Here’s a FEHA disability discrimination case that went to trial and resulted in a defense verdict. Plaintiff’s attorney then sought attorney’s fees because even though the jury awarded plaintiff no relief, the jury did say that plaintiff’s physical disability was … Continue reading
Here’s another reminder that a plaintiff in a FEHA case may be ordered to pay defendant’s attorney’s fees if the court finds that “…plaintiff’s action was frivolous, unreasonable or without foundation, even though not brought in subjective bad faith.” There’s … Continue reading
When I evaluate a potential employment case, it’s always nice when there’s a cause of action under FEHA that provides for attorney’s fees. That gives plaintiff leverage in settlement discussions. Smart defense counsel will advise their clients that if plaintiff … Continue reading
Plaintiff filed a lawsuit against his employer for employment discrimination in violation of FEHA. The trial court granted employer’s motion for summary judgment and awarded the employer its court costs. Plaintiff appealed and the case ended up before the California … Continue reading
Imagine this: You are an attorney employed by a government entity (County child support office) and have been for about ten years. You apply for a promotion which, in part, requires taking an exam testing your knowledge of the child … Continue reading
The Courts of Appeal have not issued many published decisions lately on FEHA cases, but here are two recent unpublished decisions concerning defendant’s evidence of a legitimate nondiscriminatory reason for termination and another case regarding an attorney’s fee award. Davis … Continue reading
February 25, 2014 turned out to be an interesting day for employment lawyers for two separate appellate courts issued opinions concerning the recovery of costs and attorney’s fees to the prevailing parties in FEHA cases. Both cases involved victorious defendants … Continue reading
Defendants in FEHA cases should be very careful when evaluating whether or not to settle a case, especially when defendant receives a CCP § 998 offer in compromise from plaintiff. This is so because if plaintiff wins anything from the … Continue reading