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FEHA Promotion Claims Accrue Upon Knowledge Of Denial, And Defendants Get Costs Only If Suit Was Groundless

Seyfarth Synopsis: Failure to promote claims brought under the Fair Employment and Housing Act accrue when the adversely affected employee knows, or reasonably should know, of the employer’s unlawful refusal to promote; and...more

Ninth Circuit Hears Oral Arguments On Employment Arbitration Restrictions

Seyfarth Synopsis: The legal battles over Assembly Bill 51 (AB 51)—which attempts to prohibit mandatory employment arbitration agreements - continue. The Ninth Circuit heard the much anticipated oral arguments earlier this...more

Zombie Apocalypse? Another (Unconstitutional?) California Assault on Arbitration

Seyfarth Synopsis. On Thursday, September 5, 2019, the Legislature passed AB 51. This bill would ban mandatory arbitration agreements with respect to claims under the Labor Code and the Fair Employment and Housing Act while...more

Plaintiff Strikes Out in Tort Suit Against River Cats Baseball

Seyfarth Synopsis: In a refreshing display of judicial restraint, the California Court of Appeal has declined to extend California’s “wrongful termination” law to a failure to hire, because in the absence of a preexisting...more

Is California’s Latest Assault On Arbitration Constitutional?

Seyfarth Synopsis. Pending California legislation would make a mandatory arbitration agreement an unlawful practice under the Fair Employment and Housing Act, and a crime. How could that be consistent with the Federal...more

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

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

Not Up In Smoke: Employers Can Still Enforce Drug Policies

Seyfarth Synopsis: California employers can still enforce their drug-free workplace policies and discharge employees who test positive for marijuana, despite the recreational marijuana laws that go into effect in January...more

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

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

Court of Appeal Upholds LAPD Recruits’ Failure to Accommodate Claim

Seyfarth Synopsis: The Court of Appeal held that police officer recruits who were not “qualified individuals” under FEHA for purposes of their discrimination claim could nonetheless prevail on their claim for failure to...more

Opposing Employer Actions Directed at General Public Not Protected Activity

Seyfarth Synopsis: An employee who expresses opposition to an employer’s policies and practices that affect members of the general public is not engaging in an activity that FEHA protects, because the activity is not opposing...more

Employer Policy Failure Precludes Summary Judgment on Discrimination Claim

Seyfarth Synopsis: California Court of Appeal reverses a summary judgment for an employer that failed to follow its own policy regarding layoffs. Moore v. Regents of the University of California serves as a reminder to...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

No Joke: Amendments To FEHA Discrimination Regulations Effective April 1!

On April 1, 2016, California’s amended anti-discrimination regulations will go into effect. The amendments, propounded by the California Fair Employment & Housing Council, conform to existing law that protects employees from...more

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