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 …

$1.37 Million Award in a Religious Discrimination Case

Wrongful termination cases based on religious discrimination are generally are far less common than other types of discrimination, because few employee exercise their religious rights in a way that would affect that work or attendance. In May v Community Development Commission of Los Angeles (2014), the claimant was 13 year-employee resident manager with the defendant Read More …

Court Says Employment Status is Not a Reason to Deny Reasonable Accommodations

The recent court decision in Swenson v Morongo Unified School District has an important holding on disability laws for California employees. It re-affirms that an employee’s employment and disciplinary status are not grounds for denying reasonable accommodations under ADA and FEHA. In Swanson, the claimant  – a teacher with nearly 30 years of work experience Read More …