News & Analysis as of

California Fair Employment and Housing Act Discrimination

New California Transgender Regulations: Employer Do's & Don'ts

by Ballard Spahr LLP on

California continues to forge a trail for gender identity protections in the United States. On July 1, 2017, the Fair Employment and Housing Council enacted new regulations addressing transgender issues that broaden the scope...more

Scary as Dinosaurs: California’s Genetic Information Discrimination Code

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Genetic discrimination lawsuits can result in substantial costs. California employers should regularly review their hiring and employment policies and procedures to ensure that they are not exposing...more

The Customer Is (Not) Always Right: An Employer's Duty to Protect

by Lewitt Hackman on

Everyone is entitled to their opinion, and in this political climate, it seems as though more people are comfortable voicing those opinions, even if they may offend someone. Although free speech is a primary pillar of...more

California Employment Law Notes - January 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

California Employers: Time to Gear Up for 2017

by Epstein Becker & Green on

Now is the time of year for California employers to review the numerous employment laws that will be going into effect in 2017 to ensure that their policies and practices are in compliance and properly address new...more

Opposing Employer Actions Directed at General Public Not Protected Activity

by Seyfarth Shaw LLP on

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

by FordHarrison on

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

The California Edition of the Employment & Labor Newsletter

by Wilson Elser on

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

Hospitality Industry Law Newsletter

by Buchalter on

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

FEHC Proposed Criminal History Regulations Put Employers in Hot Seat

by Seyfarth Shaw LLP on

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

All in the Family: California Court Holds Employers Have to Accommodate Disability of Employee's Family Member

by Littler on

A California Court of Appeal for the first time has decided that an employer has a duty to reasonably accommodate an applicant or employee who is associated with a disabled person who needs the employee’s assistance. This...more

Amended FEHA Regulations: Employers Required to Update Harassment & Discrimination Policies

by Lewitt Hackman on

The California Fair Employment and Housing Act’s (FEHA) proposed amendments have been approved and go into effect April 1, 2016. All employers should review the regulations and update their policies. In large part, the...more

New California Harassment Policy Requirements, Effective April 1

by Morgan Lewis on

Amended FEHA regulations cover a wide range of compliance topics and may require California employers to update their harassment and discrimination policies....more

HR Heads-up: Amended FEHA Discrimination Regulations Will Require Action

by Seyfarth Shaw LLP on

The California employment agencies have been busy! Let your favorite Seyfarth attorney know if you have any questions or would like our help in responding to any of these agency pronouncements....more

It Isn’t An April Fool’s Joke – New Amendments to California’s Laws Against Discrimination Become Effective April 1

The adage that “there is no rest for the weary” is perhaps an all too familiar one for California employers. Although employers might have already spent the past few months implementing a host of new laws that took effect in...more

Employment Law - September 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

Not-So-Sudden Impact: Insurers Face A New Breed Of Claim Under the Fair Housing Act (Part 2 of 3)

by Pullman & Comley, LLC on

This is the second article of a three-part series about two recent decisions by federal courts in Connecticut and California: Viens v. America Empire Surplus Lines Ins. Co., No. 3:14cv952 (D. Conn. June 23, 2015), and Jones...more

Dual Ruling in FEHA Case Addresses Evidence Required to Establish Qualified Disability and Sets High Standard for Cost Recovery as...

by Low, Ball & Lynch on

Gabriel L. Roman, et al. v. BRE Properties, et al. - Court of Appeal, Second Appellate District (June 17, 2015) - The Fair Employment and Housing Act (“FEHA”) prohibits, as unlawful discrimination, a refusal to make...more

The Transformation of Transgender Rights in the Workplace

by Lewitt Hackman on

Gender transition and transgender identity has taken center stage in the media recently. However, out of the spotlight, the rights of transgender persons may be unclear to many. Transgender persons struggle with difficult...more

Today's Immigration Debate Impacts California Employment Law and Litigation

by Wilson Elser on

A year ago, the California Supreme Court limited damages in employment discrimination claims brought under the California Fair Employment and Housing Act (FEHA) when an employer discovers it employed an unauthorized worker....more

Fenwick Employment Brief - May 2015

by Fenwick & West LLP on

EEOC Conciliation Efforts Subject To Limited Judicial Review - In Mach Mining, LLC v. EEOC, the United States Supreme Court held that the conciliation efforts of the Equal Employment Opportunity Commission (EEOC) are...more

Courts can review EEOC’s pre-litigation conciliation efforts: 6 steps for employers

by DLA Piper on

The United States Supreme Court has unanimously held in Mach Mining, LLC v. EEOC that courts can review conciliation efforts by the Equal Employment Opportunity Commission (EEOC) before the agency sues an employer. ...more

California Confectioner Defeats Worker’s Age Discrimination Claim

Armenta v. Morris National, Inc., No. B255575 (March 27, 2015): Discrimination claims often ensue after a reduction in force (RIF) because laid off employees second-guess management’s selection process. However, as seen in a...more

New Employment Laws Affecting California Businesses in 2015

by McManis Faulkner on

The California Legislature recently enacted a number of new employment laws that will take effect in 2015 that will impact businesses in California. With the New Year quickly approaching, employers should review their...more

2015 Labor & Employment Law Update for California Employers

by Allen Matkins on

The California Legislature enacted a number of new bills that become effective in 2015. Among the most significant are the following...more

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