On June 15, 2020, the United States Supreme Court ruled that Title VII of the 1964 Civil Rights Act protects gay and transgender employees from discrimination. The Court’s decision was 6-3 and the opinion was authored by Justice Gorsuch, who was joined in the decision by Chief Justice Roberts and Justices Ginsburg, Breyer, Sotomayor and
Witnesses Move on, and Memories Fade – but an Investigation Report is Forever
Let’s set the scene. It’s February of 2020, and an employee comes to you, a supervisor, to “vent” about being the target of off-color comments and jokes due to the employee’s national origin. The employee does not use the term “harassment.” Moreover, the employee tells you that they are just talking it out, and they
California’s LGBTQ+ Protections in Advance of the Supreme Court’s Decisions in Zarda, Bostock, and Harris
On October 8, 2019, the U.S. Supreme Court heard oral arguments in three cases: Altitude Express, Enc. v. Zarda (out of New York), Bostock v. Clayton County, Georgia (out of Georgia), and R.G. and G. R. Harris Funeral Homes v. EEOC (out of Michigan). All three cases involve plaintiffs arguing that Title VII of the
2020 Vision: Setting our Sights on the Year Ahead
This may be hard to believe, but in three weeks, we will be living in the year 2020. I find this fact particularly surprising, as I often refer to events of the mid-90’s as incidents that occurred “a few years ago.”
Whether we acknowledge it or not, though, time marches on. Annually in California, employers
U.S. Supreme Court Weakens Procedural Defense To Title VII Claims
This post was authored by Megan Lewis.
A plaintiff who wants to file a lawsuit for a violation of Title VII of the Civil Rights Act of 1964 (a claim of discrimination based on race, religion, sex, etc.) must first “exhaust administrative remedies” by filing a charge of discrimination with the Equal Employment Opportunity
Key Insights from the DFEH’s Annual Report
This post was authored by Megan Lewis.
The Department of Fair Employment and Housing (DFEH) recently issued its 2017 Annual Report, which provides a fascinating glimpse into who is filing complaints and why.
The DFEH is the largest state civil rights agency in the country. Its stated mission is to protect the people
Building on #MeToo Momentum, California Legislature Seeks to Expand FEHA
This post was authored by Erin Kunze.
Earlier this year, members of the State Senate and Assembly introduced bills that would expand protections provided by the Fair Employment and Housing Act (“FEHA”). In its current iteration, proposed Senate Bill 1300 would alter the standard of review for harassment claims, limit the ability to summarily
Department of Fair Employment and Housing Issues New Regulations on National Origin, Immigration-Related Practices, and Language and Height/Weight Restrictions
This post was authored by Stefanie K. Vaudreuil.
It’s time to check your policies. New DFEH regulations (California Code of Regulations, title 2, sections 11027.1 and 11028) went into effect on July 1, 2018 that provide definitions on “national origin” and “undocumented applicant or employee,” in addition to outlining specific employment practices regarding language
Employers May Soon Be Required to Accommodate Employee Use of Medical Marijuana
This post was authored by Megan Lewis.
Since recreational marijuana was legalized in 2016, many have assumed that employment protections for marijuana users would likely expand, either via legislation or though litigation.
We are already seeing small steps in that direction. For instance, San Francisco recently amended its ban-the-box ordinance to, among other things,
A #MeToo Legislative Reckoning is Coming to California in 2018
This post was authored by Stefanie K. Vaudreuil.
There are a number of bills pending in the California Legislature this year that employers should be watching closely.
SB 1038 California Fair Employment and Housing Act: personal liability
Under existing law, individuals may be liable under the California Fair Employment and Housing Act (FEHA) for