With regard to a dispute about a low-income housing development in Texas, the United States Supreme Court held disparate impact claims are cognizable, stating: “Much progress remains to be made in our Nation’s continuing struggle against racial isolation. In striving to achieve our historic commitment to creating an integrated society. . . .we must remain […]
Previously we reported: After-Acquired Evidence Docrine Inapplicable.
Plaintiff, an African American, twice applied to become a union organizer, but both times the position was filled by white men. He filed a discrimination complaint with the Department of Fair Employment and Housing, and received a right to sue letter. He then filed an employment discrimination action. During discovery, he admitted he had been […]
After Plaintiff Sued For FEHA Violations, Employer Discovered Plaintiff Used Someone Else’s Social Security Number When Hired.
After suffering a back injury at work, plaintiff filed a workers’ compensation claim, plaintiff was laid off from his job as a seasonal worker in the swimming pool chemical field. A few months later, the employer called and asked him whether he was recovered and ready to come back to work. Plaintiff said he was […]
Failure To Exhaust Administrative Remedies Under FEHA Does Not Affect Subject Matter Jurisdiction Of Court And No Need To Prove Employer Had 5 Or More Employees Under FEHA For Harassment Based Upon Sex.
Apparently plaintiff did not like being hugged and patted on her behind by her boss. After a judge awarded plaintiff $60,000 against her former employer for sexual harassment, the defendant employer appealed, arguing plaintiff never proved she exhausted her administrative remedies or that the employer had at least five employees. The appellate court affirmed, stating: […]
Same Gender Sexual Harassment.
Plaintiff, a heterosexual man, worked for a city, and filed an employment action, contending he was sexually harassed by two of his male supervisors and then retaliated against when he complained about the sexual harassment. The trial court granted summary judgment in favor of the two supervisors and later granted the city’s motion for judgment […]
Statute Of Limitations In Employment Application Does Not Override FEHA Or Common Law That Otherwise Provides.
Plaintiff brought an action against her former employer alleging claims under the Fair Employment and Housing Act [Government Code section 12900; FEHA] and two nonstatutory claims. The employer moved for judgment on the pleadings based on plaintiff’s signed application for employment where she agreed that “any claim or lawsuit . . . must be filed […]
Express Oral Findings Sufficient For FEHA Attorney Fees Award.
Plaintiff was employed by a university and terminated due to his harassment of a female employee after being given several warnings. In his action under the California Fair Employment and Housing Act (Government Code section 12900; FEHA), he contended his termination for harassment was a pretext for racial discrimination. Other than testifying he believed he […]
Constructive Voluntary Quit Doctrine: Underpaid, Under Pressure And Under Protected.
An employee went on stress leave one month after she filed a claim with the Department of Fair Employment and Housing for ongoing sexual harassment. When her doctor cleared her to go back to work, her lawyer had an electronic conversation with the employer’s lawyer regarding assurances the employee wanted before she returned to work. The […]
Statute of limitations for wrongful termination starts on date right-to-sue notice is issued.
The statute of limitations for an action for wrongful termination starts when the Department of Fair Employment and Housing issues its right-to-sue letter, not on the date the notice is received by the plaintiff. Hall v. Goodwill Industries of Southern California (Cal. App. Second Dist., Div. 8; March 16, 2011) 193 Cal.App.4th 718, [123 Cal.Rptr.3d 274].
FEHA Discrimination? Woman Told To Find A Bush To Relieve Herself.
Plaintiff, one of the woman workers on a construction project, filed a complaint for discrimination, harassment and retaliation pursuant to the Fair Employment and Housing Act (FEHA) [Government Code section 12940, et seq.]. While working on the site, she often had to travel “miles from the work area” to access portable toilets. Also, the foreman frequently […]