Flight attendant Charlene Carter sued her employer and her union alleging, among other things, that they discriminated against her on the basis of religion, in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”). In July 2022, a jury awarded Ms. Carter $5.1 million. This sum appears to be consistent with
California public agencies often accept funds, grants, and other federal financial assistance either directly from a federal department or agency, or indirectly through a California department or agency. Typically, when a public agency accepts federal financial assistance – either directly or indirectly – it must comply with specific obligations as a condition of receipt. Often
On October 31, 2022, the U.S. Supreme Court heard oral arguments in two cases: Students for Fair Admissions v. University of North Carolina and Students for Fair Admissions v. President and Fellows of Harvard. The Court’s resulting decision now stands to determine the fate of race-conscious admissions in higher education.
Brief Factual Background
Holistic
On September 18, 2022, Governor Newsom signed and approved Assembly Bill 2188 (“AB 2188”), which amends the California Fair Employment and Housing Act (“FEHA”) to generally prohibit an employer from discriminating against an employee or employment applicant for cannabis use off the job and away from work, which is a significant change to the
On Monday, September 12, 2022, the U.S. Department of Education closed the two-month comment period for the public to voice their opinions on the proposed changes to Title IX, the federal law that governs how schools supported by federal funding respond to forms of sex discrimination. Over 200,000 comments flooded the U.S. Department of Education
On Thursday, June 23, 2022, the U.S. Department of Education released proposed changes to the Title IX regulations. The release of the amendments marks the 50th anniversary of Title IX, the federal law protecting individuals against sex discrimination in education programs and activities supported by federal funding. The proposed regulations will be open for public
The Fair Employment and Housing Act (the FEHA) provides employees with legal protection from harassment, discrimination and retaliation. The Department of Fair Employment and Housing (DFEH) is the California agency that oversees and enforces the FEHA. As part of its oversight role, DFEH issues guidance to employers to assist in compliance with the FEHA requirements.
Since the COVID-19 pandemic first began, it has had a multitude of evolving impacts on the operation of the workplace. One impact is the increased number of requests employers are receiving from employees for reasonable accommodations. These increases are attributed to various factors, which have evolved as the pandemic has progressed. At the outset of
Over the last several years, virtually all levels of government have increasingly recognized the critical link between building a diverse, equitable, and inclusive workplace and effectively meeting the needs of the communities they serve—in particular, historically underserved and marginalized communities.
At the federal level, the Biden Administration has issued several Executive Orders that recognize the
Over the last several months, mandatory vaccination requirements took center stage in the public response to COVID-19, but with the play getting underway and vaccination requirements becoming operative, it is the request for religious accommodation (i.e., exemption from vaccination requirements) that may be stealing the show.
Title VII and FEHA Set the Stage