News & Analysis as of

California Fair Employment and Housing Act

California Employment Law Notes - November 2017

Newly Enacted California Statutes - Statewide "Ban-the-Box" Legislation - Known as "Ban-the-Box" legislation in reference to the box applicants are asked to check if they have any prior criminal convictions, the new...more

California “Ban-the-Box” Law Significantly Limits Employers’ Ability to Obtain and Use Information About Criminal Convictions in...

Just six months after California modified its regulations concerning past criminal convictions for applicants, California has taken the additional step of modifying the Fair Employment and Housing Act (“FEHA”) to expressly...more

California Implements Statewide “Ban the Box” Law Effective January 1, 2018

by LeClairRyan on

California has become the tenth state to pass the “ban-the-box” law which removes the conviction history question on job applications for private employers with five or more employees. Connecticut, Hawaii, Illinois,...more

California Governor Signs SB 396 Requiring Training on Gender Identity Harassment

by Conn Maciel Carey LLP on

Only a few months after the California Department of Fair Employment and Housing amendments to the FEHA regulations went into effect on July 1, 2017, which centralize, clarify, and expand protections for transgender...more

WPI State of the States: Lawmakers Keep Their Focus on Equal Pay Measures

by Littler on

As the holiday season approaches, legislative activity at the state level is starting to slow down. The California General Assembly closed out its term, for example, giving employers a breather until January. Illinois’...more

California Enacts “Ban the Box” Legislation

On Saturday, October 14, 2017, California Gov. Jerry Brown signed Assembly Bill 1008 into law, which is set to take effect on January 1, 2018. Known as the “Ban the Box” legislation, in reference to the box applicants are...more

Employer’s Victory In Workers’ Compensation Proceeding Leads To Dismissal Of Discrimination Claims

A recent California Court of Appeal opinion reminds employers of the need to carefully monitor parallel workers’ compensation proceedings involving litigants who also have civil claims pending against the employer. Ly v....more

New Mandatory California Training on Gender Identity Harassment

On Oct. 15, 2017, California Gov. Jerry Brown signed Senate Bill 396 into law, expanding the scope of mandatory sexual harassment training employers must provide to their supervisory employees. Currently, California’s Fair...more

Hotel Housekeeper Overcomes Workers’ Compensation Exclusivity to Maintain FEHA Action for Assault

In M.F. v. Pacific Pearl Hotel Management LLC (Cal. Ct. App., Oct. 26, 2017, No. D070150) 2017 WL 4831603, a hotel housekeeper (known as M.F. to preserve her privacy) was assaulted and raped at work by a trespasser known to...more

California Adds ‘Transgender,’ ‘Gender Nonconforming Individuals’ To Sexual Harassment Prevention Training For Supervisors

by Jackson Lewis P.C. on

Employers subject to California’s mandatory sexual harassment training requirement for supervisors will need to ensure their programs include prevention of harassment based on gender identity, gender expression, and sexual...more

Sexual Harassment Training and Posting Requirements Expanded

by Payne & Fears on

The California Fair Employment and Housing Act (FEHA) prohibits discrimination and harassment in the workplace. Under current law, employers with 50 or more employees must provide at least two hours of prescribed training and...more

California Bans the Box: Employers Must Review and Update Background Screening Processes

by Bryan Cave on

Recently, on October 14, 2017, Governor Jerry Brown signed Assembly Bill 1008 (“AB 1008”), which adds Government Code Section 12952 into state law. Among other things, this new provision makes it an unlawful employment...more

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

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