By: Sam G. Sherman, Esq. In 2009 and 2011 decisions, California courts held that Plaintiffs can support a claim of discrimination with “me-too” evidence–evidence that the employer or a particular supervisor discriminated against other similarly situated employees in the past. Common examples involve a woman supporting a pregnancy discrimination case with evidence that the employer...
By: Sam G. Sherman, Esq. Many employers feel that the law has gone so far that they cannot fire any employee for anything without risking liability. Not always true. The Fourth District Court of Appeals recently decided that a church can fire an employee for living with her boyfriend and raising their child together out...
By: Sam G. Sherman, Esq. A federal district court in Johnson v. Board of Trustees of the Boundary County School District No. 101, recently clarified the circumstances under which an employer must accommodate a disabled employee or job applicant. The Court ultimately found that the employer need not accommodate an employee in obtaining the qualifications...
By: Sam G. Sherman, Esq. On November15, 2011, the U.S. Equal Employment Opportunity Commission released its fiscal year 2011 numbers. The full text of the release can be found on the EEOC website. The EEOC received 99,947 charges of discrimination in fiscal year 2011. This was the highest number in the agency’s history. The agency...
By: Sam G. Sherman, Esq. In a case argued and briefed by Higgs, Fletcher & Mack’s appellate team of John Morris and Victoria Fuller, the Second Circuit Court of Appeals in Haligowski v. Superior Court rejected an attempt to impose individual liability against supervisors for claims of servicemember discrimination in violation of Section 394 of...
By Sam G. Sherman The U.S. Supreme Court recently denied class certification in a suit brought by a class of roughly 1.5 million female current and former Wal-Mart employees in Wal-Mart v. Dukes. The female employees alleged that Wal-Mart’s policy of providing local managers with discretion over employment decisions has a disproportionate impact against female...
The U.S. Supreme Court recently denied class certification in a suit brought by a class of roughly 1.5 million female current and former Wal-Mart employees in Wal-Mart v. Dukes. The female employees alleged that Wal-Mart’s policy of providing local managers with discretion over employment decisions has a disproportionate impact against female employees in violation of...
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