Employment discrimination

April 11, 2011 | Article

Supreme Court Applies “Cat’s Paw” Rule: Employer is Liable In Case Where Supervisor Discriminated, Even Though Decision-Maker May Have Acted Without Bias

The “Cat’s Paw” rule is an important component of employment discrimination litigation.  Under that theory, if a supervisor actively discriminates against an employee, but convinces a...

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August 17, 2010 | Article

California Supreme Court Upholds Employee Rights By Allowing “Stray Remarks” To Help Prove Workplace Discrimination

One of the most troubling issues in employment litigation is the type of proof a person needs to present in order to prove discriminatory prejudice.  If the plaintiff presents evidence that...

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August 17, 2010 | Article

California Supreme Court Upholds Employee Rights By Allowing “Stray Remarks” To Help Prove Workplace Discrimination

One of the most troubling issues in employment litigation is the type of proof a person needs to present in order to prove discriminatory prejudice.  If the plaintiff presents evidence that...

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August 17, 2010 | Article

California Supreme Court Upholds Proposition 209 Against Attack that It Violates the “Political Structure” Doctrine Established by the U.S. Supreme Court

When California voters passed Proposition 209 in 1996, many people thought there would be few legal issues to follow in its wake. After all, the essence of the proposition was simple:  no...

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July 16, 2010 | Article

Disability Discrimination & Failure to Accommodate - California Court Places Burden on Plaintiff to Initiate Process of Finding “Reasonable Accommodation”

When an injured party can no longer perform the core functions of his or her job, the employer may be entitled to end the employment relationship. However, if the employee can perform certain...

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July 16, 2010 | Article

Hostile Work Environment Claims under FEHA – Hostility Must be Directed at the Plaintiff

Sometimes one employee learns of racially-motivated harassment visited upon another employee.  But even though such treatment is wrong and upsetting, and even though the employee who observes...

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July 9, 2010 | Article

In Age Discrimination Case, Plaintiff Must Show Qualifications Superior To Chosen Candidate

When well qualified individuals compete for a job and one of them is over 40, an age discrimination clam may be lurking in the background if the older candidate is passed over.  But the mere...

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July 9, 2010 | Article

Court Rejects Use of Gender Stereotypes and Rules that Ban on Male Supervisors at Women’s Prison Violates Title VII

While the concept of male prison guards in an all-female correctional institution might sound odd, it happens.  And it is illegal for the state to bar men from serving in that capacity....

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May 25, 2010 | Article

Employees Can Sue For Application of Discriminatory Standards That Were Adopted Years Ago; U.S. Supreme Court Rules That Each New Application of Challenged Standards Constitutes a New Cause of Action Under Title VII

If an employer adopts a discriminatory standard 15 years ago and no claim is brought against it, can an employee (or group of employees) file suit years later based upon a more...

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