A drugstore employee got a renewed chance to make her case for damages after the California Court of Appeal threw out the damages award in her discrimination and wrongful termination case. According to the appeals court, the verdict that awarded the employee $0 in damages for intentional infliction of emotional…
Articles Posted in Employment Law
Ninth Circuit Revives County Employee’s Case Because Sheriff’s Hugs Could Amount to Harassment
A female county sheriff’s department employee, who allegedly endured 100 or more unwelcome hugs and at least one unwanted kiss on the cheek, got some good news recently when the Ninth Circuit Court of Appeals reversed a lower court’s decision throwing out her case. The appeals court’s ruling cleared the way…
California Supreme Court Rules Employee Allowed to Demand a Jury Trial for Wrongful Termination Claim
Your employment litigation case will contain many important decisions your legal team and you will have to make. In some cases, you will need to decide whether or not to demand a jury trial. In a recent ruling, the California Supreme Court announced that an employee asserting a common law wrongful…
Employer’s Neutral Application of Its Policies Dooms California Sales Representative’s FEHA Case
In a disability discrimination case, there are several things that can possibly help the employee win her claim. These may include an employer’s non-neutral manner of applying company policies or a failure to engage properly in the interactive process. For one pharmaceutical company sales representative, her employer did none of…
Appeals Court Upholds FEHA Liability Judgment in Favor of LAPD Academy Recruits
The Fair Employment and Housing Act requires employers to take certain steps to reasonably accommodate employees with disabilities. In some cases, one such possible accommodation is job reassignment. The law does not require employers to offer reassignment as an accommodation to job applicants. So how does the law classify certain…
California Counselor Allowed to Pursue Sexual Orientation Discrimination Case Even Though She Was Heterosexual
California law has significant legal protections to safeguard employees from workplace discrimination. You may wonder, however, what happens if you believe that you’re being targeted because of discrimination, even though you’re not a member of a historically disadvantaged group. For example, what if you believe your employer is discriminating against…
California Appeals Court Revives Producer’s Wrongful Termination Case Against CNN
As an employee, pursuing your wrongful termination case may mean clearing many hurdles. In one recent case that the Second District Court of Appeal decided in favor of the employee, the employee faced an extra leap: overcoming his employer’s anti-SLAPP defense. The appeals court concluded that the employer’s acts of…
California Supreme Court Refuses to Hear FEHA Case of Association Discrimination: What it Means for Employees and Employers
Sometimes, a court’s decision not to act can be enormously important in affecting the law. This was the case recently when the California Supreme Court refused to accept an employer’s appeal in a truck driver’s Fair Employment and Housing Act case. The high court’s refusal to issue an opinion in the…
Workplace Absences and How They Can Influence Your California Disability Discrimination Case
A recent case involving a radio DJ and her former employer is very useful in some of the lessons it imparts. Not the least of these are that you should not give up on your case at the first sign of a setback, and there can be more than one…
California Employee’s Criticism of Employer’s Policies’ Impact on Disabled Community Wasn’t Protected by FEHA
California’s prohibitions against employment discrimination, including those contained in the Fair Employment and Housing Act, provide significant protection to employees, guarding them against mistreatment in the form of improper discrimination. In addition to protecting certain groups like women, people of color, and religious minorities, the FEHA also protects some employees…