Archives: Disability and Leave

Subscribe to Disability and Leave RSS Feed

California Supreme Court Asked to Consider Associational Disability Discrimination Case

On October 7, 2016, Dependable Highway Express filed a petition asking the California Supreme Court to review a decision to allow a non-disabled employee to pursue his claim of association based disability discrimination. Click here to read the full article and implications of the case at our Disability, Leave & Heath Management Blog.… Continue Reading

Complimentary Webinar Series: California Legal Update

The California employment law landscape is ever-evolving. Watch a recording of our California Legal Update Webinar Series to learn about the latest changes and how they affect employers. California Legislative Update This presentation covers employment laws that have been enacted in California over the last year and proposed bills that, if passed, will affect California … Continue Reading

California Court of Appeal Finds Employer’s Denial of Accommodation to a Nondisabled Employee May Be Evidence of an Associational Disability Discrimination Claim

On August 29, 2016, the California Court of Appeal for the Second Appellate District reversed summary judgment earlier awarded to the employer in Castro-Ramirez v. Dependable Highway Express, Inc. In its reversal, the court found that an employer’s denial of accommodation to a nondisabled employee may be evidence of associational disability discrimination under the Fair … Continue Reading

Los Angeles Approves Minimum Wage Increases and Mandates Employers to Provide 48 Hours of Paid Sick Leave

Los Angeles Approves Minimum Wage Increases and Mandates Employers to Provide 48 Hours of Paid Sick Leave Employers in the City of Los Angeles will need to review their current minimum wage and paid sick leave policies to ensure they comply with the new City ordinance increasing the minimum wage and extending paid sick leave … Continue Reading

Employee Who Failed to Provide Additional Doctor Notes to Support New Restrictions May Still Survive Summary Judgment

Last week, in Thomsen v. Georgia-Pacific Corrugated, LLC, a federal district court in California held that an employer might have violated its obligations under California’s Fair Employment and Housing Act (“FEHA”) when it simply told an employee to return to his doctor to obtain a note outlining additional work restrictions.   The Court held that a … Continue Reading

Los Angeles City Council Votes to Expand Paid Sick Leave

The Los Angeles City Council voted 13-1 in favor of a proposed ordinance that would permit Los Angeles workers to earn at least six paid sick leave days annually. The new paid sick leave entitlement would double the mandatory minimum under California’s statewide paid sick leave law. The proposed ordinance, which still needs to be … Continue Reading

California Court of Appeal Expands FEHA’s Reasonable Accommodation Requirements to Employees Who are Associated with a Person with Disabilities

In Castro-Ramirez v. Dependable Highway Express, Inc., decided April 4, 2016, the California Court of Appeal for the Second Appellate District held California’s Fair Employment and Housing Act (FEHA) requires employers to provide reasonable accommodations to employees who are associated with a person with disabilities. Plaintiff Luis Castro-Ramirez’s son was in need of a kidney transplant, required … Continue Reading

Santa Monica, California, Joins Patchwork of Minimum Wage and Paid Sick Leave Laws

California’s City of Santa Monica’s City Council has adopted an ordinance that enacts minimum wage and paid sick leave requirements for covered employees as well as new regulations pertaining to service charges and surcharges. Ordinance Number 2509 became effective on February 25, 2016, although its provisions will not be implemented until July 1, 2016. The … Continue Reading

What California Retail Employers Need to Know About Accommodating Pregnancy

Navigating the California laws on discrimination and accommodation of pregnant employees is a significant challenge for retail employers. The Golden State’s protections for pregnant employees are many and they differ from those of federal law and of other states. Pregnancy Disability Leave Law Under the Pregnancy Disability Leave Law, which applies to employers with at … Continue Reading

An Employee’s Request for a Disability or Religious Accommodation Is Considered Protected Activity Under Change to the Fair Employment and Housing Act

