Where Employer Treated Similarly Situated Employees Differently, Ninth Circuit Allowed Employee’s Discrimination Claims to Proceed to Trial

The Ninth Circuit Court of Appeal opinion in Zeinali v. Raytheon Co., 636 F.3d 544 (9th Cir. 2011), marks yet another reminder that employers that treat similarly situated employees differently can set themselves up for costly discrimination lawsuits. In Zeinali, the plaintiff, who is of Iranian descent, had been employed by Raytheon for approximately four years.  At the start of his employment, Raytheon informed the plaintiff that

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California Court Affirms Nearly $2.5 Million Verdict In Retaliation Case

In Green v. Laibco, LLC, 192 Cal. App. 4th 441 (2011), the Court affirmed a jury verdict awarding plaintiff $1,237,086 in compensatory damages and an equal amount in punitive damages on plaintiff’s claims that she was terminated “because of her complaints about patient care and safety, because she refused to give false information to the State Department of Health Care Services, and because she complained about

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New California Law Protects Health Care Coverage for Pregnant Employees

The State of California today marked another step in the direction of protecting pregnant workers when the Governor signed into law a Senate Bill requiring employers of five or more employees who maintain health care coverage for their workers to continue providing workers who take Pregnancy Disability Leave health care coverage at the same terms and conditions that coverage would have been provided to the

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The Rise of Disability Discrimination Claims

The Los Angeles Daily Journal published an article written by Bernstein & Friedland, P.C. Partner Diana Friedland discussing the increasing rate at which disability discrimination claims are being filed against employers. The article examines recent case law and administrative decisions finding in favor of employees alleging disability discrimination.  The article also outlines employers’ key obligations with respect to anti-disability discrimination policies and practices. A copy

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Court Reverses Jury Verdict and Finds Company Liable for Failing to Prevent Sexual Harassment in the Workplace

In Turman v. Turning Point of Central California, Inc., 191 Cal. App. 4th 53 (2010), the Court reversed a jury verdict in favor of the defendant on plaintiff’s claim that the defendant failed to take reasonable measures to prevent sexual harassment in the workplace, concluding that there was insufficient evidence that the company “took corrective action to alleviate the abuse to which appellant was subjected.  As a result,

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Ninth Circuit Holds Certain Commute Time is Compensable Under California Law

In Rutti v. Lojack Corp., 596 F.3d 1046 (9th Cir. 2010), Rutti filed a class action on behalf of all technicians employed by Lojack to install alarms in customer cars. The lawsuit alleged that Lojack unlawfully failed under both federal and California law to compensate him for certain commute time. Specifically, Lojack provided Rutti, who worked from home, a company car and required him to travel

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