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
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
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
10/11/2019
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Contract Terms ,
Employment Contract ,
Federal Arbitration Act ,
FEHA ,
Freelance Workers ,
Independent Contractors ,
Labor Code ,
Labor Regulations ,
Legislative Agendas ,
Pending Legislation ,
Preemption ,
Supremacy Clause
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
10/2/2019
/ Appeals ,
Dismissals ,
Employer Liability Issues ,
Employment Litigation ,
FEHA ,
Hiring & Firing ,
Job Applicants ,
Race Discrimination ,
Tameny Claim ,
Tort ,
Wrongful Discharge in Violation of Public Policy ,
Wrongful Termination
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
8/7/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Constitutional Challenges ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Contract ,
Federal v State Law Application ,
FEHA ,
Legislative Agendas ,
Mandatory Arbitration Clauses ,
Pending Legislation ,
Preemption ,
Supremacy Clause
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
1/2/2018
/ Adverse Employment Action ,
Americans with Disabilities Act (ADA) ,
Appeals ,
Corporate Counsel ,
Disability Discrimination ,
Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
FEHA ,
Harassment ,
Hiring & Firing ,
Reasonable Accommodation ,
Retaliation ,
Summary Judgment
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
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 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
2/18/2017
/ Appeals ,
Disability Discrimination ,
Duty to Accommodate ,
Employee Reassignment ,
FEHA ,
Future Wages ,
Jury Verdicts ,
Light-Duty Positions ,
New Trial ,
Police ,
Reasonable Accommodation
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
11/21/2016
/ Adverse Employment Action ,
Appeals ,
Disability Discrimination ,
Discrimination ,
Employment Discrimination ,
FEHA ,
Hiring & Firing ,
Protected Activity ,
Public Employees ,
Retaliation ,
San Francisco ,
Termination
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
6/29/2016
/ Appeals ,
California Family Rights Act (CFRA) ,
Corporate Counsel ,
Disability Discrimination ,
FEHA ,
Hiring & Firing ,
Interactive Process ,
Reasonable Accommodation ,
Retaliation ,
Reversal ,
Summary Judgment ,
Wrongful Termination
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
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