California Public Agency Labor & Employment Blog

California Public Agency Labor & Employment Blog

Useful information for navigating legal challenges

Category Archives: Discrimination

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Court of Appeal Rules: Absent Undue Hardship, Employers Must Accommodate Pregnancy Disabled Employees By Providing Additional Leave beyond the Four Months of Pregnancy Disability Leave

Posted in Discrimination, Employment

Pregnant-Worker.jpg

This guest post was authored by Judith S. Islas

The Court of Appeal’s decision in Sanchez v. Swissport, Inc., is a case of widespread importance, impacting the rights of employees disabled by pregnancy and pregnancy related-conditions.  In this …

California Supreme Court Says Attorney’s Fees to Prevailing Defendant are Mandatory in Failed Claim of Denial of Access to Disabled Persons

Posted in Disability, Discrimination, Employment

AnotherGavel.jpgIt pays to read statutes carefully. Many statutes authorizing lawsuits for employment discrimination allow an award of attorney’s fees to the prevailing party. Almost uniformly, these statutes have been construed as authorizing an award of attorney’s fees to a prevailing …

Court Finds Unlawful Intent Is Missing From Jury Instructions On Retaliation, But Is It Missing From Instructions On Disability Discrimination, As Well?

Posted in Disability, Discrimination, Retaliation

Jury.jpgThe California Court of Appeal recently highlighted a fundamental flaw in the California Civil Jury Instructions (“CACI”) on a cause of action for retaliation in violation of the Fair Employment and Housing Act (“FEHA”).  The instruction is missing the element …

Supreme Court Recognizes That The “Ministerial Exception” Under The First Amendment Precludes Retaliation Claim Brought Under The ADA

Posted in Discrimination, Education, First Amendment, Retaliation

This post was co-authored by Michael Blacher

Supreme-Court.jpgOn January 11, 2012, the U.S. Supreme Court decided Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, No. 10-553, in which the Court recognized for the first time the existence of the “ministerial …