News & Analysis as of

Discrimination Reinstatement

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 +
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 race, religion, gender, age, to name a few.  less -
Bradley Arant Boult Cummings LLP

Don’t Dawdle in USERRA’s World: Fourth Circuit Affirms USERRA Violation for Delayed Reemployment

How long do you have to reinstate an employee following military leave? In Harwood v. American Airlines, the Fourth Circuit found that a delay of six or eight weeks was too long. The Uniformed Services Employment and...more

Fenwick & West LLP

Fenwick Employment Brief - November 2013

Fenwick & West LLP on

Flurry of New California Employment Statutes Continues - The California Legislature passed and Governor Brown approved the following new statutes impacting California employment law that shortly take effect in 2014....more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Holds That Proof That Employer Would Have Made Same Employment Decision Absent Discrimination Precludes...

On February 7, 2013, the California Supreme Court held that where a plaintiff proves that unlawful discrimination in violation of the Fair Employment and Housing Act ("FEHA") was a substantial factor motivating her...more

Fisher Phillips

California Supreme Court's "Mixed Motive" Ruling May Have Major Impact on Fair Employment and Housing Claims

Fisher Phillips on

On February 7, 2013 the California Supreme Court, in a unanimous decision, affirmed that backpay and reinstatement are not available remedies for a plaintiff under the Fair Employment and Housing Act (“FEHA”) when an employer...more

Buchalter

Amended Pregnancy Regulations Expand Protections for Employees Disabled by Pregnancy or Perceived as Pregnant

Buchalter on

All California employers with five or more full- or part-time employees must comply with the California Fair Employment and Housing Commission’s (“FEHC”) amended pregnancy regulations that went into effect December 30, 2012....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Supreme Court Rejects Damages, Back Pay, And Reinstatement Where Employer Proves Legitimate Mixed-Motive

On February 7, 2013, the California Supreme Court issued a long-awaited decision on whether the “mixed-motive” defense applies to employment discrimination claims under the California Fair Employment and Housing Act (FEHA)....more

Morgan Lewis

New California Disability Regulations to Become Effective December 30

Morgan Lewis on

California employers should take action promptly to ensure compliance with new state disability and pregnancy disability regulations. On December 26, California's Office of Administrative Law approved new disability...more

Wilson Sonsini Goodrich & Rosati

Significant Changes to California Pregnancy Leave Will Take Effect on December 30, 2012

The Fair Employment and Housing Commission (FEHC) recently issued revised regulations that govern pregnancy disability leave (PDL) in California. The new regulations take effect December 30, 2012, and include changes that...more

BakerHostetler

New California Pregnancy Disability Leave (PDL) Regulations Adopted

BakerHostetler on

BakerHostetler's Employment and Labor Group would like to bring to your attention the following recent changes to the California Pregnancy Disability Leave (PDL) Regulations affecting employer obligations and liabilities: ...more

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