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In Estrada v. City of Los Angeles, Volunteer NOT an Employee Under FEHA Because a Volunteer is Not Paid Wages (Remuneration)

Fair Employment and Housing Act of California (FEHA) provides considerable protections to employees from discrimination due to a person’s – Age (40 and over) – Ancestry – Color – Religious Creed (including religious dress and grooming practices) – Denial of Family and Medical Care Leave – Disability (mental and physical) including HIV and AIDS – […]

What is NOT Enough to Prove Retaliation Under Federal Law?

Plaintiff (in the lower court matter, later Respondent), a physician, believed that he was being discriminated against by his supervisor at University of Texas’ Soutwestern Medical Center (his employer where he held a teaching position) because of his religion and ethnic heritage.  The University had an arrangement with a hospital whereby vacant positions would be […]

Under Federal Law-Strict Liability Does Not Apply to All Situations

When employees are harassed, it is not always the supervisor who is the harasser.  But when an employee is harassed, when is the employer liable to compensate the employee who was harassed and in what instances is the employer not liable under Federal Law? The Supreme Court of the United States (SCOTUS) clarified this on June 24, 2013.  […]

When is Sexual Harassment NOT Severe and Pervasive?

The verdict is in and the California Court of Appeal upheld the summary adjudication of claims of sexual harassment and intentional infliction of emotion distress in the case McCoy v. Pacific Maritime Association, et al., when comments regarding other women’s bodies were made in McCoy’s presence about five to nine times.  The court provided the […]