FEHA, Hiring & Firing | JD Supra Law News

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

by Karina Sterman | 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

Employment Law Advisory for April 2, 2013: Pregnant Employees May Be Entitled To More Than The Four Month Leave Permitted By The...

by Hopkins & Carley on 4/3/2013

Most California employers are keenly aware that California’s Pregnancy Disability Leave Law (“PDLL”) requires an employer to allow an employee disabled by pregnancy, childbirth, or a related medical condition, to take a leave...more

Pregnancy Disability Leave: Not a Matter of Simple Math

by Jessica Rosen, Andrew Satenberg | Manatt, Phelps & Phillips, LLP on 3/27/2013

Recent case law confirms the need for employers to be cautious about mechanically applying pregnancy disability leave laws without considering the implications of the Fair Employment and Housing Act....more

Employee’s Wrongful Termination And Defamation Claims Were Properly Dismissed

by Anthony Oncidi | Proskauer - California Employment Law on 3/27/2013

John McGrory alleged his employment was terminated because he is male and because he participated in his employer’s internal investigation. He also alleged defamation associated with a statement the vice president of human...more

The California Supreme Court Provides Mixed Result in Mixed Motive Terminations

by W. George Wailes | Carr, McClellan, Ingersoll, Thompson & Horn -... on 3/22/2013

In Harris v. City of Santa Monica, (2013) 56 Cal.4th 203, the California Supreme Court provided long-awaited clarification of the standards that apply when an employer terminates an employee for “mixed motives”—that is, when...more

California Employment Law Notes - March 2013

by 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

by Allen M. Kato, Michael A. Sands | 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

by Johnnie James | 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

by 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

Court Rejects FEHA Claim Brought By Fired Department Manager

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

McGrory v. Applied Signal Tech. Inc., No. H036597 (January 24, 2013): A California Court of Appeal recently upheld the dismissal of a lawsuit where the employee refused to cooperate with a company investigation and claimed...more

Pregnancy Disability Leave – Sanchez v. Swissport

by William Gutierrez | Carr, McClellan, Ingersoll, Thompson & Horn -... on 3/11/2013

A California appellate court has given employers yet another reason for caution in their handling of employees on pregnancy disability leave. In Sanchez v. Swissport, Inc., B237761 (Feb. 21, 2013), the Second District Court...more

Exhaustion Of Leave Under the Pregnancy Disability Leave Law Does Not Prevent An Employee From Making A Claim Under The FEHA,...

by Michael Newman | Barger & Wolen on 2/26/2013

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 Supreme Court Issues Employer-Friendly Decision on Mixed-Motive Defense

by Ellen Cohen, Paula Weber | Pillsbury Winthrop Shaw Pittman LLP on 2/13/2013

On February 7, 2013, the California Supreme Court issued a unanimous opinion in Harris v. City of Santa Monica. The California high court upheld the “mixed-motive” defense in cases brought under California’s Fair Employment...more

Mixed Motive Case Provides Mixed Results For California Employers

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 2/13/2013

In Harris v. City of Santa Monica, +2013 Cal. LEXIS 941 (2013), the California Supreme Court considered a mixed motive discrimination case in which an employer had both lawful and unlawful reasons for terminating an employee....more

California Supreme Court Splits The Baby In Mixed-Motive Employment Discrimination Case

by Michael Newman | Barger & Wolen on 2/12/2013

In Wynona Harris v. City of Santa Monica, decided on February 7, 2013, the California Supreme Court addressed the following question...more

California Supreme Court's "Mixed Motive" Ruling May Have Major Impact on Fair Employment and Housing Claims

by Fisher & Phillips LLP on 2/12/2013

On February 7, 2013 the California Supreme Court, in a unanimous decision, affirmed that backpay and reinstatement are not available remedies for a plaintiff under the Fair Employment and Housing Act (“FEHA”) when an employer...more

Disability Discrimination Claim Failed Where Employee Admitted Her Disability Made It Impossible For Her To Fulfill Her Job Duties

by Laura Izon Powell, Bruce A. Scheidt, Kristianne Seargeant, David W. Tyra | Kronick, Moskovitz, Tiedemann & Girard on 2/4/2013

An employee brought a lawsuit against her employer claiming disability discrimination after she was terminated from her employment. The United States Court of Appeals for the Ninth Circuit held that the employee could not...more

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FEHA › Hiring & Firing