Hiring & Firing Mixed Motive Cases Termination

No Disability Discrimination Where Employee Cannot Competently Perform Job, Ninth Circuit Holds

In Lawler v. Montblac North American LLC, the plaintiff, Cynthia Lawler, a store manager at a boutique retail store, was diagnosed with psoriatic arthritis. Lawler initiated the action after Defendant employer terminated her...more

1/15/2013 - Disability Discrimination Discrimination FEHA Harassment Hiring & Firing Intentional Infliction of Emotional Distress Retaliation Termination

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