Total Articles: 10
Jackson Lewis P.C. • June 06, 2018
On May 17, 2018, California’s Fair Employment and Housing Commission (“FEHC”) published the final text of its “Regulations Regarding National Origin Discrimination” (to be codified at 2 Cal. Code Regs. §§ 11027 & 11028). The regulations, which become effective July 1, 2018, expand the definition of “national origin” for purposes of the Fair Employment and Housing Act (“FEHA”).
Fisher Phillips • July 03, 2014
On June 26, 2014, the California Supreme Court decided that an employee may proceed with a discrimination lawsuit even though he presented false work authorization documents to obtain employment in the first place.
Ogletree Deakins • December 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 against him based on his association with his disabled sister to whom he planned to donate a kidney.
Ogletree Deakins • October 28, 2013
Alamo v. Practice Management Information Corp., No. B230909 (September 5, 2013): In Alamo, a former employee who was fired upon her return from maternity leave brought a lawsuit for pregnancy discrimination in violation of the California Fair Employment and Housing Act (FEHA) and wrongful termination in violation of public policy. After the trial judge partially granted and partially denied the employer’s motion for summary judgment, the case was heard by a jury. The jury returned a verdict in favor of the employee and awarded her damages in the amount of $10,000. The trial judge then awarded attorneys’ fees and costs to Alamo as the prevailing plaintiff under FEHA.
Ogletree Deakins • September 05, 2013
This past February, the California Supreme Court addressed the viability of a mixed-motive defense to employment discrimination claims brought under the Fair Employment and Housing Act (FEHA) in the Harris v. City of Santa Monica case. The court held that where an employee demonstrates the employer’s adverse action was substantially motivated by discrimination but the employer demonstrates the employee would have been discharged even in the absence of any discriminatory intent, then a court cannot award back pay, damages, or reinstatement. However, where the unlawful discrimination was a “substantial factor” in the employment decision, the court held that the employee may be entitled to other remedies in the form of declaratory relief, injunctive relief, and attorneys’ fees and costs. For a detailed analysis on the Harris case, see our article, “California Supreme Court Rejects Damages, Back Pay, and Reinstatement Where Employer Proves Legitimate Mixed-Motive.”
FordHarrison LLP • February 14, 2013
Executive Summary: According to a new California Supreme Court opinion, once an employee claiming discrimination demonstrates that a discriminatory reason for his or her termination substantially motivated an adverse employment decision, the employer is entitled to show that a legitimate, non-discriminatory reason would have led it to make the same decision. If the employer is able to demonstrate that, notwithstanding any discriminatory reason for the decision, it was actually motivated by a non-discriminatory reason, the employee is not entitled to monetary damages, back pay or reinstatement, but may still be entitled to an injunction or an award of attorneys' fees and costs.
Fisher Phillips • February 12, 2013
On February 7, 2013 the California Supreme Court, in a unanimous decision, affirmed that backpay and reinstatement are not available remedies for a plaintiff under the Fair Employment and Housing Act (“FEHA”) when an employer has proved by a preponderance of evidence that it would have made the same decision to terminate that individual for lawful reasons. The legal impact of the much-anticipated decision is far reaching. Wynona Harris v. City of Santa Monica.
Ogletree Deakins • February 08, 2013
On February 7, 2013, the California Supreme Court issued a long-awaited decision on whether the “mixed-motive” defense applies to employment discrimination claims under the California Fair Employment and Housing Act (FEHA). The court held that where an employee demonstrates that unlawful discrimination was a substantial motivating factor in a challenged adverse employment action, and the employer proves that it would have made the same decision absent such discrimination, a court may not award damages, back pay, or reinstatement. Harris v. City of Santa Monica, No. S181004, California Supreme Court (February 7, 2013).
Ogletree Deakins • January 26, 2012
Earlier this week, a state appellate court held that an employee failed to introduce substantial evidence under the Fair Employment and Housing Act (FEHA) that his employerâ€™s decision to terminate his employment was motivated by retaliatory animus. According to the California Court of Appeal, the employee, who was fired for allegedly making false statements related to his sexual harassment complaint against his supervisor, could not show that his employerâ€™s stated reason for firing him was pretextual. Joaquin v. City of Los Angeles, No. B226685, California Court of Appeal (January 23, 2012).
Ogletree Deakins • August 16, 2010
On August 5, the California Supreme Court handed down its decision in Reid v. Google, Inc., an age discrimination case that was dismissed at the trial court level on summary judgment. The trial judge dismissed the case after finding that “stray remarks” by individuals who had no involvement with the decision to terminate the plaintiff’s employment were insufficient evidence of discrimination to send the case to trial. The Court of Appeal reversed the trial judge’s order granting the employer summary judgment and held that the stray remarks by the non-decision makers was admissible to prove his claim of discrimination. The California Supreme Court agreed and rejected the strict application of the “stray remarks doctrine” in California discrimination cases.