The Mellor Law Firm, APLC

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

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Summary Judgment Reversed In Wrongful Termination Action.

February 8, 2016 by

More than a year after plaintiff’s employment was terminated, he brought an action against his employer for common law wrongful termination against public policy, contending he was treated unfairly and discriminated against because he suffered a work-related injury and was disabled. Defendant employer brought a motion for summary judgment, arguing plaintiff’s action is barred by the exclusivity doctrine under Workers’ Compensation statutes and the one-year statute of limitations under the Fair Employment and Housing Act

Filed Under: Appellate Law News, Disability Law News, Discrimination Law News, Legal News, Summary Judgment Law News, Wrongful Termination Law News Tagged With: § 12900, § 335.1, 196 Cal.Rptr.3d 68, 242 Cal.App.4th 1367, Civ.Proc., Civ.Proc. § 335.1, Code of Civil Procedure section 335.1, Govt.Code § 12900, section 335.1

No Age Discrimination By Athletic Club.

January 30, 2016 by

age discrimination by athletic club

An athletic club offers a range of membership levels, providing various privileges at one or more locations. The Young Professional program—at issue in this litigation—offers a reduced-cost membership for individuals ages 18 to 29, in recognition of the reduced financial resources of the under-30 age group. Launched in 2003, the program is offered at all but two of defendant’s facilities, and restricts access hours at two of defendant’s other facilities.

Filed Under: Appellate Law News, Discrimination Law News, Legal News, Summary Judgment Law News Tagged With: § 17200, § 51, 195 Cal.Rptr.3d 706, 242 Cal.App.4th 1386, Bus. & Prof. Code § 17200, Business and Professions Code section 17200, Civ.Code, Civ.Code § 51, Civil Code, Civil Code section 51, section 17200, section 51

Question Of Fact In Age Discrimination Case.

October 26, 2015 by

Plaintiff is a border patrol agent within the Department of Homeland Security who at 54 was the oldest of the 24 persons who applied for one of four open positions within the agency. The four persons selected ranged from 44 to 48 years old. He sued for age discrimination, and the agency moved for summary […]

Filed Under: Discrimination Law News, Employment Law News, Legal News, Ninth Circuit Court of Appeal Law News Tagged With: 795 F.3d 1170

Pork.

September 3, 2015 by

A prison inmate is a Muslim and a member of the Nation of Islam, a religious organization. His religious beliefs forbid him from consuming or handling pork. Prison officials ordered the inmate to cook pork loins as part of his kitchen duties. The Ninth Circuit held prison employees violated the inmate’s clearly established right to […]

Filed Under: Constitutional Law News, Criminal Law News, Discrimination Law News, First Amendment Law News, Law Enforcement Law News, Legal News, Ninth Circuit Court of Appeal Law News Tagged With: 791 F.3d 1023

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

All Female Staffing Policy For Some Prison Jobs Not Discrimination Against Males.

August 19, 2015 by

Discrimination

A prison designated a number of female-only positions, and the prison guard union brought suit for discrimination against male correctional officers. In a 1993 case [Jordan v. Gardner (1993) 986 F.2d 1521], a federal court halted the practice of permitting cross-gender pat down searches in nonemergency situations. In addition, over the years, there have been instances […]

Filed Under: Constitutional Law News, Criminal Law News, Discrimination Law News, Employment Law News, Legal News Tagged With: 986 F.2d 1521

Racially Profiling Hispanics Again!

July 21, 2015 by

Profiling

The background involves allegations the Maricopa County, Arizona Sheriff Joseph M. Arpaio’s police force has a custom, policy and practice of racially profiling Latino drivers and passengers, and of stopping them pretextually under the auspices of enforcing federal and state immigration-related laws, resulting in longer and more burdensome detentions for Latinos than for non-Latinos in […]

Filed Under: Civil Rights Law News, Constitutional Law News, Discrimination Law News, Legal News Tagged With: 784 F.3d 1254

Not Protected Activity Under Anti-SLAPP Statute.

June 25, 2015 by

A doctor brought an action against a hospital alleging both race and gender discrimination in several ways in different causes of action. The trial court granted the hospital’s anti-SLAPP motion, and the doctor appealed. The appellate court, while recognizing the hospital’s peer review process was involved in the doctor’s termination, reversed with regard to the […]

Filed Under: Anti-SLAPP Law News, Appellate Law News, Discrimination Law News, Emotional Distress Law News, Legal News, Tort Law News

Reasonable Accommodation Does Not Require Elimination Of Essential Job Function.

May 27, 2015 by Leave a Comment

Plaintiff injured his knee at work in 2003 and thereafter underwent several surgeries and procedures, and was placed on light duty. The employer, a public entity, had an accommodations committee which offered plaintiff either a lateral job move or a demotion to assume a lesser job, neither of which appealed to plaintiff. As negotiations continued, […]

Filed Under: Appellate Law News, Discrimination Law News, Employment Law News, Legal News

State Prisoner Allowed To Have A Beard.

April 27, 2015 by Leave a Comment

religion

Arkansas’s state prison’s grooming policy prohibits the growth of facial hair for security reasons. A prisoner, who is fundamentalist Muslim, asserts the prison’s policy burdens his practice of religion. The United States Supreme Court held that the policy violates 42 U.S.C. § 2000cc [the Religious Land Use and Institutional Persons Act of 2000] which prohibits […]

Filed Under: Discrimination Law News, Legal News, U.S. Supreme Court

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Recent News

Don’t Let Wire Fraud Real Estate Scams at Closing Stress You Out: Here’s How You Can Avoid It

January 24, 2023 By Mark Mellor

For years you diligently save up to buy your first house. After months of searching through listings, you finally find your dream home and make an offer that gets accepted. Just days before closing, everything goes smoothly until you get an email from your "real estate agent" … Read More...

Do’s and Don’ts for Getting a Loan Modification and Is It the Right Option for You

January 18, 2023 By Mark Mellor

Are you struggling to pay your mortgage loan? If so, a loan modification may be an option for you. Loan modification can make your loan more affordable and help you avoid foreclosure. But before applying for a loan modification, it's important to understand what it is, and … Read More...

You’ve Been Involved in an Accident, What Now?: How to Find the Best Car Accident Attorney

January 3, 2023 By Mark Mellor

According to the Bureau of Transportation, around 13 car crashes occur every minute in the U.S. When an accident happens it's important to know what steps to take and how to protect your rights. The most important step you can take is to hire a qualified car accident attorney … Read More...

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

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