17 Cited authorities

  1. Caterpillar Inc. v. Williams

    482 U.S. 386 (1987)   Cited 11,651 times   8 Legal Analyses
    Holding that the rule that a federal defense does not suffice to show that a claim arises under federal law applies "even if the defense is anticipated in the plaintiff's complaint, and even if both parties concede that the federal defense is the only question truly at issue"
  2. Allis-Chalmers Corp. v. Lueck

    471 U.S. 202 (1985)   Cited 2,758 times   4 Legal Analyses
    Holding that § 301 does not preempt state law claims based on non-negotiable, independent rights
  3. Harris v. City of Santa Monica

    56 Cal.4th 203 (Cal. 2013)   Cited 384 times   46 Legal Analyses
    Holding Fair Employment and Housing Act "does not purport to outlaw discriminatory thoughts, beliefs, or stray remarks that are unconnected to employment decisionmaking."
  4. Laabs v. City of Victorville

    163 Cal.App.4th 1242 (Cal. Ct. App. 2008)   Cited 379 times
    Finding no abuse of discretion where the trial court "could have easily concluded that at the time plaintiff refused to admit such matters she reasonably held a good faith belief that she would prevail at trial on these issues"
  5. Hersant v. Department of Social Services

    57 Cal.App.4th 997 (Cal. Ct. App. 1997)   Cited 492 times
    Holding that "to avoid summary judgment, an employee claiming discrimination must offer substantial evidence that the employer's stated nondiscriminatory reason for the adverse action was untrue or pretextual, or evidence the employer acted with a discriminatory animus, or a combination of the two, such that a reasonable trier of fact could conclude the employer engaged in intentional discrimination.
  6. Arteaga v. Brink's, Inc.

    163 Cal.App.4th 327 (Cal. Ct. App. 2008)   Cited 335 times   6 Legal Analyses
    Holding that elements of a common law disability discrimination claim are the same as those of a FEHA claim
  7. Hanson v. Lucky Stores, Inc.

    74 Cal.App.4th 215 (Cal. Ct. App. 1999)   Cited 382 times   3 Legal Analyses
    Holding that "a finite leave of absence has been considered to be a reasonable accommodation under ADA, provided it is likely that following the leave the employee would be able to perform his or her duties"
  8. Jensen v. Wells Fargo Bank

    85 Cal.App.4th 245 (Cal. Ct. App. 2000)   Cited 361 times   1 Legal Analyses
    Holding that the critical question in a failure-to-accommodate case is "whether the informal process broke down, and, if so, which party was responsible"
  9. 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
  10. Faust v. California Portland Cement Co.

    150 Cal.App.4th 864 (Cal. Ct. App. 2007)   Cited 250 times   2 Legal Analyses
    Finding fact issue on plaintiff's FEHA disability discrimination claim with respect to employer's knowledge where a physician's work status report advised employer that plaintiff was "unable to perform regular job duties..."