Discrimination

It is hornbook law that employers must “reasonably accommodate” disabled employees.

Housing Act (FEHA) protect employees against discrimination because of their disabilities.  Mental disabilities are covered under both laws.But there are two key factors that are always in play in these cases. First, the employee in question must be “otherwise qualified.

The “Cat’s Paw” rule is an important component of employment discrimination litigation.

In Lopez v. Pacific Maritime Association, the plaintiff was a rehabilitated drug addict.  He wanted to become a longshoreman.  He applied for work in Long Beach in 1997, but failed a drug test at that time.

A decision from the Second District court of appeal is fair warning to any person looking to sue for employment discrimination under California’s Fair Employment and Housing Act (Cal. Gov. Code, §§ 12900, et seq).

If a plaintiff wins an employment discrimination case under Title VII, he/she is entitled to an award of attorney’s fees.  A question we are asked all the time is: what happens if the plaintiff loses?  Can the defendant claim an award of fees too?The answer is:  it depends.

Title VII rules prohibiting employers from retaliating against employees are pretty clear. Retaliation against a person to asserts the right to be free of employment discrimination is a major offense.

When a collective bargaining agreement contains a clause setting forth time limits for disciplinary action, courts will apply it, even if it means reinstating an employee who has been terminated for sexual harassment.  This was the holding in the case of City of Richmond v.

An old adage says that you only get one bite at the apple.  This can be true in litigation, especially if you have already pursued a claim unsuccessfully before an administrative agency.

Title VII of the Civil Rights Act of 1964 (42 USC section 2000d) prohibits employment discrimination based on race, color, religion, sex or national origin. But in order to state a claim, the plaintiff must be an employee.