The city of Los Angeles deems those who serve as volunteer police reserve officers as employees for the limited purpose of extending workers’ compensation benefits. The appellate court held: “The City’s policy decision to extend workers’ compensation benefits to these individuals, who voluntarily put themselves in harm’s way on behalf of the community, does not transform the volunteers‘ […]
In FEHA Action, No Need To Show Action Frivolous In Order To Obtain Ordinary Costs.
The trial court granted a motion for summary judgment in favor of a fire department in a FEHA case [California Fair Employment and Housing Act; Government Code section 12900], and then ordered plaintiff to pay costs of $5,368.88. On appeal, the court stated: “The issue presented is whether the District, as the prevailing party, must show […]
Long Time Employee Fired After Discrimination On Statute Of Limitations Issues.
Plaintiff worked for defendant since 1979 and was consistently praised for her work. In 2006, she began working under a new supervisor. The new supervisor made numerous “condescending” comments about plaintiff’s Hispanic heritage, criticized her work and told employees “that he did not want employees speaking Spanish around him. After a number of incidents, plaintiff was […]
Employer May Distinguish Between Disability Caused Misconduct And Disability Under FEHA.
In Wills v. The Sup. Ct. of Orange County (Cal. App. Fourth Dist., Div. 3; April 13, 2011) (As Mod., May 12, 2011) 194 Cal.App.4th 312, [2011 DJDAR 5338], an employee of the Superior Court suffered from bipolar disorder. During a manic episode she threatened fellow employees and others. The Court discharged her for this conduct and she sued, […]
Partner In Medical Group Has Standing To Sue Under FEHA.
A doctor was the regional director for an emergency physicians’ medical group with 700 partners who work in emergency rooms throughout California. She served on the Board of Directors for 11 months when she was terminated from her position as regional director after she reported that “certain officers and agents” of the group had sexually harassed […]