News & Analysis as of September 19, 2024

California Fair Employment and Housing Act

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

California Employment Law Notes - July 2018

Proskauer - California Employment Law on 7/12/2018

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

Failure to Investigate and Fat-Shaming Permit Employment Claims to Proceed

Seyfarth Shaw LLP on 1/2/2018

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

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

Orrick - Employment Law and Litigation on 9/1/2017

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

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

Ballard Spahr LLP on 7/25/2017

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

Scary as Dinosaurs: California’s Genetic Information Discrimination Code

Seyfarth Shaw LLP on 6/15/2017

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

Opposing Employer Actions Directed at General Public Not Protected Activity

Seyfarth Shaw LLP on 11/21/2016

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

Finally! Something That's Not "Protected Activity" in California

FordHarrison on 11/16/2016

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

FEHC Proposed Criminal History Regulations Put Employers in Hot Seat

Seyfarth Shaw LLP on 5/12/2016

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

All in the Family: California Court Holds Employers Have to Accommodate Disability of Employee's Family Member

Littler on 4/12/2016

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

California Confectioner Defeats Worker’s Age Discrimination Claim

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/4/2015

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

Unauthorized Work Status Does Not Bar Discrimination Claims

Hinshaw & Culbertson LLP on 7/3/2014

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

Ringing in the New Year: A Summary of New California Employment Laws for 2014

Buchalter on 12/20/2013

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

Employment Law -- Dec 20, 2013

Manatt, Phelps & Phillips, LLP on 12/20/2013

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

California Court Further Expands FEHA Protections To Employees Based On Association With Disabled Person

Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/17/2013

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

Fenwick Employment Brief - July 2013: U.S. Supreme Court Decides Several Employment and Employment-Related Cases

Fenwick & West LLP on 7/23/2013

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

Employment Law Reporter – April 2013: "We won! Wait, no, we lost!": The Narrative Arc of a Disability Discrimination Lawsuit

Ervin Cohen & Jessup LLP on 4/8/2013

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

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Hiring & Firing › Discrimination › California Fair Employment and Housing Act

California Employment Law Notes - July 2018

Failure to Investigate and Fat-Shaming Permit Employment Claims to Proceed

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

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

Scary as Dinosaurs: California’s Genetic Information Discrimination Code

Opposing Employer Actions Directed at General Public Not Protected Activity

Finally! Something That's Not "Protected Activity" in California

FEHC Proposed Criminal History Regulations Put Employers in Hot Seat

All in the Family: California Court Holds Employers Have to Accommodate Disability of Employee's Family Member

California Confectioner Defeats Worker’s Age Discrimination Claim

Unauthorized Work Status Does Not Bar Discrimination Claims

Ringing in the New Year: A Summary of New California Employment Laws for 2014

Employment Law -- Dec 20, 2013

California Court Further Expands FEHA Protections To Employees Based On Association With Disabled Person

Fenwick Employment Brief - July 2013: U.S. Supreme Court Decides Several Employment and Employment-Related Cases

Employment Law Reporter – April 2013: "We won! Wait, no, we lost!": The Narrative Arc of a Disability Discrimination Lawsuit

Employee’s Wrongful Termination And Defamation Claims Were Properly Dismissed

California Employment Law Notes - March 2013

Fenwick Employment Brief - March 2013

Engage—Before You Fire

California Employer Should Have Engaged In Interactive Process Before Firing Employee

Court Rejects FEHA Claim Brought By Fired Department Manager

California Supreme Court Issues Employer-Friendly Decision on Mixed-Motive Defense

California Supreme Court Splits The Baby In Mixed-Motive Employment Discrimination Case

California Supreme Court's "Mixed Motive" Ruling May Have Major Impact on Fair Employment and Housing Claims

Hiring & Firing › Discrimination › California Fair Employment and Housing Act

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