Category: Employment Discrimination

Albertson Pregnancy Discrimination

An Alberston’s manager, Reyna Garcia, filed a pregnancy discrimination lawsuit against the grocery chain for failing to accommodate her high risk pregnancy with light duty.

After she became pregnant Reyna Garcia told her store manager that she had a history of pre-term delivery and asked that her pregnancy be accommodated through lighter work. The store manager’s response was “I thought you said nothing was going to change?” Her requests to be moved to the deli counter or customer service were turned down. In fact, Ms. Garcia requested reasonable accommodations three times, but the requests were ignored. She had no choice but to continue working because she could not financially afford to stop and needed the health insurance due to her pregnancy. Continue reading “Albertson Pregnancy Discrimination”

Victory for California Employees

California-Employee-RightsLately, it seems like courts have all been jumping on the arbitration bandwagon, sending ever-increasing number of employee lawsuits to arbitration.  Courts have allowed employers to force all of their employees to arbitrate any claims against the employers and even allowed employers to use arbitration agreements to prevent their employees from filing class action lawsuits on behalf of wronged employees.

Regardless of employers’ overzealous attempts to restrict employee rights, however, advocates for employees have noted time and again that the law does not allow employers to force employees to arbitrate all of their claims.  In particular, California has a Private Attorneys General Act (“PAGA”) that allows an employee to stand in for the government in seeking to sue an employer for certain penalties for unlawful employment practicesContinue reading “Victory for California Employees”

Employee’s Appeal Reversed on Sexual Harassment Claim

In Westerndorf v. West Coast Contractors of Nevada, Inc. the Ninth Circuit recently reversed the lower Court’s summary adjudication of a Plaintiff’s claim for retaliation on the basis of sex despite the fact that it affirmed summary adjudication on the sexual harassment itself.

Plaintiff Jennifer Westendorf filed suit against her former employer West Coast Contractor for, among other things, sexual harassment and retaliation stemming from said harassment.  She alleged that during the course of her employment, she endured a number of “offensive sexual comments”. Continue reading “Employee’s Appeal Reversed on Sexual Harassment Claim”

Refusing To Sign A Warning Considered Misconduct!?

The Court of Appeal in Paratransit v. UIAB, tackled a common wrongfully terminated question for employees, can my employer fire me for not signing a written disciplinary notice? According the Court in the Paratransit case, the answer could be yes.

Craig Medeiros, the employee who was fired, was a union member. His negotiated union contract required his employer to obtain the signature of the employee being issued a disciplinary notice. The notices however, must include a disclaimer that states that the employee is only acknowledging receipt of the document. Continue reading “Refusing To Sign A Warning Considered Misconduct!?”

Pregnant Employees May be Entitled to Additional Leave

An employee who was disabled as a result of her pregnancy and had exhausted all leave under California Pregnancy Disability Leave Law (“PDLL”) and the California Family Rights Act (“CFRA”) was entitled to additional leave as a reasonable accommodation under the California Fair Employment and Housing Act (“FEHA”), the California Court of Appeal has ruled in a case of first impression. Sanchez v. Swissport, Inc., No. B237761 (Cal. Ct. App. Feb. 21, 2013). Continue reading “Pregnant Employees May be Entitled to Additional Leave”