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Name Category Published
Maner v. Dignity Health
Discrimination motivated by employer's 'paramour preference' is not unlawful sex discrimination under Title VII of Civil Rights Act of 1964. 		Employment Discrimination 9th Aug. 23, 2021
Clark v. Superior Court (Arthroscopic & Laser Surgery Center of San Diego)
Plaintiff exhausted her administrative remedies by identifying defendant, even if not by name, as alleged perpetrator of discrimination in Department of Fair Employment and Housing complaint. 		Employment Discrimination 4DCA/1 Mar. 23, 2021
Freyd v. University of Oregon
Performing the same common core tasks was sufficient to show substantially equal work for Equal Pay Act claim. 		Employment Discrimination 9th Mar. 16, 2021
Amended Opinion: Vazquez v. Jan-Pro Franchising Int'l
Dynamex Operations West Inc. v. Superior Court' applies retroactively; thus, district court's order granting summary judgment to defendant was vacated and matter remanded to apply 'ABC test.' 		Employment Discrimination 9th Feb. 4, 2021
Christian v. Umpqua Bank
Summary judgment reversed after finding potential liability for employer's failure to take effective corrective action against harassing customer. 		Employment Discrimination 9th Jan. 4, 2021
Shirvanyan v. Los Angeles Community College
To succeed on claim for failure to engage in interactive process, employee must identify reasonable accommodation that would have been available at time interactive process should have occurred. 		Employment Discrimination 2DCA/1 Dec. 31, 2020
Blue Fountain Pools and Spas Inc. v. Superior Court (Arias)
Plaintiff's work environment sexual harassment claim was not barred by one-year statute of limitations because a continuing violation existed. 		Employment Discrimination 4DCA/2 Aug. 12, 2020
Bostock v. Clayton County
Employers who fire individuals merely for being gay or transgender violate Title VII of Civil Rights Act. 		Employment Discrimination USSC Jun. 16, 2020
Pinter-Brown v. The Regents of the University of California
Trial court erred in allowing testimony of hearsay report and list of anonymous unadjudicated discrimination complaints to be used as propensity evidence. 		Employment Discrimination 2DCA/8 Apr. 27, 2020
Ducksworth v. Tri-Modal Distribution Services
Staffing companies are not liable for harassment with which they were entirely uninvolved. 		Employment Discrimination 2DCA/8 Apr. 9, 2020
Rizo v. Yovino
The Equal Pay Act's fourth affirmative defense of 'factors other than sex' comprises only job-related factors. 		Employment Discrimination 9th Feb. 28, 2020
Brome v. Cal. Highway Patrol
Officer was routinely denied backup assistance during enforcement stops due to his sexual orientation; thus, working conditions were so intolerable that reasonable employee would have been forced to resign. 		Employment Discrimination 1DCA/5 Jan. 30, 2020
Modification: Carroll v. City and County of San Francisco
Plaintiff alleged that each disability retirement check provides her reduced benefits and that age was substantial motivating factor for payment of reduced benefits; thus, plaintiff's claim was timely under 'continuous accrual doctrine.' 		Employment Discrimination 1DCA/4 Dec. 2, 2019
Carroll v. City and County of San Francisco
Plaintiff alleged that each disability retirement check provides her reduced benefits and that age was substantial motivating factor for payment of reduced benefits; thus, plaintiff's claim was timely under 'continuous accrual doctrine.' 		Employment Discrimination 1DCA/4 Nov. 4, 2019
Williams v. Sacramento River Cats Baseball Club, LLC
'Tameny v. Atlantic Richfield Co.' requires an employment relationship for tort duty of care; thus, plaintiff's failure to hire claim in common law tort action failed since he was not defendant's employee. 		Employment Discrimination 3DCA Sep. 26, 2019
Murray v. Mayo Clinic
For claims under the Americans with Disabilities Act, the but-for causation standard is the appropriate standard to include in the jury instruction. 		Employment Discrimination 9th Aug. 21, 2019
Valtierra v. Medtronic
Under the Americans with Disabilities Act and the Equal Employment Opportunity Commission guidelines, morbid obesity is not a physical impairment to be categorized as a disability for employment discrimination lawsuits. 		Employment Discrimination 9th Aug. 21, 2019
Galvan v. Dameron Hospital Assn.
Reasonable trier of fact could conclude supervisory employee intentionally created intolerable working conditions, and that a reasonable person faced with those conditions would have felt compelled to leave. 		Employment Discrimination 3DCA Jul. 19, 2019
Vazquez v. Jan-Pro Franchising Int'l
'Dynamex Operations West Inc. v. Superior Court' applies retroactively; thus, district court's order granting summary judgment to defendant was vacated and matter remanded to apply 'ABC test.' 		Employment Discrimination 9th May 3, 2019
Weil v. Citizens Telecom Servs. Co.
Former supervisor's statement claiming discrimination, made after her scope of employment changed, was not hearsay and thus was admissible against the employer as pretext evidence on failure-to-promote claim. 		Employment Discrimination 9th Apr. 30, 2019
Garcia v. Salvation Army
Title VII of Civil Rights Act of 1964's religious organization exemption foreclosed plaintiff's claims for hostile work environment and retaliation against defendant; thus, summary judgment was proper. 		Employment Discrimination 9th Mar. 19, 2019
EEOC v. Global Horizons
Under Title VII, fruit growers were joint employers of Thai workers under H-2A guest worker program even in matters relating to housing, meals, and transportation because they possessed ultimate authority over those matters. 		Employment Discrimination 9th Feb. 7, 2019
Mackey v. Bd. of Trustees of the Cal. State University
Defendants did not meet burden to show lack of a triable issue as to whether plaintiffs suffered a materially adverse action under circumstances suggesting a racially discriminatory motive; thus, summary judgment reversed. 		Employment Discrimination 4DCA/1 Jan. 24, 2019
Biel v. St. James School
Trial court erred in its determination that a Catholic school teacher is barred by the First Amendments 'ministerial exception' from bringing a disability discrimination claim under the ADA upon termination. 		Employment Discrimination 9th Dec. 18, 2018
Mount Lemmon Fire Dist. v. Guido
Under U.S.C. Section 630(b), state and local governments are 'employer[s]' covered by the ADEA regardless of their size. 		Employment Discrimination USSC Nov. 7, 2018
Abed v. Western Dental Services, Inc.
Western Dental is not immune from pregnancy discrimination lawsuit where its actions effectively thwarted pregnant extern from even applying for open position. 		Employment Discrimination 1DCA/1 May 29, 2018
Dunlap v. Liberty Natural Products Inc.
The court's error was harmless when it conflated the elements of two ADA claims in a jury instruction and the record showed it was 'more probable than not' the verdict was unaffected. 		Employment Discrimination 9th Dec. 29, 2017
Cornell v. Berkeley Tennis Club
Plaintiff meets relatively low showing requirements to survive FEHA discriminatory termination summary judgment, where triable issue as to whether proffered non-discriminatory reason was pretextual. 		Employment Discrimination 1DCA/1 Dec. 26, 2017
Clemens v. Centurylink Inc.
District court has authority to award tax 'gross-up' adjustment to account for increased income-tax liability resulting from back-pay award in Title VII case. 		Employment Discrimination 9th Nov. 6, 2017
Flores v. City of Westminster
Public employees not barred from bringing federal claim for violation of right to contract although, under California law, public employment is governed by statute, not contract. 		Employment Discrimination 9th Oct. 12, 2017
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