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 -

Religious Institutions Update: July 2024

Holland & Knight LLP on 7/12/2024

Vaccine Exemption Policy Requiring Citation to Official Doctrine Violates First Amendment Madison Houghton and Nathan A. Adams IV In Does 1-11 v. Bd. of Regents of Univ. of Colorado, 100 F. 4th 1251 (10th Cir. 2024), former...more

Supreme Court Decides LGBTQ Are Protected From Workplace Discrimination

Ervin Cohen & Jessup LLP on 6/18/2020

In a landmark 6-3 ruling, the Supreme Court of the United States held that workplace discrimination on the basis of an employee’s LGBTQ status is in violation of Title VII of the Civil Rights Act of 1964. The Court’s opinion...more

Church Affiliate Is Exempt From FEHA Liability, But Liable for $1.9 Million On Other Theories

Proskauer - California Employment Law on 1/15/2020

Mathews v. Happy Valley Conference Ctr., 2019 WL 6769659 (Cal. Ct. App. 2019) - Jeremiah Mathews worked as a maintenance supervisor and cook for Happy Valley Conference Center, which is a subordinate affiliate of...more

Religious Employer Prevails Over Allegations That It Waived Religious Entity Exemption From FEHA

Weintraub Tobin on 12/23/2019

In 2018, this author blogged about how religious entities can navigate the potential traps when they seek to comply with the federal laws against anti-harassment, discrimination and retaliation laws by adopting handbook...more

California Employment Law Legislative Update 2020

Perkins Coie on 11/6/2019

With the California legislative year now closed, we know which proposals became reality and offer insight into their likely impact on California employers in the coming year. The following update provides a brief overview of...more

Key California Employment Law Cases: June 2019

Payne & Fears on 8/29/2019

This month's key California employment law cases involve EEOC charges, disability discrimination, and meal breaks....more

California Employment Law Notes - May 2019

Proskauer - California Employment Law on 5/17/2019

Strict Independent Contractor Test Applies Retroactively - Vazquez v. Jan-Pro Franchising Int'l, 2019 WL 1945001 (9th Cir. 2019) - Last year, the California Supreme Court in Dynamex Ops. W. Inc. v. Superior Court, 4...more

California Employment Law Notes - March 2019

Proskauer - California Employment Law on 3/18/2019

Eddie Money Beats Discrimination Lawsuit Based On Free Speech Right - Symmonds v. Mahoney, 31 Cal. App. 5th 1096 (2019) - After 41 years, singer/songwriter Edward Joseph Mahoney (aka "Eddie Money") terminated the...more

Hire With Less Risk: Limits On Employment Candidate Inquiries In California

Davis Wright Tremaine LLP on 2/1/2019

California state and local legislation has made the employment application and interview process nearly as nerve-wracking for employers as it is for prospective candidates. From salary history to criminal history, topics once...more

Blindfolding Employers: New Laws in California Further Restrict Job Applicant Information

Farella Braun + Martel LLP on 5/4/2018

The state of California has long led the nation in regulating the employment relationship. From continuously expanding the classes of employees protected under its anti-discrimination laws, to passing one of the nation’s most...more

Ninth Circuit Holds Prior Salary Cannot Justify Wage Differences

Sheppard Mullin Richter & Hampton LLP on 4/11/2018

Enacted in 1963, the Equal Pay Act prohibits differential payments between male and female employees doing equal work except when made pursuant to a seniority system, a merit system, a system which measures earnings by...more

California Employment Law Notes - March 2018

Proskauer - California Employment Law on 3/23/2018

Former LA Times Columnist's Age/Disability Discrimination Judgment Upheld, New Trial On Damages Ordered - Simers v. Los Angeles Times Commc'ns, LLC, 18 Cal. App. 5th 1248 (2018) - T.J. Simers, a well-known sports...more

