Plaintiff bus driver brought an action against a City, alleging she was fired because she was pregnant, in violation of the Fair Employment and Housing Act [FEHA, Government Code section 12940]. The City claimed she was fired for poor job performance. At trial, the City asked the court to instruct the jury that if it found […]
Insufficient Evidence To Defeat An Anti-SLAPP Motion.
Plaintiff brought an action for sexual assault against her employer and two co-employees. One of the co-employees cross-complained against plaintiff for defamation and intentional infliction of emotional distress. The trial court granted plaintiffs motion to strike under the anti-SLAPP statute [Code of Civil Procedure section 425.16] and dismissed the cross-complaint, and the co-employee appealed. After concluding […]
FEHA Claim For Sexual Harassment Not Viable In Same Sex Incivility In Workplace.
In Patrick C. Kelley v. The Conco Companies (Cal. App. First Dist., Div. 5; June 6, 2011) 196 Cal.App.4th 191, [126 Cal.Rptr.3d 651, 112 Fair Empl. Prac. Cas. (BNA) 1301], while working on a construction site, the plaintiff, a male, was subjected to grossly offensive, graphic, vulgar, and explicit comments about sexual acts, by a male supervisor and a […]
No Commonality Among Employment Decisions Means No Class Action.
In Wal-Mart Stores, Inc. v. Dukes (U.S. Sup. Ct.; June 20, 2011) 131 S.Ct. 2541, [180 L.Ed.2d 374], current and past employees of Wal-Mart sought injunctive relief, punitive damages and back pay for themselves as well as 1.5 million female employees, alleging discrimination against women under Title VII of the Civil Rights Act of 1964. A federal district court […]
Sexual Harassment Against Employer Verdict Under Civil Code Section 51.7: Freedom From Violence Or Intimidation.
A woman janitor brought an action against her employer for sexual harassment and acts of violence against her involving kisses and other touching forced upon her by a co-employee who did a lot of drinking on the job. The case was tried, not on FEHA violations, but on causes of action for negligent supervision and […]
Arbitration Agreement Not Unconscionable.
Plaintiff brought an action against her former employer alleging discrimination and harassment based on race and sex. When plaintiff applied for the job, she had filled out an 11-page employment application, several pages of which required her signature on the bottom of the page. The signature lines were highlighted in yellow. Page 8 was entitled, […]
Pregnancy Discrimination Judgment Reversed.
A jury awarded $113,830 in compensatory damages for employment pregnancy discrimination. The trial court later awarded $1,157,411 in attorney fees. The employer requested, and the trial court refused to give, the following instruction: “You may not find that [the employer] discriminated against [the plaintiff] based upon a belief that [the employer] made a wrong or […]
Discrimination In Housing.
Defendants, who owned rental dwellings, were sued by the U.S. Justice Department for violation of the Fair Housing Act [42 U.S.C. §3604(a)-(d)] for refusing to rent to non-Korean tenants, refusing to rent to African Americans, refusing to rent to families with children and advertising with a preference for Korean tenants. They tendered the defense of […]
Dismissal Of Age Discrimination/Employment Case Reversed.
The Age Discrimination in Employment Act [ADEA, 29 U.S.C. §621, et seq.] prohibits an employer from discharging an employee who is over forty years of age because of the employee’s age. The district court dismissed a complaint alleging plaintiff was at least forty years old; her performance was satisfactory or better; she received consistently good […]
Summary Judgment Reversed In Age Discrimination Case.
The Ninth Circuit reversed the grant of summary judgment in a case which alleged violation of the Age Discrimination in Employment Act [28 U.S.C. §621]. Plaintiff was 54 years old with 29 years of experience. Someone else who was 42 years old and had two years of experience was hired. During the process, there was […]
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