"Fair Employment and Housing Act"

Capitol.jpgThe way complaints for violation of the Fair Employment and Housing Act (“FEHA”) are processed and enforced by the Department of Fair Employment and Housing (“DFEH”) is about to undergo a significant transformation.  Motivated by a desire to close a nearly $16 billion budget deficit by reducing duplication and maximizing efficiency within State government, Governor

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 of retaliatory intent or animus.  This flaw has not been brought to the forefront previously

This guest post was authored by Connie C. Almond

DNA.jpgThe Governor recently signed into law AB 887 and SB 559, which prohibit harassment and/or discrimination based on gender identity and expression, and genetic information, respectively. 

Individuals who are transgender identify themselves with a gender that is different from their “assigned” sex.  The term

Sexual-Harassment.pngIn the case of Pantoja v. Anton, Lorraine Pantoja worked as a receptionist/secretary for a law firm owned by Thomas Anton.  Pantoja alleges that Anton would slap her buttocks, touch her buttocks and leg, and once asked for a shoulder massage.  He also referred to his employees as “my Mexicans.”  Eventually, Anton called Pantoja a

For the first time, a California court has held that, under the Fair Employment and Housing Act (FEHA), an employer may distinguish between disability-caused misconduct and the disability itself in the narrow context of threats or violence against coworkers. 

In the case of Wills v. Superior Court, Linda Wills was a clerk for the

Person-Smoking.pngHospitals and other medical-related employers are at the forefront of a growing trend of employers who have adopted policies prohibiting the hiring of smokers.  This practice goes far beyond merely banning employees from smoking in the workplace.  Rather, these employers are actually telling smokers that they need not apply for employment at all, or that