California Fair Employment and Housing Act Hiring & Firing

News & Analysis as of

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

California Court Imposes Duty to Accommodate Non-Disabled Employees Associated With Disabled Persons

On April 4, 2016, a California Court of Appeal set new precedent in Castro-Ramirez v. Dependable Highway Express, opining that the California Fair Employment and Housing Act (FEHA) may require employers to reasonably...more

Reasonable Accommodation Protections Expanded to Non-Disabled Employees

Seyfarth Synopsis: California court creates new duty to accommodate employees who, although not themselves disabled, are associated with a disabled person. The Court of Appeal decision in Castro-Ramirez v. Dependable...more

California Court Requires Employers to Provide Reasonable Accommodations to Employees Who Are “Associated With” a Disabled Person

The California Court of Appeal, in its highly controversial opinion in Castro-Ramirez v. Dependable Highway Express, held that under the California Fair Employment and Housing Act (“FEHA”), an employer’s duty to provide...more

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

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

California Court of Appeal Finds that Employers are Required to Reasonably Accommodate Even Non-disabled Employees

On April 4, 2016, the California Court of Appeal issued an unprecedented ruling in Castro-Ramirez v. Dependable Highway Express that the California Fair Employment and Housing Act (FEHA) requires employers to reasonably...more

Employment Law Commentary, March 2016

The California Fair Employment And Housing Council Issues Proposed Regulations To Limit Consideration Of Criminal History In Employment Decisions - Employers take great measures to avoid hiring dangerous employees—not...more

Employment Law - March 2016 #2

California Appellate Panel Sets Standard for Disability Discrimination Jury Instructions - Why it matters - How should a California trial court properly instruct a jury regarding an employer's intent to discriminate...more

Employers: Criminal History Inquiries May Get Tricky

Last week the California Fair Employment and Housing Council of the Department of Fair Employment and Housing (or, in short, the Council) announced its proposed amendment to the California Code of Regulations, aiming to...more

Handling Applicant Criminal Records to Avoid Disability Discrimination Claims

With the 2016 hiring season well under way, California employers are well advised to reconsider their use of criminal records in making hiring decisions. Although employers are probably aware of “ban the box” and other...more

DFEH Issues Guidelines Regarding Transgender Employees

On February 17, 2016, the California Department of Fair Employment and Housing (“DFEH”) issued guidelines on transgender employee rights. These guidelines address what questions employers can ask transgender employees (during...more

Discrimination Based on Marital Status in Employment Law

There are a number of special legal and social advantages offered to people who choose to enter into the institution of marriage. Similarly, a whole host of benefits are offered to domestic partners in California. These...more

Do I or Don't I?—Alcoholism and Accommodations in the Workplace

Any college football fan can attest that this has been quite the year for upsets. As interesting as the on-field action has been, we have seen increasing media attention and fan commentary focused on the action off the...more

Trojan Travails: Coach Sarkisian’s Alcoholism-Discrimination Lawsuit Against USC

Readers have been clamoring for my take on the alcoholism-discrimination lawsuit filed by Steve Sarkisian against the University of Southern California. Actually, I got one email from a reader, who had a better take on...more

Wrongful Termination & Disability Discrimination: Sarkisian Goes Head to Head With USC

After a much publicized struggle with alcoholism and public firing by the University of Southern California, former head coach for the football team, Steve Sarkisian, has filed a lawsuit against the...more

Employers and medical marijuana: Are California's anti-drug policies up in smoke?

What’s an employer to do when faced with employees using marijuana in or out of the workplace? How should employers respond to employees who use or possess marijuana legally under California law? How does such use or...more

A Legislative El Niño for California?: New 2016 Employment Laws for the State’s Private Sector Employers

Experts are predicting a 95% chance of heavier-than-usual seasonal rainfall this year in Southern California based on the phenomenon known as “El Niño.”  Did the California Legislature and its Governor produce a comparable...more

Can Kim Davis Be Fired? What CA Employers Should Know About Religious Accommodations

Last June, the U.S. Supreme Court determined that same-sex marriages are a fundamental liberty protected by the 14th Amendment of the U.S. Constitution – and that states must issue marriage licenses to same-sex couples....more

All Over But the Penning: the California Legislature Completes its Work for 2015

The California Legislature adjourned its 2015 regular session early last Saturday morning.  It is now up to Governor Brown to sign or veto the last of the Legislature’s 2015 work product.  He has until Sunday, October 11, to...more

Inability to Work Under A Particular Supervisor Is Not a Disability in California

In response to standard negative performance feedback from a supervisor, an employee takes a leave of absence due to stress and submits a medical note stating that the employee must be transferred to another department as an...more

California Court of Appeal Rules in Favor of Public Entity Employer: No Forum Shopping for California Public Entity Employees

In a recent unpublished case, the California Court of Appeal ruled a public civil service commission decision on a worker’s employment claims precluded him from relitigating his claims in a civil action. According to the...more

Employee’s Inability To Work For A Particular Supervisor Does Not Constitute A “Disability”

Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical assistant in Sutter’s Shared Services Department. Higgins-Williams reported to her treating physician that...more

Wacky Employee Claims: What Employers Can Learn From Outlandish Situations

Think you've heard every cautionary workplace tale? Believe it or not, you probably haven't – the real question is, how prepared are you to handle wildly unusual complaints, extreme accommodation requests, and highly awkward...more

Employment Flash - July 2015

The July 2015 edition of Employment Flash covers a number of developments, including: the U.S. Supreme Court's ruling that job applicants need only show that a religious accommodation was a factor in denying employment to...more

Trend to Limit ADA and FEHA Definitions of Disability Attributed to Behavioral Disorders Affecting Work Relations?

Could there be a trend starting among the courts to put restraints on the reach of the disability discrimination laws when it comes to mental impairments affecting an employee’s ability to get along with others in the...more

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