CA Employment Causes of Action Flashcards
Defined Race/National Origin/Ethinicity Discrimination
California law prohibits an employer from discriminating against an employee because of the employee’s race. This includes the perception that a person is of a certain race.
The California statute prohibiting race discrimination is:
the Fair Employment and Housing Act (“FEHA”).
FEHA and Title VII have the same goals. Because the two statutes have the same objectives and serve the same public policy purposes, California courts usually rely on ________ to interpret analogous parts of the FEHA.
federal decisions
It t is usually better for plaintiffs to sue under FEHA in California state court, since:
(1) they can recover unlimited compensatory and punitive damages (of which there are caps under Title VII);
(2) they do not need a unanimous jury verdict (9 of 12);
(3) in general, courts interpret FEHA to be more broadly protective of plaintiffs’ rights than Title VII; AND
(4) FEHA covers smaller employers exempt from the reach of Title VII (minimum of 5 full-or part-time employees versus 15; as few as 1 employee or independent contractor for claims of harassment). FEHA also covers several classes of individuals not specifically protected by Title VII, by prohibiting discrimination on the basis of ancestry, marital status, medical condition, and sexual orientation. In particular areas of the discrimination laws, the protections under FEHA are markedly broader than under Title VII, especially in the area of the rights of disabled and pregnant employees. However, Title VII may offer more protection in certain cases of religious discrimination.
Religious Discrimination
California law prohibits an employer or labor organization from discriminating against an employee on the basis of religious beliefs or creed. CAL. GOV’T CODE § 12940.
The California statute prohibiting religious discrimination is_________. Its federal counterpart is____________
Because the two statutes have the same objectives and serve the same public policy purposes, California courts rely on federal decisions to interpret claims of discriminatory practice and failure to accommodate.
- the Fair Employment and Housing Act (“FEHA”).
2. Title VII of the Civil Rights Act of 1964
Age Discrimination
An employer violates California law when the employer discriminates against an employee because of the employee’s age. CAL. GOV’T CODE § 12941.
The California statute prohibiting age discrimination is ___________. The FEHA’s federal counterpart is the______________ 29 U.S.C. § 621et seq. Because the two statutes have the same remedial objectives and serve the same public policy interests, California courts look to federal precedent when interpreting the FEHA.
- the Fair Employment & Housing Act (“FEHA”). CAL. GOV’T CODE § 12900et seq.
- Age Discrimination in Employment Act of 1967 (“ADEA”).
However, when federal courts construe the ADEA differently from how California courts read FEHA, their decisions need not be:
considered persuasive authority. In Gross v. FBL Financial Services, Inc., U.S. , 129 S.Ct. 2343, 2350 (2009) the United States Supreme Court rejected Title VII analysis in ruling on an age discrimination claim, in particular plaintiff’s claim that mixed-motive analysis under Price Waterhouse should apply to claims under the ADEA. Price Waterhouse v. Hopkins 490 U.S. 228, 244-245 (1989). Instead, the Court held that “a plaintiff bringing a disparate-treatment claim pursuant to the ADEA must prove, by a preponderance of the evidence, that age was the ‘but-for’ cause of the challenged adverse employment action. The burden of persuasion does not shift to the employer to show that it would have taken the action regardless of age, even when a plaintiff has produced some evidence that age was one motivating factor in that decision.” 129 S.Ct. at 2353. [NB: Federal legislation may overturn the Gross holding.]
The ADEA is the exclusive federal enforcement mechanism for age discrimination in employment.
Disability Discrimination
An employer may not discriminate against an employee because the employee has a mental or physical disability or a medical condition. CAL. GOV’T CODE § 12940(a).
The California statute prohibiting disability discrimination is the ___________. The FEHA’s federal counterpart is the ______________.Because the two statutes have the same remedial objectives and serve the same public policy interests, California courts look to federal precedent when interpreting the FEHA. Cassista v. Community Foods, Inc., 5 Cal. 4th 1050, 1063, 22 Cal. Rptr. 287 (1993). However, the FEHA is intended to and does apply more broadly than the ADA. CAL. GOV’T CODE § 12926.1.
- Fair Employment & Housing Act (“FEHA”). CAL. GOV’T CODE § 12900et seq.
- Americans with Disabilities Act (“ADA”). 42 U.S.C. § 12101et seq.
Sex Discrimination
An employer may not discriminate against an employee on the basis of gender. CAL. GOV’T CODE § 12940(a).
California’s prohibition on sex discrimination is codified in the Fair Employment & Housing Act (“FEHA”). CAL. GOV’T CODE § 12900et seq. FEHA’s federal counterpart is_________.
Title VII of the Civil Rights Act of 1964. 42 U.S.C. § 2000e. Since the two statutes have identical objectives and serve the same policy purposes, California courts generally rely on federal case law to interpret FEHA provisions that are analogous to federal claims. See Fisher v. San Pedro Peninsula Hosp., 214 Cal. App. 3d 590, 262 Cal. Rptr. 842 (1989). However, many FEHA provisions provide greater protections to employees. See, e.g., Fisher v. San Pedro Peninsula Hosp., 214 Cal. App. 3d 590, 608 n.6, 262 Cal. Rptr. 842 (1989). For example, there is no statutory cap on damages under FEHA while there is such a cap under Title VII.
Sexual/Protected Characteristic Harassment–Under the Fair Employment and Housing Act (“FEHA”), sexual harassment is defined as
verbal, physical or sexual behavior directed at an individual because of his or her gender. Sexual harassment consists of any unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature. Hostile work environment is the second category. Sexual harassment is a form of sex discrimination under Article I, § 8, of the California Constitution. A CA case held that evidence supporting discrimination claims and harassment claims often overlaps, and is not necessarily exclusive.
How does CA Sexual Harassment compare to Fed?
In many respects, the FEHA parallels the federal statute, Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e), and California courts often rely on federal case law to interpret FEHA provisions which are analogous to federal claims. See Fisher v. San Pedro Peninsula Hosp., 214 Cal. App. 3d 590, 262 Cal. Rptr. 842 (1989);but see Page v. Superior Court, 31 Cal. App. 4th 1206, 1215, 37 Cal. Rptr. 2d 529 (1995) (California courts refer to federal decisions only “where appropriate”). In certain areas, California state law under FEHA provides greater protection to employees than federal law.
