The California Court of Appeal's decision in Hernandez v. Sohnen Enterprises clarifies that the FAA preempts California Code of Civil Procedure Section 1281.97, which allows employees to withdraw from arbitration if the employer fails to pay fees on time, when the agreement explicitly states it is governed by the FAA.
California's Fair Employment and Housing Act (FEHA) allows for "mixed motive" cases where disability need not be the sole cause but a significant factor in employment decisions. Lin v. Kaiser Foundation Hospitals (2023) exemplifies the application of "mixed motive" analysis, demonstrating the challenges and nuances in distinguishing between legitimate business decisions and discriminatory practices, and emphasizing the importance of clear documentation and accommodation in the workplace.
California courts have recognized "associational" disability discrimination, allowing employees to bring claims on behalf of others. Recent cases shed light on the complexities and employer obligations, emphasizing the importance of reasonable accommodations and the interactive process.
Employers need to consider disability accommodation under the ADA and FEHA before terminating employees unable to return from medical leave.
There is no charge for the initial phone consultation. Fill out the contact form on the website with detailed information about your circumstances and we will schedule a telephone appointment.
