The California Court of Appeal held that a person providing services pursuant to a contract may recover against a company for its employee’s sexual harassment. American Forensic Nurses, Inc. (AFN) contracted with San Diego County to supply workers to draw blood from suspects on an on-call basis. Hirst, an AFN employee, brought a claim under the Fair Employment and Housing Act (FEHA) against the City of Oceanside claiming she was sexually harassed by an Oceanside police officer who was to provide protection to her while she drew blood a suspect’s blood. The employment contract specifically stated that AFN is an.... Read More >
By: Sam G. Sherman, Esq. Many employers feel that the law has gone so far that they cannot fire any employee for anything without risking liability. Not always true. The Fourth District Court of Appeals recently decided that a church can fire an employee for living with her boyfriend and raising their child together out of wedlock. Henry v. Red Hill Evangelical Lutheran Church of Tustin involved a female employee teaching in the Church’s preschool. Henry was married at the time she applied for the position (2002). She divorced in 2007 and later gave birth to a child fathered by.... Read More >
By: Sam G. Sherman, Esq. In a case argued and briefed by Higgs, Fletcher & Mack’s appellate team of John Morris and Victoria Fuller, the Second Circuit Court of Appeals in Haligowski v. Superior Court rejected an attempt to impose individual liability against supervisors for claims of servicemember discrimination in violation of Section 394 of California’s Military and Veteran’s Code. California courts previously rejected the imposition of individual liability against managers for discrimination under the Fair Employment and Housing Act (FEHA). (Reno v. Baird (1998) 18 Cal.4th 640, 647.) That act proscribes discrimination against various categories of “protected persons.” In.... Read More >
By: Alexis Gutierrez This week, Governor Jerry Brown vetoed Assembly Bill 559, legislation offered in response to Chavez v. City of Los Angeles, the 2010 California Supreme Court decision that upheld trial judges discretion to deny costs to plaintiffs whose small-scale damages in FEHA lawsuits could have been recovered in a limited jurisdiction civil case. In Chavez v. City of Los Angeles, a unanimous high court held that trial judges should have the discretion to deny costs to plaintiffs whose small-scale damages in FEHA lawsuits could have been recovered in a limited jurisdiction civil case. Gov. Arnold Schwarzenegger had vetoed.... Read More >
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