Articles Posted in Retaliation

Just ahead of the bill-signing deadline in October, Governor Newsom signed several worker-friendly bills including AB 51, AB 9, SB 142, and AB 749. When an employment situation sours and an employee pursues his rights, usually at some point there is talk of settlement. Almost routinely, employers include a no-rehire provision in any settlement agreement…

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…

For years, the battle over arbitration clauses and agreements has raged on in courts and legislatures throughout the country. The latest development in arbitration in employment in California came on Thursday in California when Governor Newsom signed AB 51. The governor’s approval of AB 51 is a victory employees throughout California- it effectively prohibits employers…

Plaintiff Thomas claimed that her employer retaliated against her because she exercised her free speech rights and spoke out on matters of public concern. Thomas v. County of Riverside, 763 F.3d 1167 (2014). The lower court dismissed her case, characterizing her claims as “petty workplace gripes”. Ms. Thomas claimed that her employer retaliated against her…

In good news for victims of sex harassment and retaliation, and especially for same-sex victims, Lewis v. City of Benicia, 224 Cal.App.4th 1519 (2014) reinstated many of the claims against the City of Benicia and one of its supervisors. First, the California Court of Appeals made clear that the trial court overstepped its bounds when…

Sometimes courts raise the bar on sexual harassment claims too high. Whether the sexual harasser’s conduct is “severe” or “pervasive” enough to go to trial often seems to be determined by the subjective lenses of the judges. The judges’ lenses are often colored by their own life experience. Certainly whether a judge is a “he”…

Dr. Naiel Nassar was employed by the University of Texas Southwestern Medical Center as a faculty member and staff physician. Dr. Nassar, who is of Middle Eastern descent and practices Islam, claimed that one of his supervisors was biased against him on account of his ethnic heritage and religion. As a result, he resigned his…

Protection from retaliation when an employee complains about or blows the whistle on sexual harassment, or other discriminatory conduct, is an important right for California employees. This right is found in the Fair Employment and Housing Act § 12940 (h). Dr. Fitzsimons found out just how important this right was when she reported sexual harassment…

The California Court of Appeal overturned a $2 million dollar award to a Los Angeles police officer who it was admitted was fired solely because he complained of sexual harassment. Sounds like a good case? Too good for this court panel, which turned logic on its head in finding that it was legal to fire…

Dr. Jadwin sued his employer, Kern County, in federal court, for placing him on administrative leave in retaliation for his complaints about patient care and other violations. This underlying federal case subsequently resulted in a verdict of over $500,000.00 to Dr. Jadwin. Instead of heeding the warning of being particularly careful not to retaliate, or…