Articles Posted in Procedures

As employers across the country reckon with the impacts of the #MeToo movement, the California legislature and Governor Newsom took decisive action to extend the statute of limitations on certain workplace claims, acknowledging that those who have been targeted by discrimination, harassment, and retaliation do not always come forward immediately. The California Fair Employment and…

In a good day for fair jury selection in the State of California, the California Supreme Court reversed a conviction in a criminal case where a prosecutor used 10 out of 16 peremptory challenges to bump Hispanics off of the jury pool. People v. Gutierrez (June 1, 2017) 17 C.D.O.S. 5040. This case is equally…

Generally speaking, exhaustion of administrative remedies is an unnecessary hurdle for an employee to jump over on his or her way to court when filing a discrimination, harassment or retaliation claim. Rickards v. UPS (June 19, 2012), ___Cal.App.4th ___ is just another case demonstrating this same point. Mr. Rickards had a claim for discrimination against…

I understand the desire of an employee (or employee’s attorney) to exhaust all avenues to contest the wrongful discriminatory and/or retaliatory termination of an employee, but White v. City of Pasadena __F.3d___ (9th Cir Jan 17, 2012) is a prime example of why such a shotgun approach can be shortsighted and dangerous. Ms. White was…