Effective January 1, 2016, an employee’s request for an accommodation for a disability or for religious reasons is considered to be “protected activity” for a retaliation claim under the Fair Employment and Housing Act (“FEHA”).… Continue Reading

Top 10 Mistakes to Avoid During the Reasonable Accommodation Process

The Americans with Disabilities Act (ADA) and California Fair Employment and Housing Act (FEHA) both require employers to make reasonable accommodations for qualified individuals with disabilities, provided that the accommodations do not impose an “undue hardship” on the employer. By definition, a reasonable accommodation is any modification or adjustment to a job, to an employee’s … Continue Reading

Amendments to California Paid Sick Leave Law Effective

Significant amendments to California’s Healthy Workplaces, Healthy Families Act of 2014, also known as the California Paid Sick Leave Law, went into effect immediately upon Governor Jerry Brown’s signature on Assembly Bill no. 304 on July 13, 2015. Key provisions of the Amendment affect calculation of the rate of pay, method of accrual of paid … Continue Reading

Webcast Now Available for Viewing! Managing Employee Leave in the Golden State: Paid Sick Leave, CFRA, FEHA and Many More

Our California Summer E-Series Webinar, Managing Employee Leave in the Golden State Paid Sick Leave, CFRA, FEHA and Many More, is now posted for review. This webinar session outlines best practices for managing leaves, including California’s new paid sick leave mandates, employee leaves of absence, health issues, family issues and pregnancy, just to name a few. Please … Continue Reading

Employer to Pay for Emotional Distress Triggered by Random Workplace Drug Testing

This week, in Aro v. Legal Recovery Law Offices, Inc., California Court of Appeal affirmed an intentional infliction of emotional distress award in favor of two employees who were pressured into taking a random, “on-demand” drug test. The facts Prior to the drug test at issue, the employer provided employees a revised 2011 employee manual … Continue Reading

Court Holds Adjustment Disorder Triggered by Stress at Work Is Not a Disability

A California appellate court recently held that an employee diagnosed with an adjustment disorder triggered by stress caused by her supervisor’s standard oversight of her job performance is not disabled under the California Fair Employment and Housing Act (“FEHA”). Higgins-Williams v. Sutter Medical Foundation, 2015 Cal.App.LEXIS 455 (May 26, 2015). In so doing, the court … Continue Reading

Follow-up on: Be Careful What You Say—It Might End Up in a Declaration to Defeat Summary Judgment

In a recent Ninth Circuit decision, the court held that “a piece of evidence [may not be disregarded] at the summary judgment stage solely based on its self-serving nature.” As a result, declarations created after summary judgment motions are filed may be sufficient to create genuine issues of material fact and, therefore, defeat summary judgment. … Continue Reading

Be Careful What You Say—It Might End Up in a Declaration to Defeat Summary Judgment

The Ninth Circuit Court of Appeals recently reversed summary judgment for an employer, finding that a former employee’s self-serving declaration and deposition testimony regarding alleged disability discrimination were sufficient to create a triable issue of fact. The Ninth Circuit also held the employer’s denial of the accommodation the employee requested “chilled” the exercise of the … Continue Reading

New California Family Rights Act Regulations Become Effective July 1

Amendments to the California Family Rights Act (“CFRA”) regulations, going into effect on July 1, 2015, are meant to clarify a number of uncertainties, align the CFRA regulations more closely with the federal Family and Medical Leave Act (“FMLA”) regulations (where the laws are consistent), and ensure employers and employees have a clear understanding of … Continue Reading

Employee’s Violation of Company Policy Justified Firing While on Leave, California High Court Holds

An employer did not violate California’s Family Rights Act (“CFRA”) by terminating an employee who engaged in outside employment while out on CFRA medical leave, conduct prohibited by the employer’s policy, the California Supreme Court has ruled. Richey v. AutoNation Inc., No. S207536 (Cal. Jan. 29, 2015). The Court said the plaintiff had “no greater … Continue Reading
LexBlog