News & Analysis as of

California Fair Employment and Housing Act

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

California Legislature Sends ‘Driver’s License Discrimination’ Bill to Governor

California is on the verge of adding yet one more prohibited employment practice to the California Fair Employment and Housing Act (FEHA). On September 9, 2024, the California Legislature presented Governor Gavin Newsom...more

Weintraub Tobin

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

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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

Seyfarth Shaw LLP

Legislative Update: Legislature Hikes the Ball For Signing Kickoff

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Seyfarth Synopsis: The Legislature concluded its 2023-24 session in the wee hours of its August 31, 2024, deadline to pass bills. Now it’s up to Governor Newsom to call the plays as to what employment bills he will sign into...more

CDF Labor Law LLP

Attorneys’ Fees May Be Awarded in FEHA Cases Even Where Attorney Misconduct Is Involved

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In Simers v. Los Angeles Times Communications LLC, Plaintiff T.J. Simers was a well-known columnist for the Times, who after 23 years of employment, suffered a medical issue at the age of 62. Upon resuming his duties, the...more

Esquire Deposition Solutions, LLC

How Many Depositions Are Enough?

Ten is the presumptive upper limit on the number of depositions that each party may take in civil litigation in the federal courts. This number, provided by Rule 30(a)(2) of the Federal Rules of Civil Procedure, can be...more

Ervin Cohen & Jessup LLP

Severing Unconscionable Terms in Employment Arbitration Agreements

In August 2000, the California Supreme Court handed down a landmark ruling that changed the face of employment arbitration agreements going forward. That case, known as Armendariz v. Foundation Health Psychcare Services,...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

Payne & Fears

July 2024 Case Summaries

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Summary: Courts must consider allegations of a racially hostile workplace “from the perspective of a reasonable person belonging to the racial or ethnic group of the plaintiff.” Under this framework, “a single racial epithet...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

Foley & Lardner LLP

California Supreme Court Affirms Single Comment Can Constitute Harassment and Addresses Standard for Retaliation

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In a July 29, 2024, opinion, the California Supreme Court reaffirmed that a single use of a racial epithet can be severe enough to be actionable harassment under the California Fair Employment and Housing Act (FEHA)....more

Proskauer Rose LLP

California Employment Law Notes - July 2024

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Employee Who Wanted To Donate/Freeze Her Eggs Was Not Protected By Pregnancy Statute - Paleny v. Fireplace Products U.S., Inc., 103 Cal. App. 5th 199 (2024) - Erika Paleny alleged harassment, discrimination and...more

Manatt, Phelps & Phillips, LLP

Egg Retrieval Procedures Not Protected By FEHA

Affirming summary judgment for an employer, a California appellate panel said an employee could not advance claims of harassment, discrimination and retaliation based on her egg retrieval procedures....more

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

California Supreme Court Says Severing Unconscionable Terms From Arbitration Agreements Is a Question of Fairness

On July 15, 2024, the Supreme Court of California issued a decision that could provide courts in the state with significant discretion to refuse to enforce employment arbitration agreements even if only one term is determined...more

Fisher Phillips

California Court Rules That Egg Retrieval and Freezing Procedures Do Not Qualify for Pregnancy Protection – But Employers Should...

Fisher Phillips on

A recent decision from the California Court of Appeal concluded that a worker could not advance a pregnancy discrimination claim based on alleged mistreatment following egg retrieval and freezing procedures – but employers...more

Weintraub Tobin

The CA Legislature Passes Another Law Requiring that Employers Advise Employees that They Have the Right to Seek Legal Counsel

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In recent years, California employers have seen legislation requiring that they advise their employees in certain situations about their right to consult with legal counsel. For example, in 2021 Senate Bill 331 (“Silenced No...more

Jackson Lewis P.C.

California Supreme Court Clarifies Discovery Limitations and Severability in Arbitration Agreements

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The California Supreme Court issued its opinion in Ramirez v. Charter Communications, affirming in part that the arbitration agreement contained some substantive unconscionability but remanding the case to determine whether...more

Holland & Knight LLP

Religious Institutions Update: July 2024

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Vaccine Exemption Policy Requiring Citation to Official Doctrine Violates First Amendment Madison Houghton and Nathan A. Adams IV In Does 1-11 v. Bd. of Regents of Univ. of Colorado, 100 F. 4th 1251 (10th Cir. 2024), former...more

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

California Appeals Court Finds Employer’s Arbitration Agreement With Cost-Sharing and Out-of-State Law Provisions Unconscionable

In a recent ruling, a California appeals court found an arbitration agreement with an eyewear store employee that was presented on a take-it-or-leave-it basis required an arbitrator to apply the laws of another state,...more

Weintraub Tobin

A California Workplace Checklist for Pride Month

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It’s Pride month: rainbow flags are flying, social media avatars are changing, and parade planning is in full swing. In addition to celebrations, California businesses can use this important month to review their practices...more

Proskauer - California Employment Law

Plaintiff’s Attorneys Denied Additional Interest On Attorneys’ Fees

Renee Vines filed an action against his former employer alleging discrimination and harassment under the Fair Employment and Housing Act (“FEHA”) based on his race and age; that he was retaliated against when he was...more

Payne & Fears

Supreme Court Lowers the Bar for Challenging Discriminatory Job Transfers Under Title VII

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Today, the U.S. Supreme Court made it easier for employees to challenge discriminatory job transfers. In Muldrow v. City of St. Louis, the Court held that an employee challenging a job transfer under Title VII must show that...more

Proskauer Rose LLP

Broadway Ruling Puts Discrimination Claims In The Limelight

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Does the First Amendment right to free speech permit an employer to hire or fire an employee based on race? On its face, the proposition may seem absurd, especially as we approach the 60th anniversary of the Civil Rights Act...more

Proskauer - California Employment Law

Prevailing Employer May Only Recover Costs If FEHA Action Was “Objectively Frivolous”

Amanda Neeble-Diamond sued her employer for violation of the Fair Employment and Housing Act (FEHA), but after a jury concluded she was an independent contractor rather than an employee, the trial court entered judgment in...more

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