News & Analysis as of

Disability Discrimination Hiring & Firing California Fair Employment and Housing Act

Seyfarth Shaw LLP

The Art of Defending (or Lodging) a Failure to Accommodate Claim: A Lesson on The Rehabilitation Act

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Seyfarth Synopsis: The Tenth Circuit further clarifies The Rehabilitation Act while making it even harder to get rid of failure to accommodate claims at the summary judgment stage; FEHA and ADA implications may follow....more

Seyfarth Shaw LLP

Court Provides Guidance Regarding Employer Vaccine Mandates

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Seyfarth Synopsis: In a published decision, a California Court of Appeal has ruled that a hospital’s decision to terminate an employee for failing to comply with its flu vaccine mandate did not violate California’s Fair...more

Proskauer - California Employment Law

Employee with Mild Symptoms of COVID-19 Was Not “Disabled” Under California Law

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

Proskauer - California Employment Law

California Jury Awards Employees $7.6 Million in Latest Gargantuan Wrongful Termination Verdict

A Los Angeles jury has ordered an apartment building owner and property management company to pay $7.6 million to two former live-in apartment managers who claimed to have been wrongfully terminated and discriminated against...more

Proskauer - California Employment Law

Federal Court in California Greenlights Drug Testing of Job Applicants

A U.S. District Court recently dismissed the lawsuit of a former employee who claimed disability discrimination after he was terminated for testing positive for marijuana in a pre-employment drug test.  Espindola v. Wismettac...more

Jackson Lewis P.C.

California Court Upholds Employer’s Refusal To Hire Applicant Who Failed Pre-Employment Drug Test Due To Medical Marijuana Use

Jackson Lewis P.C. on

A federal court in California dismissed the disability discrimination claims of a job applicant who failed a pre-employment drug test due to medical marijuana use, holding that he did not sufficiently prove that he was...more

Proskauer - California Employment Law

California Employment Law Notes - March 2021

Trial Court Properly Dismissed Employee’s CFRA And Disability Discrimination Claims - Choochagi v. Barracuda Networks, Inc., 60 Cal. App. 5th 444 (2021) - George Choochagi worked as a technical support manager for...more

Lewitt Hackman

Unlawful, or Just Mean? California Appellate Court Decides Discrimination Case

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People with disabilities have legal protections under both federal and state law. California’s Fair Employment and Housing Act (FEHA) prohibits an employer from taking adverse actions against a person because of a person’s...more

Payne & Fears

Key California Employment Law Cases: November 2019

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Carroll v. City & Cnty. of S.F., 41 Cal. App. 5th 805, 254 Cal. Rptr. 3d 519 (2019) - Summary:  Each alleged reduction of monthly disability retirement benefit payments for discriminatory reasons was continuing violation...more

Weintraub Tobin

Even Unintentional Disability Discrimination Is Actionable In California

Weintraub Tobin on

In a decision that may lead employers to feel a little less gratified on Thanksgiving Day, a California appellate court determined last week that “even a legitimate company policy, if mistakenly applied,” can lead to...more

Payne & Fears

Key California Employment Law Cases: June 2019

Payne & Fears on

This month's key California employment law cases involve EEOC charges, disability discrimination, and meal breaks....more

Stoel Rives - World of Employment

Ninth Circuit Requires Proof of “But For” Causation for Claims Under Americans with Disabilities Act

On August 20, the Ninth Circuit Court of Appeals in a case entitled Murray v. Mayo Clinic, joined four other Circuit Courts of Appeal in holding that a “but for” causation standard applies in ADA discrimination claims. This...more

Fox Rothschild LLP

Website Accessibility: Make Sure Your Website And Job Application Portal Is Accessible

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If you had asked me a few years ago about ADA accessibility lawsuits, I would have talked about the importance of ensuring your business’s seating, aisles, and restrooms complied with the ADA accessibility guidelines. ...more

Jackson Lewis P.C.

Disability Discrimination And Reasonable Accommodation Under California’s Fair Employment And Housing Act (FEHA) [1]

Jackson Lewis P.C. on

If your business has five or more employees, your business is one of the millions in California that has a duty to provide reasonable accommodations for its employees with known disabilities. A duty to provide reasonable...more

Seyfarth Shaw LLP

Beyond Title III: Website Accessibility Lawsuits Filed Alleging Inaccessible Online Employment Applications

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Seyfarth Synopsis: Plaintiffs who pursued numerous web accessibility actions under Title III of the ADA are now using website accessibility to test the limits of a different area of law – employment law – California’s Fair...more

FordHarrison

California Federal Court Says Employers Need Not Approve Multiple Leaves of Absence Where an Employee was Totally Disabled and...

FordHarrison on

The Southern District Court of California, in Ruiz v. ParadigmWorks Group, Inc., held that an employer was not at fault for failing to grant an employee’s request for multiple medical leaves of absence where the employee was...more

Proskauer - California Employment Law

California Employment Law Notes - March 2018

Former LA Times Columnist's Age/Disability Discrimination Judgment Upheld, New Trial On Damages Ordered - Simers v. Los Angeles Times Commc'ns, LLC, 18 Cal. App. 5th 1248 (2018) - T.J. Simers, a well-known sports...more

Sheppard Mullin Richter & Hampton LLP

Obese Employees May Be Protected Under FEHA

In December 2017, the California Court of Appeal published a decision confirming obesity is a protected disability in California if it has a physiological cause. In Cornell v. Berkeley Tennis Club, 18 Cal. App. 5th 908...more

Haight Brown & Bonesteel LLP

Employee Denied Attorney’s Fees Despite Establishing that His Termination was Substantially Motivated by His Disabilities

In William Bustos v. Global P.E.T, Inc., et al. (Cal Ct. App., Dec. 22, 2017, No. E065869), William Bustos brought a disability discrimination action against his former employers, Global P.E.T., Inc. and Global Plastics, Inc....more

Proskauer - California Employment Law

California Employment Law Notes - January 2018

Trial Court Erroneously Granted Bill Cosby's Anti-SLAPP Motion - Dickinson v. Cosby, 17 Cal. App. 5th 655 (2017) - After Janice Dickinson went public with her accusations of rape against Bill Cosby, Cosby's attorney...more

Seyfarth Shaw LLP

Failure to Investigate and Fat-Shaming Permit Employment Claims to Proceed

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Seyfarth Synopsis: Under California law, obesity can qualify as a disability if it has a physiological cause and limits a major life activity. Proving such a claim has been difficult. The First District Court of Appeal’s...more

Jackson Lewis P.C.

Refusing Employee’s Attempt to Rescind Resignation Was Not Actionable

Jackson Lewis P.C. on

In what appears to be an issue previously undecided under the California Fair Employment and Housing Act (“FEHA”), the Second District Court of Appeals in California held that an employer’s refusal to allow an at-will...more

Proskauer - California Employment Law

California Employment Law Notes - March 2017

Victoria Zetwick, a county correctional officer, alleged that the county sheriff created a sexually hostile environment in violation of Title VII and the California Fair Employment and Housing Act by, among other things,...more

Seyfarth Shaw LLP

Opposing Employer Actions Directed at General Public Not Protected Activity

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Seyfarth Synopsis: An employee who expresses opposition to an employer’s policies and practices that affect members of the general public is not engaging in an activity that FEHA protects, because the activity is not opposing...more

Seyfarth Shaw LLP

“Weight Watchers”— Weight Discrimination in the Workplace

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Seyfarth Synopsis: ‘Tis the season of food temptation: the average American gains at least five pounds between Thanksgiving and New Year’s Day. California employers need to beware of weight discrimination in the fluctuating...more

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