News & Analysis as of

Hiring & Firing › Americans with Disabilities Act (ADA) › California Fair Employment and Housing Act

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
Seyfarth Shaw LLP

The Art of Defending (or Lodging) a Failure to Accommodate Claim: A Lesson on The Rehabilitation Act

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Tenth Circuit further clarifies The Rehabilitation Act while making it even harder to get rid of failure to accommodate claims at the summary judgment stage; FEHA and ADA implications may follow....more

Stoel Rives - World of Employment

Ninth Circuit Requires Proof of “But For” Causation for Claims Under Americans with Disabilities Act

Stoel Rives - World of Employment on

On August 20, the Ninth Circuit Court of Appeals in a case entitled Murray v. Mayo Clinic, joined four other Circuit Courts of Appeal in holding that a “but for” causation standard applies in ADA discrimination claims. This...more

Proskauer - California Employment Law

California Employment Law Notes - May 2019

Proskauer - California Employment Law on

Strict Independent Contractor Test Applies Retroactively - Vazquez v. Jan-Pro Franchising Int'l, 2019 WL 1945001 (9th Cir. 2019) - Last year, the California Supreme Court in Dynamex Ops. W. Inc. v. Superior Court, 4...more

Fox Rothschild LLP

Website Accessibility: Make Sure Your Website And Job Application Portal Is Accessible

Fox Rothschild LLP on

If you had asked me a few years ago about ADA accessibility lawsuits, I would have talked about the importance of ensuring your business’s seating, aisles, and restrooms complied with the ADA accessibility guidelines. ...more

Best Best & Krieger LLP

Compensation, Harassment And Discrimination Cases Brought Labor & Employment Law Changes - California’s 2019 Labor & Employment...

Best Best & Krieger LLP on

State and federal courts handed down labor and employment decisions last year that California employers must be aware of. Read about these decisions that impact everything from equal pay to medical leave, and more....more

Proskauer - California Employment Law

California Employment Law Notes - July 2018

Proskauer - California Employment Law on

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

Beyond Title III: Website Accessibility Lawsuits Filed Alleging Inaccessible Online Employment Applications

Seyfarth Shaw LLP on

Seyfarth Synopsis: Plaintiffs who pursued numerous web accessibility actions under Title III of the ADA are now using website accessibility to test the limits of a different area of law – employment law – California’s Fair...more

FordHarrison

California Federal Court Says Employers Need Not Approve Multiple Leaves of Absence Where an Employee was Totally Disabled and...

FordHarrison on

The Southern District Court of California, in Ruiz v. ParadigmWorks Group, Inc., held that an employer was not at fault for failing to grant an employee’s request for multiple medical leaves of absence where the employee was...more

Proskauer - California Employment Law

California Employment Law Notes - March 2018

Proskauer - California Employment Law on

Former LA Times Columnist's Age/Disability Discrimination Judgment Upheld, New Trial On Damages Ordered - Simers v. Los Angeles Times Commc'ns, LLC, 18 Cal. App. 5th 1248 (2018) - T.J. Simers, a well-known sports...more

Sheppard Mullin Richter & Hampton LLP

Obese Employees May Be Protected Under FEHA

Sheppard Mullin Richter & Hampton LLP on

In December 2017, the California Court of Appeal published a decision confirming obesity is a protected disability in California if it has a physiological cause. In Cornell v. Berkeley Tennis Club, 18 Cal. App. 5th 908...more

Proskauer - California Employment Law

California Employment Law Notes - January 2018

Proskauer - California Employment Law on

Trial Court Erroneously Granted Bill Cosby's Anti-SLAPP Motion - Dickinson v. Cosby, 17 Cal. App. 5th 655 (2017) - After Janice Dickinson went public with her accusations of rape against Bill Cosby, Cosby's attorney...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

Refusal to Rescind Employee’s Resignation Not an Adverse Employment Action

Seyfarth Shaw LLP on

Seyfarth Synopsis: The California Court of Appeal has held that an employer’s refusal to honor an employee’s rescission of a voluntary resignation is not an adverse employment action under the Fair Employment and Housing Act....more

Seyfarth Shaw LLP

“Weight Watchers”— Weight Discrimination in the Workplace

Seyfarth Shaw LLP on

Seyfarth Synopsis: ‘Tis the season of food temptation: the average American gains at least five pounds between Thanksgiving and New Year’s Day. California employers need to beware of weight discrimination in the fluctuating...more

Seyfarth Shaw LLP

Handling Applicant Criminal Records to Avoid Disability Discrimination Claims

Seyfarth Shaw LLP on

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

Constangy, Brooks, Smith & Prophete, LLP

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

Constangy, Brooks, Smith & Prophete, LLP on

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 the...more

Lewitt Hackman

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

Lewitt Hackman on

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 university. ...more

CMCP - California Minority Counsel Program

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

CMCP - California Minority Counsel Program on

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

Fenwick & West LLP

Fenwick Employment Brief - April 2014

Fenwick & West LLP on

Supreme Court Confirms FICA Taxes Must be Withheld from Severance Payments - Finding severance payments to be a form of “remuneration for employment,” the United States Supreme Court in United States v. Quality Stores,...more

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