Workplace sexual harassment is one of most the pressing issues facing society. As a country, it is impossible to know which direction we are headed if we do not know how we got here. Back in 1991, the Supreme Court set an important precedent for workplace sexual harassment. At the time, it was widely considered […] Read More
As an employee you strive to get to work at your scheduled time and give an honest day’s work for an honest day’s pay. You follow all of the policies in your employee manual, and you have no blemishes in your employee record. Your employer expects it of you and most play by the same […] Read More
The Unruh Civil Rights Act is one of four statutes enforced by the California Department of Fair Employment and Housing (DFEH), an agency of the California state government established in 1959. The overseeing DFEH protects its state residents from employment, housing and public accommodation discrimination, along with hate violence. According to a study of employee […] Read More
In Burwell v. Hobby Lobby Stores, Inc., 134 S.Ct. 2751 (2014), the Supreme Court held that the so-called contraceptive mandate of the Patient Protection and Affordable Care Act (ACA) violated the Religious Freedom Restoration Act (RFRA). After finding that for-profit corporations are “persons” under the RFRA, the Court proceeded to declare that the ACA’s regulatory […] Read More
In the matter of Weaving v. City of Hillsboro, a jury determined that the City of Hillsboro violated that Americans with Disabilities Act (ADA) when it terminated police officer Matthew Weaving, who suffered from attention deficit hyperactivity disorder (ADHD). The city then appealed the district court’s earlier denial of its motion for summary judgment to […] Read More
The case of Hatai v. Department of Transportation et. al highlights that employees in discrimination trials should be aware that California courts are prepared to reject an employee’s attempt to use “me too” evidence. The “me too” doctrine allows an employee to present evidence of discrimination not only against themselves but also against other employees […] Read More
On the December 30, 2012, the Americans with Disabilities Act 1990 was amended, and the Fair Employment and Housing Council [1] altered the California Code of Regulations[2] to reflect those changes accordingly.[3] More specifically, the new regulations have expanded on the existing laws and now provide more detailed definitions of recognized disabilities. Mental Disabilities now […] Read More
The plaintiff of this case is a forty year old female who was wrongfully terminated after she returned from medical leave. Kathryn Sheppard v. Daniel Evans and Assoc. establishes the requirements for a statement of claim of age discrimination. This case overturned previous decisions of the district court, which had ruled that a statement of […] Read More
Some people may be unsure about how the courts determine the following: Whether an employer is being fair in making a reasonable accommodation, and What the difference is between being unemployed and dismissed. To help address these questions we will refer to the recent appellant court decision in the case of Mooney vs. County of […] Read More
Is disability discrimination a problem at our nation’s airports? If one were to ask Michelle Gilstrap, she would no doubt answer with a resounding yes. Her experience with airlines – specifically United Airlines – left much to be desired in the area of customer service. Circumstances: Ms. Gilstrap has a broad range of medical problems, […] Read More