Seyfarth Synopsis: Addressing the method to evaluate a whistleblower retaliation claim under Labor Code section 1102.5, the California Supreme Court concluded that courts should apply the framework prescribed by statute in...more
Seyfarth Synopsis: Under California law, obesity can qualify as a disability if it has a physiological cause and limits a major life activity. Proving such a claim has been difficult. The First District Court of Appeal’s...more
1/2/2018
/ Adverse Employment Action ,
Americans with Disabilities Act (ADA) ,
Appeals ,
Corporate Counsel ,
Disability Discrimination ,
Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
FEHA ,
Harassment ,
Hiring & Firing ,
Reasonable Accommodation ,
Retaliation ,
Summary Judgment
Seyfarth Synopsis: An employee who expresses opposition to an employer’s policies and practices that affect members of the general public is not engaging in an activity that FEHA protects, because the activity is not opposing...more
11/21/2016
/ Adverse Employment Action ,
Appeals ,
Disability Discrimination ,
Discrimination ,
Employment Discrimination ,
FEHA ,
Hiring & Firing ,
Protected Activity ,
Public Employees ,
Retaliation ,
San Francisco ,
Termination
Seyfarth Synopsis: The California Supreme Court, in Sandquist v. Lebo Automotive, deviated from rulings of most federal circuit courts to hold that the question of “who decides” whether class arbitration is available—courts...more
8/2/2016
/ Arbitration ,
Arbitration Agreements ,
CA Supreme Court ,
Class Action ,
Corporate Counsel ,
Federal Arbitration Act ,
Harassment ,
Motion to Compel ,
Pre-Employment Agreements ,
Race Discrimination ,
Retaliation
Seyfarth Synopsis: California Court of Appeal holds that (1) an outside attorney’s investigation can be privileged even though the attorney simply investigated facts, and (2) the employer does not waive the privilege simply...more
7/11/2016
/ Affirmative Defenses ,
Attorney-Client Privilege ,
Corporate Counsel ,
Discovery ,
Equal Employment Opportunity Commission (EEOC) ,
Internal Investigations ,
Outside Counsel ,
Retaliation ,
Sexual Harassment ,
Work-Product Doctrine ,
Young Lawyers
Seyfarth Synopsis: California Court of Appeal reverses a summary judgment for an employer that failed to follow its own policy regarding layoffs.
Moore v. Regents of the University of California serves as a reminder to...more
6/29/2016
/ Appeals ,
California Family Rights Act (CFRA) ,
Corporate Counsel ,
Disability Discrimination ,
FEHA ,
Hiring & Firing ,
Interactive Process ,
Reasonable Accommodation ,
Retaliation ,
Reversal ,
Summary Judgment ,
Wrongful Termination