On October 10, 2019, Governor Gavin Newsom signed AB 9 into law. AB 9 extends the deadline for employees to file a charge of employment discrimination, harassment, or retaliation with the Department of Fair Employment and Housing (“DFEH”) from 1 year to 3 years. The new deadline is…
California’s anti-SLAPP statute — found in Code of Civil Procedure §425.16 — allows a defendant to request early judicial screening of a legal claim that targets that defendant’s protected free speech or petitioning activities. Until yesterday, it has been an open question in California as to whether or…
California law has not (yet) recognized weight as a protected category along with race, gender, gender identity, religion, sexual orientation, medical condition, and many others. However, more than 25 years ago, the California Supreme Court held that an overweight employee could qualify as a “disabled” under California’s Fair…
For the first time ever, a federal appellate court has ruled that sexual orientation discrimination is a form of sex discrimination that is illegal under Title VII of the Civil Rights Act of 1964. The decision in Hively v. Ivy Tech Community College came from the full 7th Circuit Court…
On February 17, 2016, the California Department of Fair Employment and Housing (“DFEH”) issued new guidelines on transgender rights in the workplace. While most of these guidelines are common sense based on existing law, there are some concrete recommendations in the DFEH’s new brochure, including: 1. Employers should…
On June 1, 2015 the U.S. Supreme Court ruled in EEOC v. Abercrombie & Fitch that, for an employee to successfully prove a religious discrimination case, that employee need only prove that his/her need for an accommodation was a “motivating factor” in the employe’s adverse employment decision. There…
The Ninth Circuit Court of Appeals has ruled in James v. City of Costa Mesa that an individual who is discriminated against because of his use of medical marijuana – even if lawful in his home state – has no claim under the federal Americans with Disabilities Act…
On April 20, 2012, the Equal Employment Opportunity Commission (EEOC) ruled in Macy v. Holder that transgendered applicants and employees are protected from employment discrimination by Title VII of the Civil Rights Act of 1964. This landmark decision marks the first time that a federal court or agency…