22 Cited authorities

Yanowitz v. L'Oreal USA Inc.
36 Cal.4th 1028 (Cal. 2005) Cited 1,569 times 11 Legal Analyses
Holding that to establish a "protected activity," an "employee's communications to the employer [must] sufficiently convey the employee's reasonable concerns that the employer has acted or is acting in an unlawful discriminatory manner."
Blank v. Kirwan
39 Cal.3d 311 (Cal. 1985) Cited 3,071 times
Holding that the standard for a failure to state a claim is whether "the complaint states facts sufficient to constitute a cause of action"
Davis v. Team Elec
520 F.3d 1080 (9th Cir. 2008) Cited 816 times 3 Legal Analyses
Holding that ostracism constituted an adverse employment action where employee's ban from "an important area of the workplace" contributed to a material change in the terms and conditions of her employment
Turner v. Anheuser-Busch, Inc.
7 Cal.4th 1238 (Cal. 1994) Cited 683 times 1 Legal Analyses
Holding that plaintiff's "claim of whistle-blower harassment fails because he cannot demonstrate the required nexus between his reporting of alleged statutory violations and his allegedly adverse treatment"
Romano v. Rockwell Internat., Inc.
14 Cal.4th 479 (Cal. 1996) Cited 585 times
Holding that a FEHA action for discriminatory discharge does not commence until the actual discharge
Green v. Ralee Engineering Co
19 Cal.4th 66 (Cal. 1998) Cited 484 times 2 Legal Analyses
Holding that an employee who reported the sale of defective aircraft parts did state a claim for wrongful discharge in violation of public policy because his action was directly connected to federal regulation of air safety
Trujillo v. North County Transit Dist.
63 Cal.App.4th 280 (Cal. Ct. App. 1998) Cited 482 times 2 Legal Analyses
Holding that the statutory language of § 12940 does not "support recovery on . . . a private right of action where there has been a specific factual finding that [the alleged] discrimination or harassment actually occurred at the plaintiffs's workplace"
Committee on Children's Television, Inc. v. General Foods Corp.
35 Cal.3d 197 (Cal. 1983) Cited 717 times 1 Legal Analyses
Holding that no fiduciary relationship existed between advertisers of cereal and consumers because "it is unnecessary to call upon the law of fiduciary relationships to perform a function for which it was not designed and is largely unsuited"
Nadaf-Rahrov v. Neiman Marcus Group, Inc.
166 Cal.App.4th 952 (Cal. Ct. App. 2008) Cited 305 times 1 Legal Analyses
Holding that "an employer's failure to engage in the interactive process is an unlawful employment practice . . . only if a reasonable accommodation existed."
Green v. State
42 Cal.4th 254 (Cal. 2007) Cited 296 times 2 Legal Analyses
Holding that the FEHA protects only employees with a disability who can perform the essential duties of the job with reasonable accommodation

Hearing Motion to Strike

22 Cited authorities

Holding that to establish a "protected activity," an "employee's communications to the employer [must] sufficiently convey the employee's reasonable concerns that the employer has acted or is acting in an unlawful discriminatory manner."

Holding that the standard for a failure to state a claim is whether "the complaint states facts sufficient to constitute a cause of action"

Holding that ostracism constituted an adverse employment action where employee's ban from "an important area of the workplace" contributed to a material change in the terms and conditions of her employment

Holding that plaintiff's "claim of whistle-blower harassment fails because he cannot demonstrate the required nexus between his reporting of alleged statutory violations and his allegedly adverse treatment"

Holding that a FEHA action for discriminatory discharge does not commence until the actual discharge

Holding that an employee who reported the sale of defective aircraft parts did state a claim for wrongful discharge in violation of public policy because his action was directly connected to federal regulation of air safety

Holding that the statutory language of § 12940 does not "support recovery on . . . a private right of action where there has been a specific factual finding that [the alleged] discrimination or harassment actually occurred at the plaintiffs's workplace"

Holding that no fiduciary relationship existed between advertisers of cereal and consumers because "it is unnecessary to call upon the law of fiduciary relationships to perform a function for which it was not designed and is largely unsuited"

Holding that "an employer's failure to engage in the interactive process is an unlawful employment practice . . . only if a reasonable accommodation existed."

Holding that the FEHA protects only employees with a disability who can perform the essential duties of the job with reasonable accommodation