The deadline for employers to comply with California’s pay data reporting requirement (Senate Bill 973) and submit pay data to the Department of Fair Employment and Housing (DFEH) is March 31, 2021.
Articles Discussing California Age Discrimination Claims.
Executive Summary: On July 22, 2019, the Ninth Circuit withdrew its recent decision applying the landmark employee/independent contractor classification case, Dynamex, retroactively and indicated that it will be certifying the question to the California Supreme Court.
Employees can use statistical evidence to establish a prima facie case of age discrimination under California Fair Employment and Housing Act (“FEHA”), the federal appeals court in San Francisco has held. Schechner v. KPIX-TV, No. 11-15294 (9th Cir. May 29, 2012). The statistics, however, must present a sufficiently strong showing of a stark contrast in impact on protected classes, the Court emphasized. The plaintiffs in this case, however, failed to overcome the “same actor inference” to show the employer’s legitimate business reasons for their layoff were pretextual. Therefore, the Court affirmed summary judgment in favor of the employer.