News & Analysis as of

Americans with Disabilities Act (ADA) California Fair Employment and Housing Act

Weintraub Tobin

(Podcast) California Employment News: Understanding ADA/FEHA Requirements and the Interactive Process

Weintraub Tobin on

Meagan Bainbridge and Ryan Abernethy break down reasonable accommodations under the ADA and FEHA. Learn what employers need to know about handling requests and engaging in the interactive process in this installment of...more

Weintraub Tobin

California Employment News: Understanding ADA/FEHA Requirements and the Interactive Process

Weintraub Tobin on

Meagan Bainbridge and Ryan Abernethy break down reasonable accommodations under the ADA and FEHA. Learn what employers need to know about handling requests and engaging in the interactive process in this installment of...more

Proskauer - California Employment Law

Employee Who Wanted To Donate/Freeze Her Eggs Was Not Protected By Pregnancy Statute

Erika Paleny alleged harassment, discrimination and retaliation after informing her manager that she would be undergoing oocyte retrieval procedures so she could donate and freeze her eggs for her potential use at some...more

Husch Blackwell LLP

California Court Finds that HR Vendors Using Artificial Intelligence Can Be Liable for Discrimination Claims from Their Customers’...

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The Northern District of California issued an eagerly awaited decision last month in Mobley v. Workday, Inc., where a job applicant claims that Workday’s artificial intelligence (AI) job applicant screening tools violate...more

Farella Braun + Martel LLP

Pregnant Workers Fairness Act: What California Employers Need to Know

In 2023, the U.S. Congress passed the Pregnant Workers Fairness Act (“PWFA”) and, in June 2024, the Equal Employment Opportunity Commission’s (“EEOC’s”) regulations interpreting the PWFA took effect. In general, the PWFA...more

Sheppard Mullin Richter & Hampton LLP

U.S. Supreme Court Declines to Consider Appeal of Ninth Circuit Ruling that Sober Living Homes Do Not Have to Prove Each Resident...

Near the end of 2023, the United States Supreme Court declined to consider the City of Costa Mesa’s appeal of a January Ninth Circuit ruling in SoCal Recovery, LLC v. City of Costa Mesa (2023) 56 F.4th 802. The decision held...more

Davis Wright Tremaine LLP

California Supreme Court Rules Employer's Agent Directly Liable for Violations of State Discrimination Laws

Last week, the California Supreme Court unanimously held that California's Fair Employment and Housing Act ("FEHA") applies not only to employers but also to business entities performing services as agents for employers....more

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

Littler

Littler Lightbulb – February Employment Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment and labor law developments at the U.S. Supreme Court and federal courts of appeal over the last month....more

Meyers Nave

The California Employer’s Guide to New 2023 Laws

Meyers Nave on

As we have seen in just the past few weeks of the new year, laws are rapidly changing for employers. Following our Employment Law Update webinars provided to Private Sector and Non-Profit Employers, and Public Entity...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: The First Amendment and Disability Rights in the OC

This week, the Court addresses whether the dismissal of a volunteer member of a municipal advisory board implicates the First Amendment and considers a challenge to zoning ordinances designed to limit sober living homes. ...more

Bailey & Glasser, LLP

Pandemic-Era Requests for Workplace Accommodations by Caregivers: Navigating Employer Liability under New EEOC Guidance and...

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On March 14, 2022, the Equal Employment Opportunity Commission (EEOC) issued new technical assistance guidance entitled “The COVID-19 Pandemic and Caregiver Discrimination Under Federal Employment Discrimination Laws.” In...more

Akerman LLP - HR Defense

Family Medical Leave Compliance — A New Year’s Resolution You Should Keep

Given the rapidly spreading omicron variant, employers with as few as five employees are well advised to refresh themselves on their obligations under the Family Medical Leave Act (“FMLA”) and its California counterpart, the...more

Fisher Phillips

The ABCs of EHS: What Schools Need to Know About Wi-Fi Sensitivity Claims

Fisher Phillips on

The last five years have seen an increase of litigation surrounding Electromagnetic Hypersensitivity Syndrome (EHS), also called Wi-Fi Sensitivity, that should be on the radar screen for schools across the country. This is...more

CDF Labor Law LLP

Five Bars of Wi-Fi Are Grounds For Disability Claims

CDF Labor Law LLP on

The California Court of Appeal, Brown v. Los Angeles Unified School District, recently ruled that that electromagnetic sensitivity (aka “being sick to Wi-Fi”) constituted a “physical disability” under Fair Employment and...more

Constangy, Brooks, Smith & Prophete, LLP

CA Agency Guidance Addresses Employer-Mandated COVID Vaccinations

May an employer require its California employees to be vaccinated against COVID-19? According to recent guidance from the state Department of Fair Employment and Housing, the short answer is yes. On March 4, the DFEH...more

Jackson Lewis P.C.

Ask A Litigator: What Should Employers Know About The Interactive Process?

Jackson Lewis P.C. on

As an employer in California, you probably know that the Fair Employment and Housing Act (“FEHA”) requires employers with five or more employees to provide reasonable accommodations for applicants and employees with a...more

Constangy, Brooks, Smith & Prophete, LLP

Employers Can Mandate COVID Vaccines, But Don’t Forget FEHA!

A welcome clarification. May an employer require its California employees to be vaccinated against COVID-19? According to recent guidance from the state Department of Fair Employment and Housing, the short answer is yes....more

Sheppard Mullin Richter & Hampton LLP

DFEH Issues Guidance to Employers Regarding Mandatory COVID-19 Vaccination Policies

On March 4, 2021, the California Department of Fair Employment and Housing (“DFEH”) updated its COVID-19 related guidance. In addition to addressing whether an employer may ask about symptoms, take employees’ temperatures,...more

Nossaman LLP

On-Demand Webinar | Navigating Leave and Disability Protection Laws During COVID-19: A Practical Guide for California Employers

Nossaman LLP on

Each month, Nossaman's complimentary Employment BUZZ webinar series covers a different topic of interest to employers, including tax, insurance, intellectual property and employment issues. These "quick hit" 30-minute...more

White and Williams LLP

Employment Discrimination Claims Related to Vaccination Refusal – Religious Beliefs

White and Williams LLP on

As hospitals, large healthcare providers and employers in other industries prepare for the vaccine rollout, many will institute mandatory vaccination policies for their workforce. Employers who implement mandatory vaccination...more

Cozen O'Connor

COVID-19 FAQs For California Employers

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We have prepared the following FAQ to guide California employers with respect to their workplace policies and their response to the orders and laws that have been passed at the federal, state and local level to contend with...more

Foley & Lardner LLP

Privacy Considerations for Businesses Screening Employees and Visitors as They Reopen in California

Foley & Lardner LLP on

New privacy challenges await California businesses as they begin to develop plans to reopen after more than two months of lockdown due to the COVID-19 pandemic. Most businesses are required to fill out a county-specific safe...more

Lewitt Hackman

COVID-19: Return to Work Employer FAQs

Lewitt Hackman on

Now that we have been sheltering in place for close to two months, most of us are eagerly waiting for life to return to “normal.” We all want our businesses to thrive and to become fully operational again. However, we know it...more

Lewitt Hackman

EEOC Provides Guidance on COVID-19 Testing in the Workplace as Employers Prepare for Lifting of Stay at Home Orders

Lewitt Hackman on

Screening employees and customers prior to permitting them to enter a business has become the primary method used in an effort to prevent further spread of COVID-19 in the workplace. ...more

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