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California Fair Employment and Housing Act Discrimination Employer Liability Issues

CDF Labor Law LLP

On The Horizon: California Bill Seeks To Ban Caste-Based Discrimination

CDF Labor Law LLP on

California is likely to become the first state to explicitly ban caste-based discrimination in the context of employment, housing, and public schools. SB 403 seeks to amend the Fair Employment and Housing Act (FEHA), along...more

Sheppard Mullin Richter & Hampton LLP

California Expands Employees’ Right to Off-Duty Cannabis Use

Beginning January 1, 2024, and following the passage of Assembly Bill 2188, the California Fair Employment and Housing Act (FEHA) will add employee protections against discrimination based on off-the-job cannabis use with a...more

Sheppard Mullin Richter & Hampton LLP

California Expands FEHA to Include Off The Job Cannabis Use

Virtually all California employers with five or more employees are covered by the Fair Employment and Housing Act (FEHA), the state’s most noteworthy civil rights law. FEHA protects and safeguards the right and opportunity of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Bill Proposes Three Year Statute of Limitations for Employment Claims

California Assembly Bill 9 (AB 9), sponsored by Assembly Members Eloise Reyes, Laura Friedman, and Marie Waldron, would expand employee protections related to harassment and discrimination in the workplace. The California...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New California Sexual Harassment Legislation Will Make It More Difficult for Employers to Resolve Claims

In the waning days of his final term of office and on the last possible day under the legislative calendar, on September 30, 2018, California Governor Jerry Brown signed a trio of bills into law that should have a dramatic...more

Ervin Cohen & Jessup LLP

Proposed Law Will Make It Easier to File Discrimination and Harassment Claims Against California Employers

Senate Bill 1300 (Jackson) seeks to expand liability in discrimination and harassment by lowering the legal standard for legal claims. Currently, only harassment that is “severe or pervasive” is actionable....more

Proskauer - California Employment Law

California Employment Law Notes - July 2018

Supreme Court Bars Mandatory Union Dues For Public Employees - Janus v. AFSCME, 585 U.S. ___, 2018 WL 3129785 (2018) - In a highly anticipated decision, the United States Supreme Court held that it is a violation of...more

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Seyfarth Shaw LLP

The Stale Harassment Complaint: Coal In Your Stocking?

Seyfarth Shaw LLP on

Seyfarth Synopsis: The natural inclination is to ignore attempts to dredge up claims of harassment that happened long ago. But no harassment claim is too old to investigate. Having strong anti-harassment policies and...more

Seyfarth Shaw LLP

Scary as Dinosaurs: California’s Genetic Information Discrimination Code

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

Proskauer - California Employment Law

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

Seyfarth Shaw LLP

FEHC Proposed Criminal History Regulations Put Employers in Hot Seat

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

Littler

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

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

Lewitt Hackman

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

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

Morgan Lewis

New California Harassment Policy Requirements, Effective April 1

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

Seyfarth Shaw LLP

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

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

Orrick - Employment Law and Litigation

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

Lewitt Hackman

The Transformation of Transgender Rights in the Workplace

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

Fenwick & West LLP

Fenwick Employment Brief - May 2015

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

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

McManis Faulkner

New Employment Laws Affecting California Businesses in 2015

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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

Manatt, Phelps & Phillips, LLP

Employment Law - Oct 2014 #3

DOL Grants Could Signal More Misclassification Actions - Why it matters: Employers have faced a tidal wave of litigation over the alleged misclassification of employees as independent contractors, with workers ranging...more

Sheppard Mullin Richter & Hampton LLP

Undocumented Workers May Pursue Claims Under California’s FEHA, So Says The California Supreme Court

On June 26, 2014, in Salas v. Sierra Chemical Co., the California Supreme Court held that undocumented immigrants who fraudulently obtained employment still may pursue retaliation and discrimination claims under the...more

Hinshaw & Culbertson LLP

Unauthorized Work Status Does Not Bar Discrimination Claims

In Salas v. Sierra Chemical Co., the California Supreme Court held that an undocumented worker who was wrongfully terminated in violation of the California Fair Employment and Housing Act (FEHA) may be awarded lost pay...more

Fenwick & West LLP

Fenwick Employment Brief - November 2013

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Flurry of New California Employment Statutes Continues - The California Legislature passed and Governor Brown approved the following new statutes impacting California employment law that shortly take effect in 2014....more

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