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California Fair Employment and Housing Act Employer Liability Issues

Thompson Coburn LLP

California Employers, Are You Ready for 2026? 10 Things to Watch Out For

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It’s that time of year again! The California legislature has been quite busy enacting and Governor Newsom has signed into law several new laws affecting California employers. As 2025 winds down, here are 10 new laws...more

Lewitt Hackman

Off-the-Clock: What Employers Should Do When an Employee Complains about After Hours Misconduct

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Generally, a coworker’s misconduct outside of work does not constitute harassment under the Fair Employment and Housing Act (FEHA). However, management or Human Resources receiving complaints should not ignore such...more

Seward & Kissel LLP

Employment Litigation Roundup: September 2025

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FTC retreats from broad non-compete ban but signals increased case-by-case scrutiny of non-competes will continue - On September 5, 2025, the Federal Trade Commission (the “FTC”) voluntarily dismissed its appeal in the...more

DLA Piper

California AI employment regulations take effect: Top points

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On October 1, 2025, regulations took effect that amend the California Fair Employment and Housing Act (FEHA)’s regulatory framework and regulate the use of artificial intelligence (AI) in employment within the state....more

Saul Ewing LLP

California’s AI Hiring Rules Are Here—What Employers Need to Know

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On June 27, 2025, the Civil Rights Council of the California Civil Rights Department finalized amendments to regulations enacted under the Fair Employment and Housing Act (“FEHA”) that impose sweeping new regulatory...more

Proskauer - California Employment Law

Employer Not Liable For Co-Worker’s Off-Duty Conduct, But Should Have Better Protected Employee

Kruitbosch v. Bakersfield Recovery Servs., Inc., 2025 WL 2600238 (Cal. Ct. App. 2025) - A coworker (Lisa Sanders) of plaintiff Steven Kruitbosch allegedly subjected him to crude sexual advances at his home and via his...more

Proskauer - California Employment Law

Prevailing Employee’s Counsel Was Entitled To Attorney’s Fees of $4.9 Million

Bronshteyn v. Department of Consumer Affairs, 2025 WL 2658416 (Cal. Ct. App. 2025) - Diana Bronshteyn, who was diagnosed with fibromyalgia, sued her employer (the Department of Consumer Affairs) for disability...more

Ervin Cohen & Jessup LLP

News of Recent Terminations at High Profile Companies Revives Questions Regarding a Private Employer’s Ability to Terminate...

News of several firings based on an employee’s social media post discussing recent events has rekindled the question of whether a private employer can terminate an employee for their social media activity. ...more

McDermott Will & Schulte

California’s new AI rules under FEHA take effect October 1, 2025

Beginning October 1, 2025, California employers must comply with new Fair Employment and Housing Act (FEHA) regulations on the use of artificial intelligence (AI) and automated decision systems (ADS) in hiring and employment....more

Ervin Cohen & Jessup LLP

California's Civil Rights Council Approves New Regulations On AI In Employment

The California Civil Rights Council has approved new regulations that clarify how existing anti-discrimination laws under the Fair Employment and Housing Act (“FEHA”) apply to the use of artificial intelligence (AI) and...more

Proskauer - California Employment Law

Employer Not Liable For Co-Worker’s Harassing Off-Duty, Off-Premises Conduct But Should Have Better Protected Employee

In Kruitbosch v. Bakersfield Recovery Services, Inc., the California Court of Appeal—for the first time—addressed the issue of employer liability for harassment by a non-supervisory co-worker during non-working hours and...more

Berkshire

State of California to regulate use of AI in employment

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Effective October 1, 2025, significant revisions to Title 2 of the California Code of Regulations goes into effect. The regulations manage the enactment of the state’s Fair Employment and Housing Act (FEHA) and the...more

Holland & Hart LLP

California's New AI Employment Rules and the Workday Lawsuit: What HR Needs to Know

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Starting October 1, 2025, California’s new regulations on Automated Decision Systems (ADS) will impose strict compliance obligations on employers using AI in hiring, promotions, evaluations, and other employment decisions....more

Troutman Pepper Locke

Labor and Employment Developments in California in 2025

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California often finds itself at the forefront of labor and employment law, with changes affecting employers each year. This year is no different. In 2025, employers can expect a variety of impactful changes to the...more

Oppenheimer Investigations Group

The Good, the Bad, and the Mediocre: Conducting Investigations that Pass Muster in Related Litigation and Arbitration

Presumably, the decision must have seemed reasonable to the employer at the time. It was 2010, and Romeo Mendoza, a nurse and mid-level supervisor at Western Medical Center Santa Ana (known as Orange County Global Medical...more

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

California Labor Code Section 132a—When Claims of Discrimination Are Brought Before the Workers’ Compensation Appeals Board

Pursuant to Labor Code section 132a, California has declared that “there should not be discrimination against workers who are injured in the course and scope of their employment.”...more

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

California Employers, Get Ready! Wide Range of Employment-Related Laws Will Take Effect January 1, 2025

New California employment laws are scheduled to take effect on January 1, 2025. These laws address a variety of issues, including the state minimum wage, discrimination protections, paid time off, and employers’ messages...more

Hinshaw & Culbertson - Employment Law...

The 12 Days of California Labor and Employment Series – Day 4 "Local Enforcement of Discrimination Protections Now in Play"

In the spirit of the season, we are using our annual "12 Days of California Labor and Employment" blog series to address new California laws and their impact on employers.  On the fourth day of the holidays, my labor and...more

Hinshaw & Culbertson - Employment Law...

The 12 Days of California Labor and Employment Series – Day 3 "Further Expansions in Discrimination Protections"

In the spirit of the season, we are using our annual "12 Days of California Labor and Employment" blog series to address new California laws and their impact on employers. On the third day of the holidays, my labor and...more

Hinshaw & Culbertson - Employment Law...

The 12 Days of California Labor and Employment Series – Day 2 "Requiring a Driver’s License May Not Be Wise"

In the spirit of the season, we are using our annual "12 Days of California Labor and Employment" blog series to address new California laws and their impact on employers. On the second day of the holidays, my labor and...more

Hinshaw & Culbertson - Employment Law...

The 12 Days of California Labor and Employment Series – Day 1 "Additional Protections for Victims of Violence"

The end of one thing is always the beginning of another. That also rings true for years end and new employment laws. It is time, once again, for all California employers to sit down, buckle up, and get ready for the 2025...more

Seyfarth Shaw LLP

Recent Appellate Court Ruling Serves As a RoadMap For Summary Judgment On Fact-Specific Disability Discrimination Cases

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While motions for summary judgment are usually tricky to obtain in fact-laden employment cases alleging discrimination, failure to accommodate, and failure to engage in the interactive process, the Court of Appeal recently...more

Epstein Becker & Green

California Is the First State to Adopt Intersectionality of Protected Characteristics

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California continues to be the birthplace of ideas that complicate employment laws....more

Seyfarth Shaw LLP

CA Legislative Update: Bills That Made the Final Cut For 2024

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With the Governor’s September 30 deadline to sign bills behind us, we review the employment bills that made the cut to become laws, as well as those that didn’t survive the season. The most notable new laws read...more

Fox Rothschild LLP

More Protected Time Off Provisions for CA Employers (AB 2499)

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It can be so confusing to understand whether and when an employee’s missed shift can be grounds for discipline. For example, you can’t discipline an employee, even if they call off at the last minute, if they have statutory...more

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