Posts in Discrimination & Harassment.

 In a 7-2 decision authored by Justice Alito, the U.S. Supreme Court reaffirmed the ministerial exception set forth in Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, 565 U.S. 171 (2012).  (Our Lady of Guadalupe School v. Morrissey-Berru, Case Nos. 19-267 and 19-348 (July 8, 2020)(“OLG”)).

In an effort to provide employers with more tools to make their workplace safe, the EEOC gave the green light on Thursday April 23, 2020, to test employees for COVID-19.  This announcement comes on the heels of guidance issued last week that confirmed that employers may take temperatures and make inquiries of their employees relating to symptoms of COVID-19. 

In Anthony v. TRAX International Corp. (April 17, 2020, Case No. 18-15662), the Ninth Circuit held the limitation of using after-acquired evidence to merely mitigate damages did not extend to evidence used to show that an Americans with Disabilities Act (“ADA”) plaintiff is not a qualified individual, an element of a prima facie case of disability discrimination.

In an age discrimination case filed by a federal Department of Veterans Affairs employee, the U.S. Supreme Court held that a federal employee or applicant may establish that an adverse personnel action took place by showing that their age was simply a “motivating factor” in the federal employer’s decision.  Babb v. Wilkie 589 U.S. __ (2020).

California Department of Fair Employment and Housing Issues New Guidance on Mandatory Sexual Harassment Training

In light of recent amendments to SB 1343, the California Department of Fair Employment and Housing (“DFEH”) issued an updated FAQ which sheds light on areas of ambiguity for employers regarding sexual harassment prevention training.   

Deadline for Sexual Harassment Prevention Training Extended to January 1, 2021 for Some Employees

On August 30, 2019, California Governor Gavin Newsom signed urgency legislation to extend the deadline to provide certain employees required sexual harassment training until January 1, 2021.  (Senate Bill 778).  Last year, Senate Bill 1343 amended Government Code section 12950.1 to require employers with five or more employees to provide two hours of sexual harassment prevention training to all supervisory employees and one hour of sexual harassment prevention training to all nonsupervisory employees by January 1, 2020.   

California Courts Issue Twin Decisions Enforcing Arbitration Agreements

In two decisions issued within the last month, the California appellate courts broadened the circumstances under which agreements to arbitrate civil claims can be enforced. One court held that an employee effectively entered into an agreement by continuing to work for the company around the same time a claim was filed, while another held that an arbitration agreement applied to a claim even after a lawsuit was filed. The two cases clarified the availability of arbitration agreements to insulate employers from the prospect of jury trials in both such situations.

On April 10, 2019, the U.S. Equal Employment Opportunity Commission (EEOC) released a detailed breakdown of workplace discrimination charges the agency received in fiscal year 2018, which ended on September 30, 2018.  The enforcement and litigation statistics are available on the EEOC website.

Courts and Legislature Have Worked to “Defang” the Effectiveness of Section 998 Offers

In the recent case of Huerta v. Kava Holdings, Inc., 2018 WL 5999639 (Cal. Ct. App. Nov. 14, 2018), the California Court of Appeal held that a prevailing employer that made a section 998 settlement offer to the plaintiff in an action brought under the Fair Employment and Housing Act (“FEHA”) was not entitled to costs and expert witness fees incurred after the plaintiff’s rejection of the offer.

Employers who are faced with sexual harassment or sexual abuse claims by a current or former employee now have another problem to consider – are the settlement payment and related attorney’s fees incurred in settling the claim deductible?  Unfortunately, the answer to that question may now be no.

Other AALRR Blogs

Recent Posts

Popular Categories

Contributors

Archives

Back to Page

By scrolling this page, clicking a link or continuing to browse our website, you consent to our use of cookies as described in our Cookie and Privacy Policy. If you do not wish to accept cookies from our website, or would like to stop cookies being stored on your device in the future, you can find out more and adjust your preferences here.