Bias Lawsuit Filed One Day After Expiration of Statute of Limitations Might Go Forward

?Takeaway: The one-year period given to an employee to file a bias lawsuit under FEHA after the DFEH has concluded its processing of the complaint may be extended when the employee missed the... Read more »

Court Overturns California Law Requiring Women on Boards of Directors

?A recent ruling in Los Angeles Superior Court overturned California’s law requiring companies to include women on their boards of directors. The court found that the state’s gender diversity rule violates the... Read more »

Concerns About Employee’s Behavior Help Employer Win Case

?Takeaway: This case serves as a reminder for employers of the importance of putting employees on notice of unsatisfactory behavior and documenting disciplinary conversations prior to termination. Indeed, in affirming summary judgment... Read more »

Officer’s Retaliation, Discrimination Claims Dismissed

?Takeaway: An employer can generally take protective steps to address perceived psychological issues that may portend workplace violence, particularly with respect to a public safety employee. ?A law enforcement officer for the... Read more »

Misgendering on EEO-1 Form Is Common

?The U.S. Equal Employment Opportunity Commission (EEOC) thus far has not added a box on the EEO-1 form to designate the gender of employees who are nonbinary. Employers unaware of the option... Read more »

Court Revives Temporary Worker’s Claim Against Contractor’s Client

?Takeaway: A company can potentially avoid being subject to federal employment laws by having contractors supply staff for events. However, the company should avoid dictating contractor staffing decisions or else the company... Read more »

Request for FMLA Leave Can Serve as Request for ADA Accommodation

?Takeaway: Employers should process an employee’s leave request relating to a potential disability even if the basis of the request is unclear. Courts may overlook deficiencies in the request like asking for... Read more »

3 of 4 Age Discrimination Claims Rejected, 1 Survives

?Takeaway: This is, on the whole, a helpful case for employers. It is a reminder that even with the FEHA’s strong protections for employees, plaintiffs must still provide sufficient evidentiary support to... Read more »

High Court: Emotional Distress Damages Aren’t Available Under Section 504 or the ACA

?The U.S. Supreme Court ruled on April 28 that emotional distress damages aren’t available in discrimination claims under Section 504 of the Rehabilitation Act or the Affordable Care Act (ACA). We’ve gathered... Read more »

Manager Fired for ‘Falsification’ Loses Age Discrimination Claim

?Takeaway: A claim of pretext essentially is a claim that the company is lying about an action taken against an employee. Here are three things to remember when defending against a claim... Read more »
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