Winning any civil case, including an employment discrimination case, requires proving (1) liability and (2) damages (past and future wage loss, emotional distress, in some cases punitive damages). Because liability in many, if not most, wrongful termination and discrimination cases is disputed by employers, a practical assessment of how likely…
An employer who isn’t aware of your disability prior to firing you for taking several days off work due to that condition cannot possibly be held liable for disability discrimination based on the disability that the employer simply didn’t know about. This is both logical and fair. In Avila v…
In its decision in Bailey v San Francisco District Attorney’s Office, the California Supreme Court has recently affirmed that even a single incident of using “N” word by a coworker in reference to a black employee can be a sufficient basis for making an unlawful harassment and hostile work environment.…
Keeping in mind the two principles discussed below should be helpful to your deposition testimony on the most fundamental level, no matter who you are and no matter what type of case you are involved in: 1.Do Not Overthink Each Question You Are Asked At Your Deposition. This especially applies…
As one way of advancing the express purpose of the California Fair Employment and Housing Act to provide effective remedies for discrimination at the workplace, a special venue provision allows plaintiffs to file a lawsuit “in any county in the state in which the unlawful practice is alleged to have…
In Rajaram v Meta Platforms, Inc. (2024), an employee sued Meta for giving a hiring preference to H1B visa holders over US Citizens. The 9th Circuit Court of Appeal held that section 42 USC 1981 prohibits employer from discriminating against United States citizens, because an employer that does so gives…
A typical disability discrimination claim by a salesperson involves a situation where the employee was fired for not meeting goals due to, in whole or in part, his known medical condition / qualifying disability. The employer then terminates an employee and later argues that the termination was lawful, because meeting…
The Groff v Dejoy Postmaster General is a recent, significant Supreme Court case, which sets the employers’ obligation to accommodate employee religious practices. This case is extremely helpful to all those workers who need a religious accommodation at workplace, especially if it involves not working on certain days or holidays.…