Discrimination, FEHA, Disability Discrimination

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

Seyfarth Shaw LLP on 1/2/2018

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

California Employment Law Notes - January 2017

Proskauer - California Employment Law on 1/10/2017

$90 Million Judgment Reinstated: Employers Must Relieve Employees Of All Duties During Their Rest Periods - Augustus v. ABM Sec. Servs., Inc., 2016 WL 7407328 (Cal. S. Ct. 2016) - Jennifer Augustus filed this...more

Opposing Employer Actions Directed at General Public Not Protected Activity

Seyfarth Shaw LLP on 11/21/2016

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

Finally! Something That's Not "Protected Activity" in California

FordHarrison on 11/16/2016

It turns out that “protected activity” sufficient to make out a retaliation claim in California is not as broad as it may sometimes seem. On November 9, 2016, the Court of Appeal affirmed summary judgment for the employer in...more

Employment Law - September 2015

Manatt, Phelps & Phillips, LLP on 9/16/2015

From the California Legislature: New Employment Laws, Bills Set for Signature: Why it matters - The California Legislature has been busy with employment-related bills, passing measures to provide additional...more

Employment Law -- Oct 15, 2013

Manatt, Phelps & Phillips, LLP on 10/15/2013

“Use It or Lose It” Policy Results in Multimillion-Dollar Verdict - Why it matters: Although this decision is unpublished, it provides a lesson on the potentially expensive ramifications of maintaining an illegal...more

LAPD Reserve Officer Cannot Claim Disability Discrimination Because He Is Not An "Employee" Under FEHA - Court Rules That...

Best Best & Krieger LLP on 7/31/2013

A California Court of Appeal recently held that a volunteer reserve police officer for the Los Angeles Police Department was not entitled to maintain a disability discrimination claim under the California Fair Employment and...more

Employment Law Reporter – April 2013: "We won! Wait, no, we lost!": The Narrative Arc of a Disability Discrimination Lawsuit

Ervin Cohen & Jessup LLP on 4/8/2013

An employee (Prock) becomes temporarily but totally disabled by an anxiety disorder, goes out on a disability leave and receives disability benefits. The disability leave is extended by the employee’s doctor several times....more

Did You Know…New Pregnancy Regulations In Effect In California

Nossaman LLP on 3/28/2013

As we recently reported to you at our 2013 Emerging Employment Law Seminar, the California Fair Employment and Housing Commission (FEHC) implemented new and amended regulations addressing employers’ obligations and employees’...more

Did You Know…New Regulations Released Governing Disability Discrimination In California

Nossaman LLP on 3/28/2013

As we recently reported to you at our 2013 Emerging Employment Law Seminar, the California Fair Employment and Housing Commission (FEHC) implemented new and amended regulations governing disability discrimination, reasonable...more

Legal Alert: California Expands Protections For Disabled Employees

FordHarrison on 3/21/2013

Recent California case law and new regulations stress the importance of the employer's duty to engage in the interactive process with disabled workers who require accommodation. Now more than ever, it is important for...more

California Employment Law Notes - March 2013

Proskauer Rose LLP on 3/19/2013

In this Issue: - California Supreme Court Revises Jury Instructions And Trial Procedures In Discrimination Cases, Harris v. Superior Court, 56 Cal. 4th 203 (2013) - Employee Who Exhausted Four Months Of...more

Fenwick Employment Brief - March 2013

Fenwick & West LLP on 3/14/2013

In This Issue: - Feature Articles: - California Court Of Appeal Significantly Expands Pregnancy Leave Rights - New York Employer's Flex-time Policy Precluded Holding Employee Accountable For Tardiness ...more

Engage—Before You Fire

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/12/2013

Consider this scenario: An employee goes out on a leave of absence for anxiety. His doctor says he’s temporarily totally disabled. Then the leave gets extended because the employee is having problems adjusting to the...more

California Employer Should Have Engaged In Interactive Process Before Firing Employee

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/11/2013

Prock v. Tamura Corp. of America, No. E054185 (January 25, 2013): In an unpublished opinion, a California Court of Appeal recently overturned the dismissal of a lawsuit where the employee was fired while on a leave of absence...more

California Appellate Court Holds Employee Entitled To Reasonable Accommodation After Pregnancy Leave Ends

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/11/2013

Sanchez v. Swissport, Inc., No. B237761 (February 21, 2013): A California Court of Appeal recently held that an employer may have to offer additional leave under the Fair Employment and Housing Act (FEHA) as a reasonable...more

California Adopts New Disability Discrimination Regulations

Littler on 2/13/2013

Regulations proposed by California's Fair Employment and Housing Commission governing disability discrimination have been finalized after public comment and are now in effect. According to the Statement of Purpose, the...more

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

Hinshaw & Culbertson LLP on 1/15/2013

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

Lost in Translation: California's New Pregnancy Disability Leave Regulations and Their New, Contradictory Obligations

Littler on 1/7/2013

In regulations that became effective December 30, 2012, California employers received additional guidance on how to handle leaves of absence for employees disabled by pregnancy, childbirth, or a related medical condition....more

Discrimination › California Fair Employment and Housing Act › Disability Discrimination

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