When you are pursuing your employer for employment discrimination, there are paths you can choose and sometimes some hurdles to clear in choosing a course that will give you a good chance of obtaining the successful outcome you need and deserve. Sometimes, one of these hurdles is avoiding having your case…
Articles Posted in Employment Law
California Worker Can Pursue Employment Contract, But Not Disability Discrimination, Claim Based Upon Medical Marijuana Use
A recent federal court ruling issued an important reminder about how far the Fair Employment and Housing Act’s protections against disability discrimination do, and do not, go. The federal district court in the Eastern District of California explained that the FEHA clearly does not prohibit employers from terminating employees for…
California Employee Allowed to Continue Disability Discrimination Case Despite Failure to Obtain Doctor’s Note About Limitations
A recent federal court ruling in a disability discrimination case filed under the Fair Employment and Housing Act can offer important knowledge to employers regarding the interactive process when it comes to employees with disabilities. In this ruling, the U.S. District Court, Eastern District of California refused to award a…
California Employees, Fitness-for-Duty Psychological Exams, and FEHA Compliance
A recent ruling by a federal District Court in San Francisco provides a useful reminder to both employees and employers of the narrow circumstances in which the employers may demand psychological fitness-for-work examinations without violating the Fair Employment and Housing Act, due in part to the potentially powerful negative impacts…
EEOC’s Investigation in California Man’s Discrimination Claim Extends Filing Deadline, Making Lawsuit Timely
When you have a potential employment discrimination case, there are many legal procedural hurdles you may have to clear. One of these is making sure that you file the appropriate legal documents before the deadline for filing passes. Filing late could mean losing out entirely on the chance to pursue…
California Appeals Court Upholds $16M Judgment in Age Discrimination Case
An employer who was 64 years old when his employer terminated his employment, allegedly for stealing a bell pepper from the workplace cafeteria, recently received some good news from the California Court of Appeal. That court upheld a lower court’s verdict in his favor and the $16 million damages award that…
Courts Refuse to Allow San Francisco Mechanic to Pursue Title VII, FEHA Claims Over Noose Hung in the Workplace
The imagery of a hanging noose often carries with it strong connotations, particularly for African-Americans. Despite this image’s potency, a federal court decided that an African-American worker’s discovery of a noose hanging at his work site was not enough to allow the employee to proceed with a hostile work environment…
California Deputy Wins Appeal Because Disability Discrimination Cases Don’t Require Proof of an Employer’s Ill Will
A recent California Court of Appeal case from Northern California reaffirms the difference between disability discrimination cases and other types of disability matters. In this 2016 decision, the court re-affirmed that, if an employee is alleging that his employer discriminated based upon his disability or perceived disability, he is not…
California Appeals Court Rules that FEHA Protections Cover Employees who Have Family Members With Disabilities
A groundbreaking new California Court of Appeal ruling has expanded the rights of workers under the Fair Employment and Housing Act, establishing that not only does that law protect employees with disabilities, but also it protects employees with family members who have disabilities. In the recent case, the court announced,…
Arbitration Clauses in Employment Contracts and Your California FEHA Violation Claim
Two actors who accused their employer of maintaining a hostile work environment in violation of the Fair Employment and Housing Act successfully persuaded the California courts not to enforce the arbitration clauses in their employment contracts. While employers can demand arbitration of FEHA claims in some situations, the California Court…