California Fair Employment and Housing Act

News & Analysis as of

California Employment Law Notes - September 2016

Ninth Circuit Strikes Down Employer's Class Action Waiver - Morris v. Ernst & Young, LLP, 2016 WL 4433080 (9th Cir. 2016) - As a condition of employment, Stephen Morris and Kelly McDaniel were required to sign...more

Employment Law - September 2016

Ninth Circuit Sides With NLRB on Class Waivers - Why it matters - Siding with the National Labor Relations Board (NLRB), the Ninth Circuit Court of Appeals pushed the question of whether it violates the National...more

California Legislative Update: It's Now Up To The Governor

The California Legislature completed its substantive legislative work for the year in the very early morning hours of Thursday, September 1, 2016, with the usual frenetic, last-minute flurry of bill-passing, including some...more

Employment Law - August 2016

Arbitrator or Judge? California Supreme Court Weighs in - Why it matters - Yet again, the California Supreme Court considered arbitration in the context of an employment agreement, this time reflecting on whether a...more

The California Edition of the Employment & Labor Newsletter

Recruiting Practice Reminders - If you are a hiring manager or human resources professional who posts job openings to your organization’s website, carefully review the content to ensure it is specific, clear and concise....more

EEOC Investigation Can Toll Statute of Limitations in Employment Discrimination Cases

On July 27, 2016, in Reginald Mitchell v. California Department of Public Health (“Mitchell”) (Superior Court Case No. BC550911), the Court of Appeal for the Second Appellate District held that the one year statute of...more

California High Court Rules that Contract Principles Govern Who Decides the Availability of Class Arbitration Under an Arbitration...

On July 28, 2016, in Sandquist v. Lebo Automotive, Inc., the California Supreme Court (the “Court”) held that the underlying arbitration agreement, as interpreted under California contract principles, should determine whether...more

California Federal Court Reminds Employers That They Must Carefully Navigate Disability Accommodation Process

The obligation to accommodate a disabled employee is an ongoing one; a doctor’s note may not be a prerequisite to engage in the interactive process – those are two important lessons that employers should take away from a...more

California Employment Law Notes - July 2016

Employer Is Entitled To Recover $4 Million In Attorney's Fees From EEOC - CRST Van Expedited, Inc. v. EEOC, 578 U.S. ___, 136 S. Ct. 1642 (2016) - The EEOC filed suit against CRST (a trucking company) alleging...more

Hospitality Industry Law Newsletter

Who Are My Employees? The legal landscape for employers is changing. Led by the National Labor Relations Board (the “NLRB”), there is a growing trend to hold employers accountable, not only for their own employees, but...more

Game of Groans? Third Parties Attending Interactions with Employees

Seyfarth Synopsis: While employers usually deal with employees directly, sometimes an employer must engage with an employee’s representative. These circumstances vary, as do the potential consequences to the...more

Employer Policy Failure Precludes Summary Judgment on Discrimination Claim

Seyfarth Synopsis: California Court of Appeal reverses a summary judgment for an employer that failed to follow its own policy regarding layoffs. Moore v. Regents of the University of California serves as a reminder to...more

Barflies or Worker Bees: Alcohol at Work, What’s the Deal?

Seyfarth Synopsis: Is the glass half full (of perks) or half empty (with liabilities) for employers who serve alcohol in the workplace? Various California laws implicate the practice of providing alcohol for employees at...more

The California Edition of the Employment & Labor Newsletter

Employers Should Ensure Their Policies Comply with the Recent Amendments to the California Fair Employment and Housing Act - An overview of the Amendments to the California Fair Employment and Housing Act, including...more

Does an Employer have to Accommodate a Nondisabled Employee Because of Another’s Disability? Yes, Says One California State...

Last month, a California state appellate court issued a decision that, as the dissent characterized, went “where no one has gone before.” In Castro-Ramirez v. Dependable Highway Express, Inc., the court held that...more

FEHC Proposed Criminal History Regulations Put Employers in Hot Seat

Seyfarth Synopsis: The Fair Employment and Housing Council is vetting proposed regulations to prevent employers from discriminating against applicants or employees with criminal histories. Our colleague Kate Svinarich...more

California Employment Law Notes - May 2016

Employee Who Needed To Assist Disabled Son Could Proceed With "Associational Disability Discrimination" Claim - Castro-Ramirez v. Dependable Highway Express, Inc., 246 Cal. App. 4th 180 (2016) - Luis...more

Ramirez v. Dependable Highway Express: The Reasonable Accommodation of an Employee’s Family

In Luis Castro-Ramirez v. Dependable Highway Express, the California Court of Appeal held that California’s Fair Employment and Housing Act (“FEHA”) – which requires employers to reasonably accommodate employees with...more

It’s All Relative: A California Court Says Employers Must Accommodate Employees “Associated” With a Person With a Disability

In an issue of first impression, the California Court of Appeals held that employers have a duty under California’s Fair Employment and Housing Act (FEHA) to provide reasonable accommodations to an applicant or employee who...more

Court of Appeal Clarifies the FEHA Requires Reasonable Accommodations to Employees Who Are Associated With a Person with a...

In the recent Castro-Ramirez v. Dependable Highway Express, Inc. decision, the court held that under the California's Fair Employment and Housing Act ("FEHA"), employers are required to provide reasonable accommodations for...more

Employment Law This Week: FEHA Expansion, Class Waiver, Employer Conduct Rules, CA’s Paid Family Leave Law [Video]

We invite you to view Employment Law This Week - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

The New California Regulations Part IV: Support Animals in the Workplace

The California Office of Administrative Law recently approved regulations drafted by the California Fair Employment and Housing Council. These new regulations, covering the entire gamut of employment law topics within the...more

California FEHA Forecast: Evidence of Pretext Required in Anti-SLAPP Case Against TV Stations

On January 19, 2016, a California Court of Appeal issued an unpublished decision in Hunter v. CBS Broadcasting, Inc. The case was brought by Kyle Hunter, who filed an employment discrimination complaint, claiming that two...more

Connection to Someone With a Disability is Nearly Identical to an Actual Disability

As disability discrimination and accommodation claims continue to rise across the country, an appellate court in California may have just helped significantly expand such claims in the future by finding that an employee can...more

Immediate Action Required: California Employers Must Update Harassment and Discrimination Policies

Effective April 1, 2016, new California regulations require employers to develop a written, detailed harassment and discrimination prevention and correction policy. For some time, the California Fair Employment and Housing...more

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