This year, lawmakers and their plaintiff’s bar buddies asked Governor Jerry Brown to recast awards in so-called mixed-motive discrimination cases. Brown vetoed Senate Bill 655, leaving in place the State’s high court ruling in Harris v. City of Santa Monica in February 2013. In that 6-0 decision, Brown’s appointee Liu said a workplace firing based both on discrimination and legitimate reasons can trigger attorney fees and declaratory or injunctive relief for a plaintiff but not damages, back pay or reinstatement.Continue Reading Gov. Brown Vetoes Pro Plaintiff Mixed-Motive Bill
Discrimination
Vegan Religious Bias Claim Settles for Enough to Buy A Big Juicy Steak
When a workplace practice conflicts with an employee’s religious beliefs, the employer must consider whether a religious accommodation is available. This is the basic rule of Title VII of the Civil Rights Act. Many times, these issues arise in the form of scheduling conflicts when an employee’s religion compels worship on a particular day. Typical examples of religious accommodations can include changing an employee’s regular working schedule or allowing him or her to switch shifts with a co-worker. Such accommodations are typically made in response to a relatively traditional perception of religious expression. However, an employee’s religion, extends beyond traditional notions of religious practices. So what happens when an employer is presented with religious accommodation requests from Vegans? While clearly a first world problem, our Courts have been busy addressing this weighty issue.
Continue Reading Vegan Religious Bias Claim Settles for Enough to Buy A Big Juicy Steak
Upcoming Seminar: Pregnancy Leave, Accommodation and Discrimination – Don’t Wait for the Stork to Teach You What It All Means
Summary of Program
Join the Employment Law Group of Weintraub Tobin for an informative and up-to-date discussion about the rights and obligations of pregnant employees.
Program Highlights
- Pregnancy Disability Leave (PDL)
- PDL versus FMLA/CFRA
- Reasonably Accommodating Pregnant Employees
- Pregnancy Discrimination
- What are the Courts saying?
Date: September 12, 2013
Time: 9:30 a.m. – 11:30 a.m.
Location: Weintraub…
Court Holds Volunteer is NOT an Employee under FEHA
In Estrada v. City of L.A. (Case No. B242202), the Court of Appeal of California (Second Appellate District) held that Estrada, formerly a volunteer Police Reserve Officer for the City of Los Angeles, was not an employee for purposes of the California Fair Employment and Housing Act (“FEHA”), even though the…
EEOC SETTLES ITS FIRST “GINA” LAWSUIT FOR GENETIC DISCRIMINATION – An Important Lesson for Employers Re: Medical Questions of Applicants and Employees that Violate GINA?
On May 7, 2013, the EEOC issued a press release announcing the settlement of a lawsuit against Fabricut, Inc., one of the world’s largest distributors of decorative fabrics. This is the first lawsuit ever filed by the EEOC alleging genetic discrimination.Continue Reading EEOC SETTLES ITS FIRST “GINA” LAWSUIT FOR GENETIC DISCRIMINATION – An Important Lesson for Employers Re: Medical Questions of Applicants and Employees that Violate GINA?