News & Analysis as of

California Fair Employment and Housing Act

California Implements Significant Changes in the Employment Application Process, Employee Training, and Protected Leaves

by Stoel Rives LLP on

On October 12, 2017, California Governor Jerry Brown signed several bills regulating a wide range of employer actions, everything from the labeling of cleaning fluids to the employment application process. While compliance...more

Workers’ Compensation Ruling Given Preclusive Effect In Discrimination Lawsuit

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In Ly v. County of Fresno, the Court of Appeal held that correctional officers’ claims for race, ethnicity, and national origin discrimination were barred because the claims had been previously denied in...more

California Governor Approves Three More Employment Laws: “Ban The Box”; Expansion of Sexual Harassment Training; and Contractors...

The deadline for California Governor Jerry Brown to sign new bills into law officially expired October 15, 2017. In addition to signing five bills last week, the Governor signed three more employment-related bills into law...more

California Statewide Ban-the-Box Law Signed By Governor

by Littler on

On October 14, 2017, Governor Jerry Brown signed Assembly Bill 1008, which will add a section to the California Fair Employment and Housing Act (FEHA) containing new state-wide restrictions on an employer’s ability to make...more

State-Wide BAN THE BOX Law No More Criminal Conviction Questions On Employment Applications

by Weintraub Tobin on

On October 14, 2017, Governor Brown signed Assembly Bill 1008 (the “Fair Chance Act”). The new law puts in place some protections for those individuals with criminal backgrounds seeking employment. The new law will be...more

California “Bans the Box”: Pre-Offer Criminal Inquiries Generally Outlawed in the State

On October 14, 2017, California Governor Jerry Brown signed Assembly Bill 1008 a “Ban the Box” law that significantly restricts an employer’s ability to seek or obtain information about a job applicant’s criminal history. ...more

New California Law Raises the Stakes in Labor Commissioner Investigations and Whistleblower Suits

by Davis Wright Tremaine LLP on

On October 4, 2017, Governor Brown signed SB 306 into law. The new statute, which was sponsored by the California Labor Federation, significantly expands the California Labor Commissioner’s power to investigate retaliation...more

California Passes State-Wide Ban-the-Box Law

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The California Legislature has just created yet another protected class of individuals entitled to sue employers under the Fair Employment and Housing Act....more

Is Bullying Harassment?

by Foley & Lardner LLP on

California is oft thought of as a trailblazer in the arena of sexual harassment law. Because California’s Fair Employment and Housing Act mirrors Title VII, practitioners and employers in other states often look to California...more

Marital Status Discrimination Claim Fails in Light of Workplace Violence Concerns, California Court Rules

In a recent, unpublished opinion, a California Court of Appeal found in favor of an employer on a marital status discrimination claim than an employee brought under the Fair Employment and Housing Act (FEHA). The court held...more

California Statewide Ban-the-Box Law Approved by Legislature

by Littler on

In February 2017, five California assembly members introduced Assembly Bill 1008, which proposes to add a section to the California Fair Employment and Housing Act (FEHA) containing new state-wide restrictions on an...more

California Joining The Ban The Box Bandwagon?

by Jackson Lewis P.C. on

California may be the next jurisdiction to implement statewide “ban the box” legislation. Assembly Bill 1008 made its way from the Assembly through the Senate, and now awaits action from Governor Jerry Brown....more

California Countdown: Which Labor & Employment Bills Will the Governor Sign?

by Littler on

September 15 was the last day in 2017 for bills to pass both houses of the California Legislature and be forwarded to the governor. Governor Jerry Brown (D) has until October 15, 2017 to sign, veto, or otherwise not act upon...more

FEHA Expands Protections for Gender Identity and Expression

by Ervin Cohen & Jessup LLP on

The Fair Employment and Housing Act (FEHA) now has additional protections against discrimination on the basis of gender identity and gender expression in the workplace. The new FEHA regulations, entitled “Regulations...more

California Employment Law Notes - September 2017

Jobseeker Website May Be Compelled To Disclose Identity Of Anonymous Posters Who Criticized Employer - ZL Technologies, Inc. v. Does 1-7, 13 Cal. App. 5th 603 (2017) - ZL Technologies brought suit, alleging libel per se and...more

Office Marital Dispute Did Not Trigger Employer’s Duty to Investigate

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In Nakai v. Friendship House Association of American Indians, Inc., the California Court of Appeal considered whether marital disputes that spill into the workplace trigger FEHA’s marital status protections...more

No Trial Needed: Ninth Circuit Confirms Summary Judgment Appropriate Where Discrimination Plaintiff Can’t Rebut Legitimate...

Employers faced with discrimination claims must determine if summary judgment is a viable means to dispose of those claims. A recent Ninth Circuit decision provides some additional ammunition for employers moving for summary...more

Context Is Key in Age Discrimination Cases

In Charles T. Merrick v. Hilton Worldwide, Inc., et. al. (No. 14-56853, filed 8/16/17), the United States Court of Appeals for the Ninth Circuit applied a nuanced analysis within the McDonnell Douglas burden-shifting...more

Fenwick Employment Brief - Summer 2017 Update

by Fenwick & West LLP on

California Legislative and Agency Update - Read about the latest California cities to increase hourly minimum wages, newly expanded transgender protections, criminal background check limitations and other changes in...more

Employee Given Two Bites of the Intentional Infliction of Emotional Distress Apple

It is well-established that the workers’ compensation system serves as the exclusive remedy for an employee who suffers injuries arising during the course and scope of employment, including psychiatric injuries. Recently,...more

California DFEH’s new transgender regulations go into effect

by Dentons on

Effective July 1, 2017, California employers became subject to new regulations, promulgated by the California Department of Fair Employment and Housing (DFEH), interpreting the California Fair Employment and Housing Act's...more

Cannabis Bill Focuses on Sexual Harassment and Discrimination Prevention Training

Earlier this year, California Assemblyman Jim Cooper, D-Elk Grove, introduced AB 1700 which seeks to amend the Business and Professions Code to include mandatory sexual harassment training. The bill applies to an applicant...more

Employment Law Commentary, July 2017 - Volume 29, Issue 7

by Morrison & Foerster LLP on

Let Us Pray: The Challenges of Accommodating Muslim Prayer in the workplace - Some prayers go unheard; others go to the Equal Employment and Opportunity Commission. Recently, employers in three states have faced actions...more

New California Transgender Regulations: Employer Do's & Don'ts

by Ballard Spahr LLP on

California continues to forge a trail for gender identity protections in the United States. On July 1, 2017, the Fair Employment and Housing Council enacted new regulations addressing transgender issues that broaden the scope...more

Cannabis at work: An update for employers

by Thompson Coburn LLP on

The legalization of cannabis in California raises significant questions as to whether employers can enforce policies prohibiting cannabis use by employees. Recent California legislation provides employers with the right to do...more

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