News & Analysis as of September 21, 2024

Harassment

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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 +

Get Ready California Employers! A Wave Of New Employment Laws Set To Kick In Next Year.

Paul Hastings LLP on 11/2/2023

Another New Year means another flurry of new laws for California employers. Indeed, Governor Newsom had another busy October, signing over a dozen employee-friendly bills touching everything from cannabis use to workplace...more

Best in Law: New 2020 Laws for Employers

Best Best & Krieger LLP on 2/6/2020

Partner Joseph Ortiz Discusses Changes in the Southern California Newspaper Group - For California employers, 2020 brings sweeping changes to equalize the workplace. This playbook of new employment laws — aimed at...more

California Bill Proposes Three Year Statute of Limitations for Employment Claims

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/18/2019

California Assembly Bill 9 (AB 9), sponsored by Assembly Members Eloise Reyes, Laura Friedman, and Marie Waldron, would expand employee protections related to harassment and discrimination in the workplace. The California...more

Proposed Law Will Make It Easier to File Discrimination and Harassment Claims Against California Employers

Ervin Cohen & Jessup LLP on 7/24/2018

Senate Bill 1300 (Jackson) seeks to expand liability in discrimination and harassment by lowering the legal standard for legal claims. Currently, only harassment that is “severe or pervasive” is actionable....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

The Customer Is (Not) Always Right: An Employer's Duty to Protect

Lewitt Hackman on 3/9/2017

Everyone is entitled to their opinion, and in this political climate, it seems as though more people are comfortable voicing those opinions, even if they may offend someone. Although free speech is a primary pillar of...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

New California Harassment Policy Requirements, Effective April 1

Morgan Lewis on 3/21/2016

Amended FEHA regulations cover a wide range of compliance topics and may require California employers to update their harassment and discrimination policies....more

It Isn’t An April Fool’s Joke – New Amendments to California’s Laws Against Discrimination Become Effective April 1

Orrick - Employment Law and Litigation on 3/10/2016

The adage that “there is no rest for the weary” is perhaps an all too familiar one for California employers. Although employers might have already spent the past few months implementing a host of new laws that took effect in...more

New Employment Laws Affecting California Businesses in 2015

McManis Faulkner on 12/16/2014

The California Legislature recently enacted a number of new employment laws that will take effect in 2015 that will impact businesses in California. With the New Year quickly approaching, employers should review their...more

Ringing in the New Year: A Summary of New California Employment Laws for 2014

Buchalter on 12/20/2013

California’s 2012-2013 Legislative Session concluded with the enactment of a variety of new laws that will affect California employers. In light of these developments, summarized below, California employers should review...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

Employers Win Big In Two New U.S. Supreme Court Cases

Proskauer - California Employment Law on 7/4/2013

The Supreme Court ruled that a plaintiff asserting retaliation under Title VII of the Civil Rights Act of 1964 (“Title VII”) must prove that the retaliation was the “but for” cause of the employer’s adverse action....more

No Disability Discrimination Where Employee Cannot Competently Perform Job, Ninth Circuit Holds

Hinshaw & Culbertson LLP on 1/15/2013

In Lawler v. Montblac North American LLC, the plaintiff, Cynthia Lawler, a store manager at a boutique retail store, was diagnosed with psoriatic arthritis. Lawler initiated the action after Defendant employer terminated her...more

Changes to FEHA Pregnancy Regulations

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/10/2013

New pregnancy regulations proposed by the Fair Employment and Housing Commission (FEHC) were approved on November 30, 2012. The changes to the California Fair Employment and Housing Act (FEHA), which applies to employers with...more

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