Tracey Silver

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On July 4th, U.S. District Judge John A. Mendez issued an order enjoining California from enforcing parts of the California Immigration Workers Protection Act (Assembly Bill 450), a new state law that restricted private employers from cooperating with federal immigration enforcement. See our previous blog post regarding the lawsuit here. Among other things, the law imposed fines on private employers of up to $10,000 per violation if they “voluntarily consent” to giving…
The California Department of Fair Employment and Housing (“DFEH”) recently obtained a settlement on behalf of a custodian for a school district who was fired after an on-the-job injury.  As part of the settlement, the employer agreed to pay $290,000 and offer reinstatement with reasonable accommodations. During an investigation by the DFEH, the district told the DFEH that it relies on a test of physical capabilities to determine if a person is able to perform…
California’s Fair Employment and Housing Council (“FEHC”) has finalized new regulations further limiting employers’ ability to consider criminal history when making employment decisions. The new FEHC regulations, which are scheduled to take effect on July 1, 2017, largely follow the EEOC’s 2012 Enforcement Guidance. In addition to the new FEHC regulations and existing California law, which already limits employers’ use of criminal records when making employment decisions, municipal “Ban the Box” ordinances further restrict…
As we reported here in December, the City of Los Angeles Fair Chance Initiative for Hiring Ordinance is now effective. The new law, also referred to as the “Ban the Box “ ordinance, restricts employers in the City of Los Angeles from asking job applicants about criminal convictions until after a conditional offer of employment has been made. This week, the City of Los Angeles released Rules and Regulations to implement the ordinance. Highlights from…
On the heels of North Carolina’s controversial legislation, which requires that people use the public restroom that corresponds to their biological gender rather than the gender with which they identify, California has gone in a different direction. On September 29, 2016, California Gov. Jerry Brown signed A.B. 1732, which requires all single-user restroom facilities in any business establishment, place of public accommodation, or government agency to be identified as “all gender” facilities rather than…
New California anti-discrimination, anti-harassment, and pregnancy disability leave regulations go into effect on April 1, 2016.  The substantive law regarding these issues has not changed.  However, the new amendments enumerate detailed requirements regarding anti-harassment policies and investigations, and institute additional notice and recordkeeping requirements. Anti-Discrimination and Harassment Regulations The new anti-discrimination and harassment regulations clarify an employer’s duty to take reasonable steps to prevent discriminatory and harassing conduct.  Specifically, the amended regulations require employers to…
McGrory v. Applied Signal Tech., Inc., 2013 Cal. App. LEXIS 48 (Jan. 24, 2013) John McGrory sued his former employer, alleging he was unlawfully retaliated against for being uncooperative and deceptive during a company investigation into allegations that he had discriminated against a subordinate employee on the basis of her gender and sexual orientation.  The Court of Appeal affirmed the trial court’s grant of summary judgment in favor of the employer after concluding: (i) there…
Ralphs Grocery Co. v. United Food & Commercial Workers Union Local 8, 2012 Cal. LEXIS 11911 (Dec. 27, 2012) Ralphs Grocery sought an injunction to prevent a labor union from picketing on the privately owned walkway in front of the only customer entrance to its store.  The trial court denied Ralphs’ request for an injunction, but the court of appeal reversed, holding that two provisions of California law, Code of Civil Procedure section 527.3 and…
Baltazar v. Forever 21, Inc., 2012 Cal. App. LEXIS 1292 (Dec. 20, 2012) Maribel Baltazar sued her former employer, Forever 21, Inc., alleging she was constructively discharged and subjected to discrimination and harassment based on her race and sex.  In response, Forever 21 filed a motion to compel arbitration pursuant to an arbitration agreement between Baltazar and Forever 21.  The trial court denied the motion, stating that the arbitration agreement was unconscionable because it required…