As remote work continues to reshape the workplace, both California employees and employers are grappling with a key question:When must an employer allow remote work as a reasonable accommodation to an employee’s disability or serious medical condition under California’s Fair Employment and Housing Act (FEHA)? FEHA & Reasonable Accommodation Basics…
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…