Tag: FEHA

Disabled Workers: Employee Can Sue For Workplace Injuries Caused By Employer’s Failure To Accommodate

Typically, workers’ compensation is the only remedy for an employee who is injured on-the-job. But a California Court of Appeal now says that if the injury stems from your not reasonably accommodating an employee’s disability, the employee can bypass workers’ comp and sue you for damages. Disabled Employee Injured At Work Marilyn Bagatti was an […]

Mandatory Arbitration: Ninth Circuit Tosses Out One-Sided Agreement

Last year, the U.S. Supreme Court approved the use of mandatory arbitration agreements for employment disputes in a lawsuit brought by a Circuit City employee. But now the Ninth Circuit, after taking a second look at the arbitration provisions in that case, has tossed out the agreement, ruling that it was unduly lopsided and didn’t […]

Americans With Disabilities Act: Supreme Court Says Disabilities Must Substantially Limit Activities Of Central Importance To Daily Life; Practical Impact In California

In the first of three cases the U.S. Supreme Court is considering this term that involve the Americans with Disabilities Act, the high court has issued a ruling that will make it harder for workers to prove they are entitled to reasonable accommodation under federal disabilities law. However, as we’ll explain, the new decision, which […]

Sexual Harassment: Court Says Employers Are Automatically Liable For Supervisor Harassment In California; Preventive Measures More Important Than Ever

Although the California Fair Employment and Housing Act is modeled on federal anti-discrimination laws, the state law is often more protective of employee rights. A California Court of Appeal has now ruled that when it comes to employer liability for sexual harassment by a supervisor, the state statute is stronger—and you can’t take advantage of […]

Age Discrimination: New Case Examines Whether You Can Deny Older Workers Educational Assistance Benefits; Preventive Measures To Take

Suppose an employee in their 50s or 60s wants to take advantage of your employee educational assistance program. You may be reluctant to shell out thousands of dollars to educate a worker who’s close to retirement. One employer that faced this situation recently got slapped with an age discrimination lawsuit when an older worker’s request […]

Religious Discrimination: Religious-Affiliated Employer Liable For Firing Worker Who Was Saving Souls On Company Time; Guidelines To Follow

Employers affiliated with a religion generally aren’t subject to the state Fair Employment and Housing Act, California’s anti-discrimination law. But in a new case, a California Court of Appeal allowed a worker to make an end run around the statute and sue an employer who was exempt from the FEHA for religious discrimination. We’ll explain […]