Court Restricts Use of “Me-Too” Evidence to Support a Discrimination Claim

By: Sam G. Sherman, Esq. In 2009 and 2011 decisions, California courts held that Plaintiffs can support a claim of discrimination with "me-too" evidence--evidence that the employer or a particular supervisor discriminated against other similarly situated employees in the past. Common examples involve a woman supporting a pregnancy discrimination case with evidence that the employer had terminated other female employees upon return from maternity leave. In Hatai v. Department of Transportation, the plaintiff claimed he was discriminated against based on his…

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EEOC Release Reveals Record Charges in 2011

By: Sam G. Sherman, Esq. On November15, 2011, the U.S. Equal Employment Opportunity Commission released its fiscal year 2011 numbers. The full text of the release can be found on the EEOC website. The EEOC received 99,947 charges of discrimination in fiscal year 2011. This was the highest number in the agency's history. The agency also obtained more than $364.6 million in monetary benefits for individuals claiming workplace discrimination. Finally, the report showed that the EEOC's private sector…

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California Appellate Court Rejects Individial Liability for Discrimination Against Members of the Armed Forces

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…

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