The Mellor Law Firm, APLC

California Real Estate, Construction, Bankruptcy, Foreclosure and Business Litigation Lawyers

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Disparate Impact, Not Disparate Treatment.

September 2, 2015 by

With regard to a dispute about a low-income housing development in Texas, the United States Supreme Court held disparate impact claims are cognizable, stating: “Much progress remains to be made in our Nation’s continuing struggle against racial isolation. In striving to achieve our historic commitment to creating an integrated society. . . .we must remain […]

Filed Under: California Fair Employment and Housing Act -- FEHA Law News, Discrimination Law News, Legal News, U.S. Supreme Court Tagged With: 135 S.Ct. 2507, 192 L.Ed.2d 514

Previously we reported: After-Acquired Evidence Docrine Inapplicable.

June 2, 2015 by Leave a Comment

After-Acquired Evidence

Plaintiff, an African American, twice applied to become a union organizer, but both times the position was filled by white men. He filed a discrimination complaint with the Department of Fair Employment and Housing, and received a right to sue letter. He then filed an employment discrimination action. During discovery, he admitted he had been […]

Filed Under: Appellate Law News, California Fair Employment and Housing Act -- FEHA Law News, Employment Law News, Evidentiary Law News, Legal News

After Plaintiff Sued For FEHA Violations, Employer Discovered Plaintiff Used Someone Else’s Social Security Number When Hired.

September 17, 2014 by Leave a Comment

After suffering a back injury at work, plaintiff filed a workers’ compensation claim, plaintiff was laid off from his job as a seasonal worker in the swimming pool chemical field. A few months later, the employer called and asked him whether he was recovered and ready to come back to work. Plaintiff said he was […]

Filed Under: California Fair Employment and Housing Act -- FEHA Law News, California Supreme Court Law News, Employment Law News, Legal News

Failure To Exhaust Administrative Remedies Under FEHA Does Not Affect Subject Matter Jurisdiction Of Court And No Need To Prove Employer Had 5 Or More Employees Under FEHA For Harassment Based Upon Sex.

August 18, 2014 by Leave a Comment

Apparently plaintiff did not like being hugged and patted on her behind by her boss. After a judge awarded plaintiff $60,000 against her former employer for sexual harassment, the defendant employer appealed, arguing plaintiff never proved she exhausted her administrative remedies or that the employer had at least five employees. The appellate court affirmed, stating:  […]

Filed Under: Administrative Law News, Appellate Law News, California Fair Employment and Housing Act -- FEHA Law News, Legal News

Same Gender Sexual Harassment.

June 10, 2014 by Leave a Comment

Plaintiff, a heterosexual man, worked for a city, and filed an employment action, contending he was sexually harassed by two of his male supervisors and then retaliated against when he complained about the sexual harassment. The trial court granted summary judgment in favor of the two supervisors and later granted the city’s motion for judgment […]

Filed Under: Appellate Law News, California Fair Employment and Housing Act -- FEHA Law News, Civil Rights Law News, Employment Law News, Legal News, LGBT Law News

Statute Of Limitations In Employment Application Does Not Override FEHA Or Common Law That Otherwise Provides.

June 3, 2014 by Leave a Comment

Statute Of Limitations FEHA

Plaintiff brought an action against her former employer alleging claims under the Fair Employment and Housing Act [Government Code section 12900; FEHA] and two nonstatutory claims. The employer moved for judgment on the pleadings based on plaintiff’s signed application for employment where she agreed that “any claim or lawsuit . . . must be filed […]

Filed Under: Appellate Law News, California Fair Employment and Housing Act -- FEHA Law News, Legal News, Procedural Law News

Express Oral Findings Sufficient For FEHA Attorney Fees Award.

April 28, 2014 by Leave a Comment

FEHA

Plaintiff was employed by a university and terminated due to his harassment of a female employee after being given several warnings. In his action under the California Fair Employment and Housing Act (Government Code section 12900; FEHA), he contended his termination for harassment was a pretext for racial discrimination. Other than testifying he believed he […]

Filed Under: Appellate Law News, Attorney's Fees News, California Fair Employment and Housing Act -- FEHA Law News, Legal News, Trial Law News

Constructive Voluntary Quit Doctrine: Underpaid, Under Pressure And Under Protected.

April 12, 2014 by Leave a Comment

An employee went on stress leave one month after she filed a claim with the Department of Fair Employment and Housing for ongoing sexual harassment. When her doctor cleared her to go back to work, her lawyer had an electronic conversation with the employer’s lawyer regarding assurances the employee wanted before she returned to work. The […]

Filed Under: Appellate Law News, California Fair Employment and Housing Act -- FEHA Law News, Employment Law News, Legal News

Statute of limitations for wrongful termination starts on date right-to-sue notice is issued.

December 30, 2013 by Leave a Comment

Statute of limitations

The statute of limitations for an action for wrongful termination starts when the Department of Fair Employment and Housing issues its right-to-sue letter, not on the date the notice is received by the plaintiff. Hall v. Goodwill Industries of Southern California (Cal. App. Second Dist., Div. 8; March 16, 2011) 193 Cal.App.4th 718, [123 Cal.Rptr.3d 274].

Filed Under: Appellate Law News, California Fair Employment and Housing Act -- FEHA Law News, Employment Law News, Labor Law News, Legal News, Procedural Law News

FEHA Discrimination? Woman Told To Find A Bush To Relieve Herself.

November 27, 2013 by Leave a Comment

FEHA disability discrimination / Wrongful Termination

Plaintiff, one of the woman workers on a construction project, filed a complaint for discrimination, harassment and retaliation pursuant to the Fair Employment and Housing Act (FEHA) [Government Code section 12940, et seq.]. While working on the site, she often had to travel “miles from the work area” to access portable toilets. Also, the foreman frequently […]

Filed Under: Appellate Law News, California Fair Employment and Housing Act -- FEHA Law News, Discrimination Law News, Labor Law News, Legal News

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Recent News

Buying Your First House: Here is What You Need to Know About Mortgages

August 15, 2023 By Mark Mellor

Congratulations! You're ready to take the leap into homeownership, an exciting journey that begins with understanding mortgages. A mortgage is a loan provided by a lender that helps you to buy a house. You repay this loan, with interest, over a specified period. Let's dive … Read More...

Involved in a Construction Accident? Know the Types of Compensation Available

August 8, 2023 By Mark Mellor

Construction sites are bustling with activity, but amidst the organized chaos, accidents can occur, leading to severe consequences for those involved. Construction accidents can result in devastating injuries, significant medical bills, lost wages, and emotional trauma. If you … Read More...

Failure to Disclose: What Are Your Rights If a Home Seller Conceals a Defect?

July 5, 2023 By Mark Mellor

When it comes to buying a home, transparency is crucial. In the real estate world, sellers have a legal duty to provide buyers with written disclosures that outline any known defects or material facts about the property. These disclosures are designed to protect buyers and ensure … Read More...

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The Mellor Law Firm, APLC
6800 Indiana Avenue, Suite 220
Riverside, CA 92506
Phone: (951) 221-4744
Fax: (951) 222-2122
10.0Mark Albert Mellor

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