10 Cited authorities

Roby v. McKesson Corp.
47 Cal.4th 686 (Cal. 2009) Cited 539 times 6 Legal Analyses
Holding "there is no basis for excluding evidence of biased personnel management actions so long as that evidence is relevant to prove the communication of a hostile message"
Morgan v. Regents of University of California
88 Cal.App.4th 52 (Cal. Ct. App. 2000) Cited 652 times 4 Legal Analyses
Holding plaintiff "must obtain from the [DFEH] a notice of right to sue in order to be entitled to file a civil action in court based on violations of FEHA"
Johnson v. City of Loma Linda
24 Cal.4th 61 (Cal. 2000) Cited 598 times 1 Legal Analyses
Holding that an administrative finding is binding on subsequent FEHA claims when an employee pursues administrative remedies, receives an adverse finding, and fails to have the finding set aside through a successful mandate action in superior court
Richards v. CH2M Hill, Inc.
26 Cal.4th 798 (Cal. 2001) Cited 403 times 4 Legal Analyses
Holding that, in the context of FEHA claims, "[i]f the employer has made clear in word and deed that the employee's attempted further reasonable accommodation is futile, then the employee is on notice that litigation, not informal conciliation, is the only alternative for the vindication of his or her rights"
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."
Chavez v. City of Los Angles
47 Cal.4th 970 (Cal. 2010) Cited 289 times 3 Legal Analyses
Holding that a reduced fee award is appropriate where a claimant achieves only limited success
Kirby v. Immoos Fire Protection, Inc.
53 Cal.4th 1244 (Cal. 2012) Cited 198 times 27 Legal Analyses
Holding attorneys' fees “not authorized” for meal or rest period claims
Lelaind v. City and County of San Francisco
576 F. Supp. 2d 1079 (N.D. Cal. 2008) Cited 186 times
Holding that a manager's negative treatment could be found to be an adverse employment action if it "negatively and materially affected" the plaintiff's "ability to acquire and develop skills to advance up the career ladder"
Miller v. United Airlines, Inc.
174 Cal.App.3d 878 (Cal. Ct. App. 1985) Cited 51 times
Finding administrative exhaustion to be jurisdictional where no EEOC or DFEH charge was filed
Section 11068 - Reasonable Accommodation
Cal. Code Regs. tit. 2 § 11068 Cited 82 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 ...."

Trial_brief

10 Cited authorities

Holding "there is no basis for excluding evidence of biased personnel management actions so long as that evidence is relevant to prove the communication of a hostile message"

Holding plaintiff "must obtain from the [DFEH] a notice of right to sue in order to be entitled to file a civil action in court based on violations of FEHA"

Holding that an administrative finding is binding on subsequent FEHA claims when an employee pursues administrative remedies, receives an adverse finding, and fails to have the finding set aside through a successful mandate action in superior court

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 a reduced fee award is appropriate where a claimant achieves only limited success

Holding attorneys' fees “not authorized” for meal or rest period claims

Holding that a manager's negative treatment could be found to be an adverse employment action if it "negatively and materially affected" the plaintiff's "ability to acquire and develop skills to advance up the career ladder"

Finding administrative exhaustion to be jurisdictional where no EEOC or DFEH charge was filed

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 ...."