News & Analysis as of September 21, 2024

California Fair Employment and Housing Act

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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 -

Obese Employees May Be Protected Under FEHA

Sheppard Mullin Richter & Hampton LLP on 2/2/2018

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

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

Seyfarth Shaw LLP on 4/24/2017

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

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

Farella Braun + Martel LLP on 4/18/2016

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

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

Littler on 4/12/2016

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

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/24/2015

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

Employment Law - June 2015

Manatt, Phelps & Phillips, LLP on 6/15/2015

Actual Knowledge by Employer Not Necessary for Title VII Religious Discrimination Claim, U.S. Supreme Court Rules - Why it matters: In a closely watched case, the U.S. Supreme Court sided with a teenage applicant to...more

California School Teacher’s Claim That She Was Fired Due to a Computer Error

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/2/2015

Rommel v. Los Angeles Unified School District, No. B253405 (December 5, 2014): In a recent unpublished ruling, the California Court of Appeal reversed a trial court’s judgment in favor of a school district and against a...more

California Court Further Expands FEHA Protections To Employees Based On Association With Disabled Person

Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/17/2013

Rope v. Auto-Chlor System of Washington, Inc., No. B242003 (October 16, 2013): Recently, a California Court of Appeal held that a fired employee could proceed with a lawsuit in which he claimed that his employer discriminated...more

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

Hinshaw & Culbertson LLP 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 Employment Law Notes - January 2013

Proskauer Rose LLP on 1/14/2013

In This Issue: - $1.347 Million Award To Former General Counsel For Breach Of Implied Contract Is Upheld - Faigin v. Signature Group Holdings, Inc., 211 Cal. App. 4th 726 (2012) - $114,000 Pregnancy...more

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