News & Analysis as of

Employment Law - July 2014 #2

High Court’s Fall Docket Includes Major Employment Issues - Why it matters: While the 2013-2014 U.S. Supreme Court term may be over, the justices have granted certiorari in two major employment cases slated for the...more

California Court Further Expands FEHA Protections To Employees Based On Association With Disabled Person

Rope v. Auto-Chlor System of Washington, Inc., No. B242003 (October 16, 2013): Recently, a California Court of Appeal held that a fired employee could proceed with a lawsuit in which he claimed that his employer discriminated...more

Employee Stated a Claim for Associational Discrimination when Fired After Seeking Time Off to Donate a Kidney to his Sister

A trial court dismissed a lawsuit by a former employee against an employer who fired him after he requested leave to donate a kidney to his physically disabled sister. A court of appeal held that the trial court erred in...more

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

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

Are We There Yet? California Appellate Court Rules There Is No Statutory Cap for Pregnancy-Disability Leave

The interplay among state and federal employment leave requirements can be confusing and often becomes a trap for the unwary, as occurred in the recent case of Sanchez v. Swissport, Inc., No. B237761 (Cal. Ct. App. Feb. 21,...more

Required Extension of Statutory Pregnancy Leave as a Reasonable Accommodation

In a case of first impression, the Second Appellate District in California, recently took an expansive view of pregnancy leave rights for employees. Under California’s Pregnancy Disability Leave Law (“PDLL”), employees...more

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

California Adopts New Disability Discrimination Regulations

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

Amended Disability Regulations: The California Fair Employment and Housing Commission Clarifies “Interactive Process” for Disabled...

Employment and Housing Commission (“FEHC”). These regulations clarify an employer’s obligation to provide reasonable accommodations for disabled employees and applicants, and emphasize that employers must engage in a prompt,...more

2013 Updates to the FEHA California Pregnancy Regulations

Amendments to California’s pregnancy regulations became effective on December 30, 2012, creating many new responsibilities for employers. While employers should take note of all of the amended regulations, some of the most...more

Expanding the Disability Rights Playing Field in California: New Regulations Broaden Protections for Disabled Employees

In December, the Fair Employment and Housing Commission approved an overhaul of California's disability discrimination regulations as one of its last acts before being replaced by the Fair Employment and Housing Council on...more

California’s New Disability Regulations: Clarifying The Interactive Process

In October 2011, the California Fair Employment and Housing Commission (FEHC) proposed amended regulations governing disability discrimination, reasonable accommodation, and the interactive process under the California Fair...more

California Employment Law Notes - January 2013

In This Issue: - $1.347 Million Award To Former General Counsel For Breach Of Implied Contract Is Upheld - Faigin v. Signature Group Holdings, Inc., 211 Cal. App. 4th 726 (2012) - $114,000 Pregnancy...more

Changes to FEHA Pregnancy Regulations

New pregnancy regulations proposed by the Fair Employment and Housing Commission (FEHC) were approved on November 30, 2012. The changes to the California Fair Employment and Housing Act (FEHA), which applies to employers with...more

California’s New Pregnancy Disability Regulations: What Every Employer Should Know

In March 2012, the California Fair Employment and Housing Commission (FEHC) proposed new and amended regulations addressing employers’ obligations and employees’ rights and responsibilities regarding pregnancy under the...more

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

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

Police Department Is Not Required To Rehire Disabled Officer Who Is No Longer Able To Perform Essential Functions Of The Job

In Liu v. City and County of San Francisco (--- Cal.Rptr.3d ----, Cal.App. 1 Dist., December 11, 2012), a California court of appeal considered whether a city police department violated the California Fair Employment and...more

New California Pregnancy Disability Leave (PDL) Regulations Adopted

BakerHostetler's Employment and Labor Group would like to bring to your attention the following recent changes to the California Pregnancy Disability Leave (PDL) Regulations affecting employer obligations and...more

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