(Podcast) California Employment News: Understanding ADA/FEHA Requirements and the Interactive Process
California Employment News: Understanding ADA/FEHA Requirements and the Interactive Process
On-Demand Webinar | Navigating Leave and Disability Protection Laws During COVID-19: A Practical Guide for California Employers
Employment Law This Week®: FAA Arguably Preempts California Law, New CA Employment Laws for 2020, CA Consumer Privacy Act Amended
Employment Law This Week: FEHA Expansion, Class Waiver, Employer Conduct Rules, CA’s Paid Family Leave Law
Supreme Court Bars Mandatory Union Dues For Public Employees - Janus v. AFSCME, 585 U.S. ___, 2018 WL 3129785 (2018) - In a highly anticipated decision, the United States Supreme Court held that it is a violation of...more
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
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
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
Seyfarth Synopsis: Genetic discrimination lawsuits can result in substantial costs. California employers should regularly review their hiring and employment policies and procedures to ensure that they are not exposing...more
Seyfarth Synopsis: An employee who expresses opposition to an employer’s policies and practices that affect members of the general public is not engaging in an activity that FEHA protects, because the activity is not opposing...more
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
Seyfarth Synopsis: The Fair Employment and Housing Council is vetting proposed regulations to prevent employers from discriminating against applicants or employees with criminal histories. Our colleague Kate Svinarich...more
A California Court of Appeal for the first time has decided that an employer has a duty to reasonably accommodate an applicant or employee who is associated with a disabled person who needs the employee’s assistance. This...more
Armenta v. Morris National, Inc., No. B255575 (March 27, 2015): Discrimination claims often ensue after a reduction in force (RIF) because laid off employees second-guess management’s selection process. However, as seen in a...more
In Salas v. Sierra Chemical Co., the California Supreme Court held that an undocumented worker who was wrongfully terminated in violation of the California Fair Employment and Housing Act (FEHA) may be awarded lost pay...more
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
Despite $27,000 Jury Award, 9th Circuit Approves Almost $700,000 in Attorney’s Fees - Why it matters: Affirming the broad discretion of federal district court judges to award attorney’s fees, the Ninth U.S. Circuit...more
Rope v. Auto-Chlor System of Washington, Inc., No. B242003 (October 16, 2013): Recently, a California Court of Appeal held that a fired employee could proceed with a lawsuit in which he claimed that his employer discriminated...more
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
An employee (Prock) becomes temporarily but totally disabled by an anxiety disorder, goes out on a disability leave and receives disability benefits. The disability leave is extended by the employee’s doctor several times....more
John McGrory alleged his employment was terminated because he is male and because he participated in his employer’s internal investigation. He also alleged defamation associated with a statement the vice president of human...more
In this Issue: - California Supreme Court Revises Jury Instructions And Trial Procedures In Discrimination Cases, Harris v. Superior Court, 56 Cal. 4th 203 (2013) - Employee Who Exhausted Four Months Of...more
In This Issue: - Feature Articles: - California Court Of Appeal Significantly Expands Pregnancy Leave Rights - New York Employer's Flex-time Policy Precluded Holding Employee Accountable For Tardiness ...more
Consider this scenario: An employee goes out on a leave of absence for anxiety. His doctor says he’s temporarily totally disabled. Then the leave gets extended because the employee is having problems adjusting to the...more
Prock v. Tamura Corp. of America, No. E054185 (January 25, 2013): In an unpublished opinion, a California Court of Appeal recently overturned the dismissal of a lawsuit where the employee was fired while on a leave of absence...more
McGrory v. Applied Signal Tech. Inc., No. H036597 (January 24, 2013): A California Court of Appeal recently upheld the dismissal of a lawsuit where the employee refused to cooperate with a company investigation and claimed...more
On February 7, 2013, the California Supreme Court issued a unanimous opinion in Harris v. City of Santa Monica. The California high court upheld the “mixed-motive” defense in cases brought under California’s Fair Employment...more
In Wynona Harris v. City of Santa Monica, decided on February 7, 2013, the California Supreme Court addressed the following question...more
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