Employers’ Duty to Prevent Discrimination And Harassment

California employers have an affirmative duty to take reasonable steps to prevent harassment or discrimination from occurring (Government Code 12940(k). Employers’ duty to prevent discrimination requires that employer respond promptly and properly to allegations of harassment or discrimination that are known to it (Trujillo v. North County Transit District (1998)). And it applies equally to Read More …

Denial of Promotion and Discrimination Cases

There are two important reasons why denial of promotion cases based on claimed discrimination are generally harder to prove and win and are less attractive financially and practically. (a) Limited damages. Both economic and non-economic (emotional distress) damages in failure to promote cases are usually significant lower than in wrongful termination cases. The “value” of Read More …

Employee’s Own Declaration Can Support Discrimination Claim

The recent Ninth Circuit case Nigro v Sears, Roebuck & Co. (2015), is extremely helpful in discrimination cases where an employee doesn’t have much proof of discrimination beyond his own testimony about the statements or actions taken against him that are discriminatory.  In Nigro, a disability discrimination case, the claimant submitted a declaration stating that Read More …