Archive for retaliation

Landmark Supreme Court Decision Expands Whistleblower Protections

In a major victory for whistleblowers, the U.S. Supreme Court recently ruled in favor of Trevor Murray, a former UBS employee who was fired after reporting what he believed to be illegal activity. The U.S. Supreme Court’s decision in Murray v. UBS expands protections for whistleblowers under the Sarbanes-Oxley…

Silent but Deadly? AB 1947 Packs a Punch for Retaliation Claims

With little public recognition in light of the ongoing pandemic-related legislation, Governor Newsom recently approved AB 1947 – legislation that will have significant impact on employers.  AB 1947 amends two specific provisions of the Labor Code relating to employee retaliation claims – Section 98.7, which enables workers to…

AB 9 Now Gives Employees 3 Years to Bring Harassment and Discrimination Claims

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…

Employers Can Use Anti-SLAAP Statute to Force Early Screening of Some Employee Claims

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…

EEOC Issues Enforcement Guidance on Workplace Retaliation

On August 25, 2016, the Equal Employment Opportunity Commission (EEOC) published its Enforcement Guidance on Retaliation and Related Issues.  The EEOC’s new enforcement guidance is critical for all employers because it states clearly the EEOC’s intention to more vigorously enforce federal anti-retaliation laws.  It also provides employers with some…

New Regulations on Sexual Harassment Take Effect Today

The California Fair Employment & Housing Council (FEHC) recently passed new regulations that strengthen California’s Fair Employment & Housing Act (FEHA).  This is the state law banning discrimination, harassment, and retaliation in the workplace, which is already among the toughest in the nation.  These new regulations take effect…

Governor Brown Signs AB 987, Making it Illegal to Retaliate Against an Employee Who Requests a Reasonable Acccomodation

On July 16, 2015, Governor Jerry Brown signed AB 987 into law.  This new law makes it an unlawful employment practice for an employer to retaliate or otherwise discriminate against an employee for requesting an accommodation for a disability or religious belief, regardless of whether or not the request…

U.S. Supreme Court Makes Retaliation Cases Harder to Prove

Yesterday, the U.S. Supreme Court issued its long-awaited ruling in University of Texas Southwestern Medical Center v. Nassar.  The issue in that case was whether a plaintiff alleging illegal retaliation under Title VII against her employer had to show but-for causation (i.e., that the employer would not have taken…