Posts in Discrimination & Harassment.
12.08.2017

Beginning January 1, 2018, California employers are required to display the “Transgender Rights in the Workplace” poster created by the Department of Fair Employment and Housing (“DFEH”).  Employers must place the poster in a prominent and accessible location in the workplace.

The DFEH published on its website the mandatory poster, which is available in English ...

11.09.2017

What kinds of provisions in arbitration agreements will cause the courts to invalidate them?  The Court of Appeal in the recent case of Baxter v. Genworth North America Corporation analyzed and rejected several of them, in upholding the denial of a motion to compel arbitration of an employee’s wrongful termination and discrimination claims.  Baxter v. Genworth North America (October 26, 2017 ...

11.01.2017

When can an employer be liable for failing to prevent a sexual assault or rape of an employee?  The California Court of Appeal in the recent case of M.F. v. Pacific Pearl Hotel Management, LLC (D070150, FOURTH APPELLATE DISTRICT, DIVISION ONE, 10/26/17), helped provide some answers to this question.

The plaintiff in the case worked as a housekeeper in a five-building hotel property.  One morning, the hotel’s ...

09.06.2017

On August 29, 2017, the Office of Management and Budget (OMB) informed the Equal Employment Opportunity Commission (EEOC) that it is suspending implementation of the EEO-1 form that was revised on September 29, 2016, in accordance with the OMB’s authority under the Paperwork Reduction Act (PRA).  This means that employers will not be required to report salary information with the EEO-1 Report due on March ...

05.05.2017

Many employers purchase Employment Practices Liability Insurance (“EPLI”) polices to protect themselves against employment-related lawsuits by current or former employees or job applicants, such as claims of alleged discrimination, harassment, retaliation, and wrongful termination.

The “Claims Made and Reported” Time Trap.

EPLI policies are often written on a “claims made and ...

02.22.2016

On February 17, 2016, the Department of Fair Employment and Housing (“DFEH”) issued first-of-its-kind guidance on transgender rights in the workplace.

The California Fair Employment and Housing Act (“FEHA”) prohibits unfair employment practices against an individual based on race, religion, color, national origin, ancestry, physical disability, mental disability, medical condition ...

05.14.2015

On April 29, 2015, the U.S. Supreme Court unanimously held that lower courts have authority to review whether the EEOC fulfilled its duty to attempt conciliation (typically through mediation with the parties) under Title VII of the Civil Rights Act of 1964. In that review, courts should narrowly consider whether the EEOC gave the employer notice and an opportunity to achieve voluntary compliance with Title ...

Tags: EEOC
02.26.2015

On January 21, 2015, the California Court of Appeal held that the City of Santa Monica (the “City”) did not fail to reasonably accommodate an employee, Tony Nealy, where Nealy was unable to perform the essential functions of the job and there were no alternate positions for which Nealy was qualified.  Nealy v. City of Santa Monica, (California Ct App 02/13/2015).  The court also found that the City did not have ...

07.01.2014

On June 30, 2014, the United States Supreme Court ruled that closely held for-profit corporations may object to the Affordable Care Act (“ACA”) mandate to offer health insurance with access to certain contraceptive methods under the Religious Freedom Restoration Act (“RFRA”).  In a 5-4 decision, the Court found that corporations are protected under the RFRA, as an extension of the protection of the ...

Tags: ACA
02.23.2013

In perhaps the first case to employ jury instructions based on the California Supreme Court’s recent holding in Harris v. City of Santa Monica that a plaintiff alleging discrimination in violation of the California Fair Employment and Housing Act (“FEHA”) must prove that discrimination was a “substantial factor” motiving the challenged action of the employer and not just a factor, in Rodriguez ...

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