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California’s Confidentiality of Medical Information Act (CMIA) protects employees from discrimination for refusing to disclose their medical information. This law is increasingly significant, particularly as it has been invoked by opponents of vaccine mandates. Individuals have attempted to use the CMIA to prevent employers from requiring them to reveal their vaccination status or comply with…

California employment law can be notoriously complex, particularly when it comes to navigating the procedural rules that govern discrimination and wrongful termination claims. Even when someone has a strong case, failing to follow the proper procedures can lead to dismissal of the case before it even gets to trial. A recent decision from a California…

In California, employees who believe they have been discriminated against or wrongfully terminated can file a claim under state law. However, employers often attempt to defend themselves by providing a nondiscriminatory reason for their actions, such as citing financial difficulties or poor performance. Human Resources departments typically play a significant role in documenting these reasons,…

Employment discrimination and harassment in California take various forms, encompassing issues related to gender, race, ethnicity, sexual orientation, and more. However, racial discrimination remains one of the most enduring and pervasive problems in workplaces across the state. The California Supreme Court recently addressed a significant issue: whether a single use of a racial slur at…

Workplaces in California can often be environments filled with interpersonal conflicts. While some disputes may stem from personality clashes or disagreements, others may escalate into unlawful treatment or discrimination, especially when superiors exploit their positions of power. Not every conflict in the workplace rises to this level, and it is the role of California courts…

California employment law provides robust protections for employees against discrimination, harassment, unlawful termination, and more. Importantly, the law also shields employees from retaliation when they raise complaints, attempt to resolve issues, or take other actions in response to workplace problems. Recently, a California Court of Appeal opinion clarified what is required for an employee’s retaliation…

There is a growing trend among employment rights advocates, legislatures, and some courts to weaken the power of employers to force employees into arbitration agreements. While such agreements are enforceable under many circumstances, there are cases where forced arbitration clauses have been rejected as unconscionable. In 2022, the U.S. Congress passed a law to protect…

In California, both public and private employees injured on the job are entitled to workers’ compensation insurance coverage. This coverage is designed to pay all or part of their wages while they are recovering from work-related injuries. However, to receive these benefits, employees must adhere to specific rules and guidelines, including attending medical appointments and…

When an employee brings a discrimination, harassment, or retaliation lawsuit, the employee and their employer often undergo discovery, through which both parties share relevant evidence with the opposing party. The law allows a few exceptions to discovery requirements, including attorney-client privilege and work product doctrine. A party does not have to share confidential communications with…

Under California law, employees who wish to bring a claim for employment discrimination, harassment, or retaliation must exhaust their administrative remedies before filing a lawsuit in state court. To exhaust their remedies, employees must first file a complaint with the California Department of Fair Employment and Housing, which investigates the claim. Following an investigation, the…