McDonnell Douglas Corp. v. Green

Holding in employment discrimination case that statistical evidence of employer's general policy and practice may be relevant circumstantial evidence of discriminatory intent behind individual employment decision

Aguilar v. Atlantic Richfield Co.

Concluding that the gathering and dissemination of pricing information by the petroleum companies through an independent industry service did not imply collusive action where there was no evidence the information was misused as a basis for an unlawful conspiracy; rather, evidence suggested that individual companies used all available resources “to determine capacity, supply, and pricing decisions which would maximize their own individual profits”

Guz v. Bechtel National, Inc.

Holding that an implied covenant "cannot be endowed with an existence independent of its contractual underpinnings. It cannot impose substantive duties or limits on the contracting parties beyond those incorporated in the specific terms of their agreement."

Yanowitz v. L'Oreal USA Inc.

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."

Miller v. Department of Corrections

Holding that there was a triable issue of fact as to whether the plaintiffs could maintain a hostile work environment claim on the ground that widespread favoritism created an atmosphere demeaning to women, where a prison warden was engaged in sexual relationships with three female employees with whom he frequently engaged in public displays of sexual conduct; and who, because of their relationship with the warden, were granted employment benefits not available to others; permitted to harass the employees without repercussions; and provided advancement opportunities based upon sexual favors rather than merit

Turner v. Anheuser-Busch, Inc.

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"

Serri v. Santa Clara University

Affirming summary adjudication of harassment claims due to lack of "hostile or derogatory statements"

White v. Ultramar, Inc.

Holding that a single act of retaliatory termination demonstrated that a middle manager "determined corporate policy"

Trujillo v. North County Transit Dist.

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"

Hersant v. Department of Social Services

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.

Section 437c - [Effective Until 1/1/2025] Motion for summary judgment

Ruling on summary judgment motion must be based on "papers submitted" with the motion

Section 3294 - When damages recoverable for sake of example and by way of punishment; employer liability for acts of employee; death from homicide

Stating plaintiff may recover punitive damages "in addition to the actual damages"

Section 12900 - Short title

Section 1102.5 - Whistleblower protection

Making it unlawful for an employer to impose any policy which "prevent an employee from disclosing information to a government or law enforcement agency ... or to another employee who has authority to investigate, discover, or correct the violation or noncompliance"

Section 12940 - [Effective Until 1/1/2025] Unlawful employment practices

Prohibiting discrimination because of "sex, ... sexual orientation," etc.

Section 1630.2 - Definitions

Holding that major life activity is substantially limited if plaintiff is "significantly restricted in the ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average person having comparable training, skills and abilities"

Section 11068 - Reasonable Accommodation

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

Defining essential and marginal functions

Section 11069 - Interactive Process

Requiring employer to explore alternative accommodations after a denial

Section 11023 - Harassment and Discrimination Prevention and Correction

Section 11067 - Defenses

Section 11017 - Employee Selection