Court Allows Injured Worker’s FEHA Claims

A former supervisor for a security firm can proceed with his employment discrimination claims under the California Fair Employment and Housing Act (FEHA).  A decision by the Sixth District Court of Appeal allows the employees to file for alleged failure to provide reasonable accommodation or engage in the interactive process, wrongful termination, and other claims. … Read More »

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California’s FEHA Eligibility For Illegal Aliens Goes To US Supreme Court

A California business is asking the United States Supreme Court to overturn a California Supreme Court decision allowing an illegal alien to sue the company for disability discrimination because it failed to bring him back after a workers’ comp injury. The employer maintains that federal immigration law trumps California labor law – that it can’t … Read More »

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Delivery Driver’s Discrimination Claims Thrown Out

In George Rickards v. United Parcel Service, Inc. et al., the Second Appellate District addressed the trial court’s grant of summary judgment to the employer on the ground that a former full-time package driver did not file a verified complaint with the Department of Fair Employment and Housing (DFEH) and, thus, failed to satisfy a … Read More »

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Trial Court Upheld on Firefighter’s Disability Discrimination, Reasonable Accommodation, Interactive Process Claims

In Steven L. Robinson v. City of Los Angeles, et al., an unpublished decision, the Second Appellate District affirmed summary judgment against the plaintiff, a firefighter and fire department helicopter pilot who became disabled and filed a claim under the Fair Employment and Housing Act (FEHA) (Gov. Code, §12900, et seq.) for disability discrimination, failure … Read More »

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FEHA Decision May Cause Arbitration Problems

The California Supreme Court dealt a blow to all California employers in a Fair Employment and Housing Act (FEHA) age discrimination case when it reversed a court of appeal decision and the original arbitration award that had dismissed the underlying complaint. The court did manage not to accept the former employee’s argument that the arbitration … Read More »

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Managers Plead Guilty to Denying Comp Benefits

Two managers at a large self-insured employer in California agreed to plead guilty to charges they conspired to deny workers’ comp benefits to workers injured on the job. The case came to light after workers filed a complaint with the Monterey County District Attorney’s office in 2006, alleging the managers were using pressure tactics on … Read More »

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Free Back-to-Work Money for Employers

A little-used California workers’ comp program subsidizes employers for bringing injured workers back to work. Employers with employees out on workers’ comp have an affirmative obligation to try to get them back on the job, which can include making reasonable accommodations for the workers’ special needs. And that’s where the state’s Return-to-Work (RTW) Reimbursement Program … Read More »

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Recent En Banc Cases Wreak Havoc with Reserves

Now there is a great deal of uncertainty in the industry around the whole issue of permanent disability. It is starting to wreak havoc in both underwriting and reserving practices, say industry veterans. The Workers’ Compensation Appeals Board’s recent en banc decisions in Ogilvie and Almaraz/Guzman have created the issues. (see Workers’ Comp Executive Flash Report … Read More »

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