Articles Posted in Employment Discrimination

The United States Supreme Court is set to address whether emotional distress damages are available to those who prove disability discrimination under federal law. Disability discrimination can impact a person and their family in a myriad of ways. While a financial loss is the most apparent, emotional distress can have a life-changing impact on a…

The Court of Appeals of California recently issued an opinion addressing several employment claims, including whether a union may be responsible for aiding and abetting discrimination. The plaintiff in this matter filed a wrongful termination case against his employer, a janitorial services company, and the union that represents the employer. The relevant issue on appeal…

California’s anti-SLAPP statute refers to the Strategic Lawsuits Against Public Participation. Lawmakers designed the statute to protect those who wish to speak out about public policy issues against more powerful corporate entities. In California, the term primarily refers to lawsuits stemming from discouraging speech about significant issues or public participation in governmental proceedings. While the…

Recently the Court of Appeals issued a decision in a California employment discrimination case involving several claims, including pregnancy-related and sex discrimination. The plaintiff asserts that her employer, a dental group, terminated her position because she attempted to become pregnant. In response, the defendant argued that the decision did not stem from discrimination. Instead, the…

The Supreme Court of California recently issued a decision in a California employment case alleging the unlawful refusal to promote, holding that the statute of limitations begins to run when the employee knows or should have known about the employer’s unlawful refusal to promote. In that case, the employee was a customer service representative and…

A state appellate court recently issued a decision in a plaintiff’s appeal regarding a trial court’s response to a jury question in a California hostile workplace lawsuit. The plaintiff alleged that she was sexually harassed by the principal of a school where she taught. She claimed that starting around September 2013 the principal sexually harassed…

Earlier this month, a state appellate court issued an opinion in a California age discrimination lawsuit. The lower court dismissed the plaintiff’s claim, finding that the statute of limitations did not toll, and the plaintiff’s case was filed too late. However, on appeal, the court reversed the lower court’s decision, allowing the plaintiff’s case to…

A lawsuit filed by a former Uber driver from San Diego claims the ride-sharing company’s system to rate its drivers is racially biased. Thomas Liu was fired in October 2015 when his star rating fell below 4.6. In its app, Uber asks passengers to rate drivers on a scale of one to five. Lawsuit claims…

The California Fair Employment and Housing Act (FEHA) and Title VII of the Civil Rights Act prohibit employers from discriminating against anyone because of their sexual orientation, gender identity and gender expression. While limited exceptions exist – for religious institutions and companies with fewer than five employees – the vast majority of workers and job…

Workers now have one year to file a discrimination or retaliation lawsuit against their employer with the California Division of Labor Standards Enforcement (DLSE) after Gov. Gavin Newsom signed Assembly Bill 1947 into law on Sept. 30. Before the measure became law, employees had six months after a violation occurred to file a complaint for…