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A positive development for employers. To establish liability in “mixed motive” employment discrimination cases under the California Fair Employment and Housing Act (FEHA), the employee must show that unlawful discrimination was a substantial factor motivating the adverse employment decision, the California Supreme Court ruled. Harris v. City of Santa Monica, No. S181004 (Cal. Feb. …

 A California court of appeal has recently ruled that an employee is not protected by the Fair Employment and Housing Act (“FEHA”) for refusing to participate in or cooperate with a Company investigation into misconduct. McGrory v. Applied Signal Tech., Inc., (Cal Ct. App. No. H036597, 1/24/2013). In McGrory, California’s Sixth Appellate District rejected …

The California Governor signed into law AB 1964 which amends the Fair Employment & Housing Act (“FEHA”) to prohibit discrimination against individuals for the wearing of religious dress or the practice of religious grooming in the workplace. The FEHA already prohibits discrimination against “religious belief” or “observance.” However, the new amendment expressly states that religious dress…

A recent California Appellate Court upheld an employer’s right to terminate an employee for misconduct involving violent acts or threats of violence even if caused by a disability under the California Fair Employment and Housing Act (“FEHA”). In Wills v. Superior Court., No. G043054 (4th Appellate District April 13, 2011), the Court dismissed the…

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…

A divided panel of judges at the Ninth Circuit held a plaintiff must demonstrate some statistically significant evidence in support of his or her disparate impact claim under the Americans with Disabilities Act and the California Fair Employment and Housing Act, even though such evidence may be very difficult to obtain. Lopez v. Pacific Maritime …