Many companies now require employees to agree to arbitration of any claims that the employee may have against the employer. Most employees do not know that they have signed an agreement to arbitrate, or what arbitration is. Arbitration is essentially a private court system. Private companies hire retired judges and lawyers to hear cases, confidentially, […]
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New Amendment to Existing Law Strengthens Rights of California Employees Who Enter Into Settlement Agreements with Their Employers
The majority of disputes that arise in the workplace and proceed to litigation find their resolution not at trial, but in a settlement—agreed to by the employer and the employee and hopefully beneficial to both.
Because so many cases end in settlement, the terms of the settlement agreement become crucial for ensuring a just outcome that is fair to both parties. This is especially so because the power dynamic in negotiations between employers and their employees is often skewed in favor of the employer.
Read more...Disabled Prison Guard Wins his Third Appeal Against the California Department of Corrections and Rehabilitation
Courts can award attorneys’ fees to the prevailing plaintiff in a discrimination or harassment claim brought under the Fair Employment and Housing Act (FEHA). These attorney fee awards are designed to incentivize and reward a plaintiff’s counsel for litigating a civil rights case that is generally taken on a contingency fee basis and therefore has inherent risks. Trial courts first calculate the lodestar amount, which is the product of the hours spent and the prevailing hourly rate of attorneys in the community conducting similar non-contingent litigation. Then courts can increase this amount by adding a multiplier or increasing the lodestar amount by looking at various factors, such as the risk of non-payment, the public interest in advancing civil rights cases, the complexity of the issues involved, and the skill of the attorneys. Continue reading “Disabled Prison Guard Wins his Third Appeal Against the California Department of Corrections and Rehabilitation”
Proving Discrimination and Harassment Cases in California
In a victory for workers’ rights, the California Legislature enacted California Government Code section 12923 as a statement of legislative findings and purpose regarding harassment and discrimination claims brought under the Fair Employment and Housing Act (“FEHA”). The legislation was enacted to “provide all Californians with an equal opportunity to succeed in the workplace.” The Legislature […]
Read more...Court of Appeal Rules in Favor of Gay CHP Veteran Suing for Sexual Orientation Discrimination
An openly gay California Highway Patrol (CHP) officer, Jay Brome, brought suit against his employer after enduring twenty years of harassment and discrimination. The trial court dismissed his claims on the grounds that they were not filed within the statute of limitations. The California Court of Appeal for the First District reversed the trial court’s ruling in a unanimous opinion, holding that equitable tolling could extend Mr. Brome’s statute of limitations. (Brome v. California Highway Patrol, A154612, filed January 28, 2020.) Continue reading “Court of Appeal Rules in Favor of Gay CHP Veteran Suing for Sexual Orientation Discrimination”
Disabled Psychologist’s Claims for Discrimination, Harassment and Retaliation against Department of Corrections Fail Despite Providing Doctor’s Notes
As an employee, there may be times when you need an accommodation in the workplace due to a disability. Sometimes, your employer may ask for a doctor’s note in the course of engaging in the interactive process. How specific do the doctor’s notes need to be? A recently published case provides some insight into this question.
Plaintiff John Doe began working at Ironwood State Prison as a psychologist in 2012. In 2013, he requested to work in a quiet place that allowed him to focus and concentrate. Continue reading “Disabled Psychologist’s Claims for Discrimination, Harassment and Retaliation against Department of Corrections Fail Despite Providing Doctor’s Notes”
Read more...Intolerable Working Conditions Support a Nurse’s Constructive Termination Claim
A 54-year old Filipino woman, Shirley Galvan, worked for Dameron Hospital Association (Dameron) as a nurse for approximately twenty-five years. In 2011, Doreen Alvarez became Ms. Galvan’s supervisor and allegedly began harassing Ms. Galvan and other Filipino employees. Ms. Alvarez commented that the Filipino employees could not speak English, had thick accents, made too much money, were too old, and had been at Dameron too long. Ms. Alvarez threatened to “clean house” and repeatedly humiliated the Filipino employees by making derogatory statements about their accents, level of education, and work performance. Ms. Galvan went out on stress leave due to the anxiety she was experiencing as a result of this harassment. She was constructively terminated in 2014.
Ms. Galvan brought suit against Dameron and Ms. Alvarez, alleging that she had been discriminated against and harassed on the basis of her age and national origin, and constructively terminated in violation of the California Fair Employment and Housing Act. Continue reading “Intolerable Working Conditions Support a Nurse’s Constructive Termination Claim”
Read more...LA Unified School District Teacher’s Claims Alleging Harassment and Retaliation Fail
Aurora Le Mere was a Los Angeles Unified School District (LAUSD) teacher for thirteen years. In that time, she filed a number of complaints and claims arising from her employment, including worker’s compensation claims and administrative complaints regarding LAUSD’s violations of provisions of the Education Code. In 2007, she filed a lawsuit against LAUSD and two individuals for discrimination, harassment and civil rights violations. All her claims and cases through 2007 settled. Then, in 2015, Ms. Le Mere filed another complaint against LAUSD and six individuals claiming that she had been unlawfully harassed and retaliated against since filing the 2007 case and worker’s compensation claims.
The defendants successfully demurred twice to the 2015 complaint. Continue reading “LA Unified School District Teacher’s Claims Alleging Harassment and Retaliation Fail”
Read more...An Employer Can Potentially be Held Liable if a Nonemployee Sexually Harasses an Employee
What happens if a nonemployee harasses or sexually assaults an employee in the workplace? Is the employer liable? Possibly. On October 26, 2017, the Court of Appeal, Fourth Appellate District considered whether an employee’s claims against her employer for violating the California Fair Employment and Housing Act (FEHA) for harassment and failing to prevent harassment overcame the workers’ compensation exclusivity doctrine. M.F. v. Pacific Pearl Hotel Management, LLC (D070150, Fourth Appellate District, Division One, 10/26/17). Continue reading “An Employer Can Potentially be Held Liable if a Nonemployee Sexually Harasses an Employee”
Read more...If Someone Hugs me in the Workplace, Can that be Considered Sexual Harassment?
If you feel uncomfortable when a boss or colleague hugs you in the workplace, do you have a valid claim for sexual harassment? Possibly. If a co-worker hugs you on several occasions and engages in other inappropriate conduct, you may have a claim. There is no magic number of incidents needed in order to establish liability. Continue reading “If Someone Hugs me in the Workplace, Can that be Considered Sexual Harassment?”
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