22 Cited authorities

Humphrey v. Memorial Hospitals Ass'n
239 F.3d 1128 (9th Cir. 2001) Cited 582 times 7 Legal Analyses
Holding that employer had a duty to accommodate employee with obsessive compulsive disorder, which interfered with her ability to get to work on time, or at all, but did not affect her ability to function effectively as a medical transcriptionist
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"
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"
Faust v. California Portland Cement Co.
150 Cal.App.4th 864 (Cal. Ct. App. 2007) Cited 252 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..."
Sandell v. Taylor-Listug, Inc.
188 Cal.App.4th 297 (Cal. Ct. App. 2010) Cited 176 times 1 Legal Analyses
Holding that, to allege an age discrimination claim, a plaintiff must present evidence that she is over the age of forty
Soria v. Univision Radio L. A., Inc.
5 Cal.App.5th 570 (Cal. Ct. App. 2016) Cited 134 times 2 Legal Analyses
Holding that evidence employee was disciplined for her long-time issues with punctuality only after she disclosed a disability to her supervisor contributed to finding of pretext
Dudley v. Department of Transportation
90 Cal.App.4th 255 (Cal. Ct. App. 2001) Cited 187 times
Holding prima facie case under both CFRA and FMLA requires showing of causal link between exercise of right to take leave and adverse employment action
Williams v. Beechnut Nutrition Corp.
185 Cal.App.3d 135 (Cal. Ct. App. 1986) Cited 166 times
Holding that to state a prima facie case for breach of express warranty a plaintiff must allege that the breach of warranty proximately caused an injury
Nelson v. United Technologies
74 Cal.App.4th 597 (Cal. Ct. App. 1999) Cited 100 times
Holding that plaintiff can state a valid public policy claim under California law on the basis of an alleged violation of the CFRA
A.M. v. Albertsons, LLC
178 Cal.App.4th 455 (Cal. Ct. App. 2009) Cited 42 times 1 Legal Analyses
Holding even if employer makes efforts at accommodation, a single failure to reasonably accommodate an employee is sufficient to find liability
Section 2601 - Findings and purposes
29 U.S.C. § 2601 Cited 7,830 times 39 Legal Analyses
Finding that there is inadequate job security for employees who have serious health conditions that prevent them from working for temporary periods
Section 11068 - Reasonable Accommodation
Cal. Code Regs. tit. 2 § 11068 Cited 83 times 1 Legal Analyses
Granting or extending a leave may be a reasonable accommodation "provided that the leave is likely to be effective in allowing the employee to return to work at the end of the leave ...."
Section 11065 - Definitions
Cal. Code Regs. tit. 2 § 11065 Cited 71 times 7 Legal Analyses
Defining essential and marginal functions
Section 11091 - Requests for CFRA Leave: Advance Notice; Certification; Employer Response
Cal. Code Regs. tit. 2 § 11091 Cited 22 times 6 Legal Analyses
(a) Advance Notice. (1) Verbal Notice. Unless an employer waives its employees' notice obligations described herein, an employee shall provide at least verbal notice sufficient to make the employer aware that the employee needs CFRA leave, and the anticipated timing and duration of the leave. The employee need not expressly assert rights under CFRA or FMLA or even mention CFRA or FMLA to meet the notice requirement; however, the employee must state the reason the leave is needed, such as, for example
Section 11087 - Definitions
Cal. Code Regs. tit. 2 § 11087 Cited 13 times 3 Legal Analyses
Defining "[e]ligible employee" as an employee "who has actually worked . . . for the employer at least 1,250 hours during the 12-month period immediately prior to the date the CFRA leave is to commence"
Section 7297.0 - Definitions. [Renumbered]
Cal. Code Regs. tit. 2 § 7297.0 Cited 10 times 1 Legal Analyses
Adopting the definition of continuing treatment "as detailed in FMLA and its implementing regulations"

Notice Entry of Order

22 Cited authorities

Holding that employer had a duty to accommodate employee with obsessive compulsive disorder, which interfered with her ability to get to work on time, or at all, but did not affect her ability to function effectively as a medical transcriptionist

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 the critical question in a failure-to-accommodate case is "whether the informal process broke down, and, if so, which party was responsible"

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..."

Holding that, to allege an age discrimination claim, a plaintiff must present evidence that she is over the age of forty

Holding that evidence employee was disciplined for her long-time issues with punctuality only after she disclosed a disability to her supervisor contributed to finding of pretext

Holding prima facie case under both CFRA and FMLA requires showing of causal link between exercise of right to take leave and adverse employment action

Holding that to state a prima facie case for breach of express warranty a plaintiff must allege that the breach of warranty proximately caused an injury

Holding that plaintiff can state a valid public policy claim under California law on the basis of an alleged violation of the CFRA

Holding even if employer makes efforts at accommodation, a single failure to reasonably accommodate an employee is sufficient to find liability

Finding that there is inadequate job security for employees who have serious health conditions that prevent them from working for temporary periods

Granting or extending a leave may be a reasonable accommodation "provided that the leave is likely to be effective in allowing the employee to return to work at the end of the leave ...."

Defining essential and marginal functions

Defining "[e]ligible employee" as an employee "who has actually worked . . . for the employer at least 1,250 hours during the 12-month period immediately prior to the date the CFRA leave is to commence"

Adopting the definition of continuing treatment "as detailed in FMLA and its implementing regulations"