California Employment Law Notes - January 2018

Proskauer - California Employment Law on 1/17/2018

Trial Court Erroneously Granted Bill Cosby's Anti-SLAPP Motion - Dickinson v. Cosby, 17 Cal. App. 5th 655 (2017) - After Janice Dickinson went public with her accusations of rape against Bill Cosby, Cosby's attorney...more

FEHA Regulations Amended Regarding Consideration of Criminal History in Employment Decisions

Allen Matkins on 6/8/2017

Effective July 1, 2017, the regulations under the Fair Employment and Housing Act will identify new circumstances in which employers may face liability for considering criminal history in making employment decisions such as...more

Refusal to Rescind Employee’s Resignation Not an Adverse Employment Action

Seyfarth Shaw LLP on 4/24/2017

Seyfarth Synopsis: The California Court of Appeal has held that an employer’s refusal to honor an employee’s rescission of a voluntary resignation is not an adverse employment action under the Fair Employment and Housing Act....more

California Employment Law Notes - March 2017

Proskauer - California Employment Law on 3/9/2017

Victoria Zetwick, a county correctional officer, alleged that the county sheriff created a sexually hostile environment in violation of Title VII and the California Fair Employment and Housing Act by, among other things,...more

California Employment Law Notes - September 2016

Proskauer - California Employment Law on 9/12/2016

Ninth Circuit Strikes Down Employer's Class Action Waiver - Morris v. Ernst & Young, LLP, 2016 WL 4433080 (9th Cir. 2016) - As a condition of employment, Stephen Morris and Kelly McDaniel were required to sign...more

Employment Law - August 2016

Manatt, Phelps & Phillips, LLP on 8/29/2016

Arbitrator or Judge? California Supreme Court Weighs in - Why it matters - Yet again, the California Supreme Court considered arbitration in the context of an employment agreement, this time reflecting on whether a...more

California Employment Law Notes - July 2016

Proskauer - California Employment Law on 7/14/2016

Employer Is Entitled To Recover $4 Million In Attorney's Fees From EEOC - CRST Van Expedited, Inc. v. EEOC, 578 U.S. ___, 136 S. Ct. 1642 (2016) - The EEOC filed suit against CRST (a trucking company) alleging...more

Employment Law Commentary, March 2016

Morrison & Foerster LLP on 3/31/2016

The California Fair Employment And Housing Council Issues Proposed Regulations To Limit Consideration Of Criminal History In Employment Decisions - Employers take great measures to avoid hiring dangerous employees—not...more

Employers: Criminal History Inquiries May Get Tricky

Lewitt Hackman on 3/2/2016

Last week the California Fair Employment and Housing Council of the Department of Fair Employment and Housing (or, in short, the Council) announced its proposed amendment to the California Code of Regulations, aiming to...more

Handling Applicant Criminal Records to Avoid Disability Discrimination Claims

Seyfarth Shaw LLP on 2/26/2016

With the 2016 hiring season well under way, California employers are well advised to reconsider their use of criminal records in making hiring decisions. Although employers are probably aware of “ban the box” and other...more

Can Kim Davis Be Fired? What CA Employers Should Know About Religious Accommodations

Lewitt Hackman on 9/16/2015

Last June, the U.S. Supreme Court determined that same-sex marriages are a fundamental liberty protected by the 14th Amendment of the U.S. Constitution – and that states must issue marriage licenses to same-sex couples....more

Wacky Employee Claims: What Employers Can Learn From Outlandish Situations

Lewitt Hackman on 7/22/2015

Think you've heard every cautionary workplace tale? Believe it or not, you probably haven't – the real question is, how prepared are you to handle wildly unusual complaints, extreme accommodation requests, and highly awkward...more

Employment Law - June 2015

Manatt, Phelps & Phillips, LLP on 6/15/2015

Actual Knowledge by Employer Not Necessary for Title VII Religious Discrimination Claim, U.S. Supreme Court Rules - Why it matters: In a closely watched case, the U.S. Supreme Court sided with a teenage applicant to...more

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