All in FEHA & Title VII
SB 188 (CROWN Act) adds new definitions to the Fair Employment and Housing Act to include protections for hairstyles and traits historically associated with race.
Economy v. Sutter East Bay Hospitals (Cal. Ct. App. 1st Dist. Feb. 4, 2019)
Huerta v. Kava Holdings, Inc., 2018 WL 5961895 (Cal. Ct. App. 2nd Dist. (Nov. 14, 2018))
New Code of Civil Procedure section 1001 prohibits confidentiality provisions in settlement agreements for claims of sexual harassment and certain other claims (except re the claimant’s identity or amount of the settlement), with certain exceptions; new law effective January 1, 2019.
AB 2770, Irwin. Privileged communications: communications by former employer: sexual harassment.
Cal. Supremes remove precedential status of Ly v. County of Fresno.
Light v. California Department of Parks & Recreation: clear statement from the Court of Appeal that pretext is not required to defeat summary judgment under the McDonnell-Douglas burden-shifting test.
Ninth Circuit recognizes availability of "tax-consequence adjustments" or tax "gross ups" to compensate for increased income-tax liability resulting from receipt of a lump-sum back-pay award in Title VII cases.
Fifth District Court of Appeal holds that workers' FEHA discrimination claims are barred by doctrine of res judicata due to prior allegations made in workers' compensation case.