Category Archives: FEHA

Soria v. Univision: Comprehensive Review of FEHA

A trial court’s summary judgment dismissing plaintiff’s FEHA discrimination lawsuit recently provided California’s Second Appellate District Court of Appeal to issue a comprehensive opinion on almost all issues relating to disability discrimination and medical condition discrimination cases under FEHA. And … Continue reading

Posted in Disability Discrimination, FEHA, Interactive Process, Medical Condition, Pretext | Comments Off on Soria v. Univision: Comprehensive Review of FEHA

Parks & Recreation – Real Life Age Discrimination in SF? Not so fast…

This is a case in which the First Appellate Court of Appeal upheld a trial court’s summary judgment of an age discrimination, harassment and retaliation case. In, of all places, San Francisco! Not Bakersfield. Not Fresno. Not Texas. But San … Continue reading

Posted in Age Discrimination, FEHA, Retaliation | Comments Off on Parks & Recreation – Real Life Age Discrimination in SF? Not so fast…

Another Reminder that FEHA Defendants Can be Awarded Attorney’s Fees

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

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FEHA Attorney’s Fees: Sometimes Plaintiffs Must Pay!

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

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Summary Judgment Reversed: Disability Discrimination

California’s Fourth District Court of Appeal recently reversed a summary judgment for defendant employer in a lengthy opinion which made me wonder, “What was the trial judge thinking?” In Moore v. Regents of the University of California, the court reversed … Continue reading

Posted in CFRA, Disability Discrimination, FEHA, Pretext | Comments Off on Summary Judgment Reversed: Disability Discrimination

Associational Disability Discrimination = Don’t Be An Ass

Large employers, armed with lawyers and lobbyists, complain about draconian legislation they say impedes their ability to conduct business profitably. As a plaintiff’s attorney heretic, I agree with them some of the time. But when you read cases like this, … Continue reading

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Disability Discrimination: Employer’s Intent to Discriminate

In a disability discrimination case against an employer, does the employee have to prove that the employer’s alleged discriminatory action was based on the employer’s animus in proving intent to to discriminate? Of course, that question was answered by the … Continue reading

Posted in Disability Discrimination, FEHA | Comments Off on Disability Discrimination: Employer’s Intent to Discriminate