News & Analysis as of September 22, 2024

Adverse Employment Action

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Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +

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

Seyfarth Shaw LLP on 1/2/2018

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

Opposing Employer Actions Directed at General Public Not Protected Activity

Seyfarth Shaw LLP on 11/21/2016

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

Finally! Something That's Not "Protected Activity" in California

FordHarrison on 11/16/2016

It turns out that “protected activity” sufficient to make out a retaliation claim in California is not as broad as it may sometimes seem. On November 9, 2016, the Court of Appeal affirmed summary judgment for the employer in...more

Employment Law - September 2015

Manatt, Phelps & Phillips, LLP on 9/16/2015

From the California Legislature: New Employment Laws, Bills Set for Signature: Why it matters - The California Legislature has been busy with employment-related bills, passing measures to provide additional...more

Employment Law - Oct 2014 #3

Manatt, Phelps & Phillips, LLP on 10/30/2014

DOL Grants Could Signal More Misclassification Actions - Why it matters: Employers have faced a tidal wave of litigation over the alleged misclassification of employees as independent contractors, with workers ranging...more

In the wake of the California Supreme Court's Harris Decision, A FEHA Claimant Must Show Discrimination was a "Substantial...

Sheppard Mullin Richter & Hampton LLP on 9/12/2013

It now should be clear to employers in California that the litigation rules are different as to what must be presented in discrimination lawsuits to succeed. Notably, just last week, in Alamo v. Practice Management...more

Fenwick Employment Brief - July 2013: U.S. Supreme Court Decides Several Employment and Employment-Related Cases

Fenwick & West LLP on 7/23/2013

Employer strictly liable for supervisor’s harassment of employee only if supervisor has hire and fire authority over subordinates - In a favorable decision for employers, the U.S. Supreme Court in Vance v. Ball State...more

California Supreme Court Issues Employer-Friendly Decision on Mixed-Motive Defense

Pillsbury Winthrop Shaw Pittman LLP on 2/13/2013

On February 7, 2013, the California Supreme Court issued a unanimous opinion in Harris v. City of Santa Monica. The California high court upheld the “mixed-motive” defense in cases brought under California’s Fair Employment...more

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Discrimination › California Fair Employment and Housing Act › Adverse Employment Action

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