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Cornell v. Berkeley Tennis Club
Plaintiff meets relatively low showing requirements to survive FEHA discriminatory termination summary judgment, where triable issue as to whether proffered non-discriminatory reason was pretextual.
Employment Discrimination 1DCA/1 Dec. 26, 2017
Clemens v. Centurylink Inc.
District court has authority to award tax 'gross-up' adjustment to account for increased income-tax liability resulting from back-pay award in Title VII case.
Employment Discrimination 9th Nov. 6, 2017
Flores v. City of Westminster
Public employees not barred from bringing federal claim for violation of right to contract although, under California law, public employment is governed by statute, not contract.
Employment Discrimination 9th Oct. 12, 2017
Diego v. City of Los Angeles
City successfully overturns adverse jury verdict, where police officers’ claims of discrimination due to their Hispanic race were based on flawed legal theory.
Employment Discrimination 2DCA/1 Sep. 15, 2017
Nakai v. Friendship House Association of American Indians Inc.
Prima facie case of marital status discrimination not established where plaintiff's allegations concern marriage to ‘particular’ person rather than marital status.
Employment Discrimination 1DCA/1 Sep. 7, 2017
Aviles-Rodriguez v. Los Angeles Community College District
One-year statute of limitations to file complaint with Department of Fair Employment and Housing commenced on date of employee’s termination rather than date employee was denied tenure.
Employment Discrimination 2DCA/4 Aug. 31, 2017
Merrick v. Hilton Worldwide Inc.
Elderly worker fails to carry ultimate burden of persuasion in FEHA age discrimination claim under three-part ‘McDonnell-Douglas’ test.
Employment Discrimination 9th Aug. 17, 2017
Fuller v. Idaho Dept. of Corrections
Idaho Department of Corrections (IDOC) officer raped by co-worker successful in challenging grant of summary judgment in IDOC’s favor on hostile work environment claim.
Employment Discrimination 9th Aug. 1, 2017
EEOC v. McLane Co. Inc.
District court abuses discretion in denying enforcement of EEOC's subpoena seeking pedigree information relevant to investigation of sex discrimination claim.
Employment Discrimination May 25, 2017
Park v. Board of Trustees of the California State University
University's communications alone regarding its decision to deny tenure to Korean assistant professor does not convert professor's discrimination claim subject to anti-SLAPP motion.
Employment Discrimination May 5, 2017
McLane Co. Inc. v. U.S. Equal Employment Opportunity Commission
Ninth Circuit's erroneously reviews district court's decision regarding EEOC subpoena enforcement action involving disclosure of pedigree information under 'de novo' standard instead of 'abuse-of-discretion' standard.
Employment Discrimination Apr. 4, 2017
Zetwick v. County of Yolo
Employee wins reversal of summary judgment in employers' favor, where genuine issues of material fact remain regarding claim of sexually hostile work environment.
Employment Discrimination Feb. 24, 2017
Reynaga v. Roseburg Forest Products
Summary judgment erroneously granted in employer's favor, where genuine disputes of fact remain on employee's claims of hostile work environment, disparate treatment, and retaliation.
Employment Discrimination Jan. 26, 2017
Riske v. Superior Court
Content of police officer personnel files merits discovery as information is material to litigation concerning unlawful retaliation for protected whistleblower activity.
Employment Discrimination Dec. 12, 2016
Stilwell v. City of Williams
Age Discrimination in Employment Act does not bar Section 1983 First Amendment retaliation claim due to differences regarding who can sue and be sued, liability requirements, and available remedies.
Employment Discrimination Aug. 8, 2016