A worker who was fired shortly after he was injured on the job and filed for workers’ compensation won a victory recently when the California Court of Appeal reversed a trial court’s decision to award summary judgment to his employer. The court decided that, based upon the type of claim…
Articles Posted in Employment Law
California Lender Employee Fired for Stealing, Not Domestic Violence Absences from Work
An employee fired after taking several absences resulting from domestic violence was unable to maintain her discrimination lawsuit against her former employer. The California Court of Appeal upheld a judgment for the employer, concluding that the employee lacked necessary evidence to establish that the employer’s true reason for terminating her…
Southern California Coach Sues University, Claims Termination Constituted Discrimination Against His Disability of Alcoholism
One of the potentially tricky issues an employer can face involves dealing with an employee who is an alcoholic, or otherwise uses drugs or alcohol. Under the Fair Employment and Housing Act, alcoholism is a recognized disability, so taking an adverse employment action based solely on the employee’s alcoholism is problematic.…
Timing Proves Critical to Failure of Employer’s Defense in California Woman’s Pregnancy Discrimination Case
A former employee at a financial firm was entitled to damages and attorneys’ fees for pregnancy discrimination, according to a Los Angeles County trial court. The California Court of Appeal recently upheld that decision in the woman’s Fair Employment and Housing Act case, since the employer failed to prove that it…
California Gas Company’s Psychological Evaluation Demand Was Reasonable in Light of Employee’s Stalking Behavior
A gas company dispatcher, who sent her former supervisor hundreds of text messages, phone calls and emails, even after receiving explicit instructions to stop from the former supervisor and her current supervisor, was not able to support a claim of retaliation in violation of the Fair Employment and Housing Act…
Statute’s Religion Exemption Blocks California Teacher’s FEHA Claim
A teacher who was the victim of an ongoing pattern of harassment at the hands of students at the school where she taught received a mixed result in her legal action against the school and the Catholic archdiocese that ran it. The US District Court for the Northern District of…
Harassment Not Sufficiently Severe, Pervasive to Allow California Spa Worker to Win Case
A spa employee managed to persuade a jury both that she was on the receiving end of sexual harassment while performing her job and that her employer failed to take the necessary steps required to prevent harassment or discrimination from occurring. However, in spite of all this, the employee ultimately…
Governor Signs New California Law to Expand Definition of Protected Activities under FEHA
In July of this year, Governor Jerry Brown signed AB 987 into law. That legislation provided an important benefit to employees seeking religious or disability-related accommodations in the workplace. Under the new law, the act of requesting a disability or religious accommodation is now a protected activity under the Fair…
Supervisors, Stress, and Your California Disability Discrimination Case
Many dramas and comedies, on both the small and big screens, have focused on the ups and downs of workplace life. In some situations, though, the conditions at a place of employment can go beyond just normal irritations and inconveniences. One employee, who suffered a stress condition because of her…
California Supreme Court Says Employers Can’t Recover Costs in Non-Frivolous Discrimination Suits
If you’ve suffered discrimination at the hands of your employer, you have a lot to worry about. It is very possible your employer wrongfully terminated you. Even if you succeeded in finding a new job, you probably went through a period of joblessness. For many people, the prospect of taking…