In a move intended to reduce spending and increase efficiency amid continuing budget difficulties, Governor Brown recently signed Senate Bill 1038 which will, among other things, eliminate the Fair Employment and Housing Commission effective January 1, 2013. The duties of the Commission, primarily rulemaking and the administrative adjudication of discrimination claims, will be assumed in
California Department of Fair Employment and Housing Releases Annual Report and Settlement Information
By Alison L. Lynch on
Posted in Legal Articles
At the end of 2011, the Department of Fair Employment and Housing (“DFEH”) released its Annual Report for 2010. It identifies some statistics that may be useful for employers, comparing results in 2010 with the previous three years. The numbers illustrate a clear effort by the DFEH to close cases as quickly and efficiently as …
The California Fair Employment & Housing Commission’s Wake-Up Call to Employers
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Posted in Legal Articles
The following is a reminder about a wake-up call to employers. The California Fair Employment & Housing Commission (“FEHC”) issued a decision which held that an employer can be liable for failing to take all reasonable steps to prevent discrimination and harassment even if there is no underlying discrimination or harassment. Department of Fair …
Recent Developments Involving Systemic Discrimination
By Jackson Lewis P.C. on
Posted in Legal Articles
California Department of Fair Employment and Housing (DFEH) Director Phyllis W. Cheng, speaking at the Jackson Lewis LLP-sponsored Association of Corporate Counsel (ACC) Labor and Employment Committee Meeting on Feb. 22, 2011, told the gathering of business lawyers that the agency would continue to pursue high-impact cases of “systemic discrimination” under the Fair Employment and…
The Statute of Limitations for a Fair Employment & Housing Act Claim Begins to Toll When the Right-To-Sue Notice is Issued
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As a perquisite to file a civil lawsuit under the California Fair Employment & Housing Act ("FEHA"), a current or former employee must file a charge of discrimination with the Department of Fair Employment and Housing ("DFEH") within one year of the alleged adverse act. Gov’t Code § 12960(c). If the DFEH chooses not to…