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Fenwick & West LLP | USA | 27 Jul 2015

New York City limits credit checks

New York City joined a growing number of jurisdictions that limit the use of credit checks in employment. The Stop Credit Discrimination in


Fenwick & West LLP | USA | 21 Apr 2014

Employee terminated for stealing caused by disability entitled to discrimination trial

Is an employer allowed to enforce a uniformly-applied workplace conduct policy against an employee whose misconduct was caused by her disability? A


Fenwick & West LLP | USA | 18 Feb 2014

Age discrimination claim survives dismissal where questions existed regarding adequacy of job performance and employee presented evidence of supervisor bias

Reversing a trial court's decision in favor of the employer, a California Court of Appeals in Cheal v. El Camino Hospital held that a former employee


Fenwick & West LLP | USA | 13 Dec 2013

Discrimination claimbased on association to disabled relativesurvives dismissal request

In Rope v. Auto-Chlor System of Washington, Inc., plaintiff Scott Rope, a former branch manager for Auto-Chlor, sued his employer for violation of


Fenwick & West LLP | USA | 15 Apr 2013

California court addresses admissibility of "me too" evidence of discrimination

In Hatai v. Dept. Of Transportation, a California Court of Appeal upheld a trial court's decision to exclude "me too" evidence of discrimination from


Fenwick & West LLP | USA | 20 Feb 2013

Manager's bias, public policy, and defamation claims due to termination following investigation thrown out before trial

In McGrory v. Applied Signal Technologies, Inc., Applied Signal ("AST") secured the dismissal of a former manager's claims that his termination was


Fenwick & West LLP | USA | 20 Feb 2013

Cal Supreme Court refuses to immunize employers in mixed-motive discrimination cases, but significantly limits remedies

Resolving a question that has been pending for three years, in Harris v. City of Santa Monica, the California Supreme Court held that, in


Fenwick & West LLP | USA | 19 Sep 2011

Employee not entitled to reinstatement rights after exceeding CFRA leave

In a decision that stresses the importance of timely and accurate CFRA notice and recordkeeping procedures, a California court, in Rogers v. County of Los Angeles, held that an employee who used up her 12 week allotment of CFRA leave and did not return to employment until 19 weeks after her leave began was not entitled to job reinstatement


Fenwick & West LLP | USA | 19 Sep 2011

"Me too" sexual harassment evidence admissible

In a troubling case for employers, a California court of appeal held in Pantoja v. Anton that it was prejudicial error for a trial court to exclude so-called "me too" evidence of sexual harassment of other employees.


Fenwick & West LLP | USA | 14 Jun 2011

Federal prohibition on bankruptcy discrimination does not cover hiring

In Myers v. Toojay's Mgmt. Corp., the Eleventh Circuit held that a federal Bankruptcy Code provision prohibiting termination of and discrimination against employees for filing bankruptcy does not cover hiring decisions.

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