LexisNexis® Legal Newsroom
FEHA Licene Plate California

discrimination no sign

womens rights

Supreme Court Upholds Disparate Impact: What are the Practical Consequences for Mortgage Lenders?

By J.P. McGuire Boyd, Jr. , Alan B. Clark & Camden R. Webb The Supreme Court has held that disparate impact claims are valid under the federal Fair Housing Act (the “FHA”). In essence, this means that liability under the FHA can be proven by showing discriminatory effects of challenged...

California: WCAB Finds Section 132a Trumps a Collective Bargaining Agreement

How the WCAB resurrected 132a in a sick leave case In Rivera v. County of Alameda , 2015 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB affirmed the WCJ’s finding that the employer, the County of Alameda, violated Labor Code § 132a [ LC 132a ] by precluding the applicant, a juvenile institutional...

Constitutional (Equal Protection) Citizenship Victory in Texas: Villegas-Sarabia v. Johnson

"After careful consideration of the Petition and the memoranda supporting and opposing the Government’s Motion to Dismiss, the Court, for the reasons that follow, GRANTS IN PART AND DENIES IN PART the Government’s Motion to Dismiss, DECLARES that the physical presence requirements under...

Supreme Court Slams The Brakes On Challenge To Disparate Act

By Donald Kaufman and Emily Hart* As of now, the Equal Credit Opportunity Act (ECOA) prohibits dealers from unintentional, or “disparate impact,” discrimination in setting dealer reserves in auto financing. This disparate impact can result from policies or practices which have disproportionately...

Neb. Meatpacking Co. to Pay $200K Fine to Settle Citizenship Discrimination Claim

"The Justice Department announced today that it reached a settlement with Nebraska Beef Ltd., a meat packing company headquartered in Omaha, Nebraska. The settlement resolves an investigation by the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) into whether...

Fishing Hole Fight Fails To State Claim For Harassment And Discrimination

A morning out fishing on the lake ended up in a lawsuit between two residents of a gated community. In Chrzanowski v. Harriz, [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], plaintiff and defendant were both members of the Smoke Rise Club, which the court described...

SCOTUS Recognizes Disparate Impact Liability Under Fair Housing Act, But With Limitations

Fair Housing Advocates Get Major Victory at U.S. Supreme Court While everyone in America was focused on the U.S. Supreme Court’s historic marriage equality ruling, at the end of its Term, the Court also issued an important opinion under federal Fair Housing law. In a 5-4 margin, the Court, ...

State Net Capitol Journal Spotlight – Voter ID Controversies Cloud 2016 Elections

While media attention focuses on the presidential campaign, courts are making changes in voting laws in ways that could impact election outcomes in 2016 and beyond. Under the banner of combating voter fraud, Republican-run legislatures have in the last several years passed a slew of stringent voter...

Nevada Cab Companies Settle Immigration Discrimination Case: $445K Penalty

DOJ, Oct. 20, 2015 - "The Justice Department announced today that it reached an agreement with Nevada Yellow Cab Corporation, Nevada Checker Cab Corporation, and Nevada Star Cab Corporation – three Las Vegas, Nevada, taxicab companies that collectively operate under the umbrella company “Yellow...

DOJ Settles I-9 Beef with Florida Landscaper

DOJ, Nov. 23, 2015 - "The Justice Department reached an agreement today with Sunny Grove Landscaping & Nursery Inc. (Sunny Grove), a landscaping company in Ft. Myers, Florida. The settlement resolves the department’s investigation of Sunny Grove for discrimination against work-authorized...

OSC TAL on Replacing U.S. Workers with Visa Workers

DOJ OSC, Dec. 22, 2015 - "This is in response to your letter of November 2, 2015 to the Office of Special Counsel for Immigration-Related Unfair Employment Practices (“OSC” or “Office”). In your letter, you pose several questions regarding whether certain employer practices...

OCAHO on Unfair Immigration-Related Discrimination: Chellouf v. IAUPR

Chellouf v. IAUPR, Feb. 24, 2016, published Mar. 3, 2016 - "There are no winners in this case. Chellouf has lost a fine professional position at which from all reports she excelled. The university has lost a valued faculty member for whom it appears IAUPR has had great difficulty finding a capable...

California Workers’ Compensation Case Roundup (3/31/2016)

CALIFORNIA COMPENSATION CASES Vol. 81 No. 3 March 2016 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2016 LexisNexis. All rights...

Applicant’s Two Injuries Combined Met Requisite 51 Percent Causation Standard for Compensable Psychiatric Injury: Cal. Comp. Cases May Advanced Postings (5/10/2016)

Here’s the latest batch of advanced postings for the May 2016 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2016 LexisNexis. All rights reserved. State of California, Department...

California: Do Collective Bargaining Agreements Preempt Labor Code Section 132a?

Undercurrents and Future Currents: Bargaining Outside the Law in Labor Code Section 132a By Brad Wixen, Esq. In the case of Salazar v. Leprino Foods , 2016 Cal. Wrk. Comp. P.D. LEXIS --, the facts are straightforward. The employer was found after trial to have wrongfully discriminated against an...

California Workers’ Comp Cases Roundup (6/1/2016)

CALIFORNIA COMPENSATION CASES Vol. 81 No. 5 May 2016 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2016 LexisNexis. All rights...

California Skilled Nursing Facility Settles Immigration-Related Discrimination Claim, Pays $24K Penalty

DOJ, May 31, 2016 - "The Justice Department reached a settlement agreement today with Villa Rancho Bernardo Care Center (VRB), a skilled nursing facility in San Diego. The agreement resolves the department’s investigation of VRB for discrimination against work-authorized non-U.S. citizens...

New Jersey: Employment Contract Clause Limiting Statute of Limitations Is Ineffective Against Employee

In a case of first impression, the Supreme Court of New Jersey, reversing a decision by the Superior Court, Appellate Division, held that a clause in an employer’s job application form that required any claim or lawsuit against the employer to be filed no more than six months after the date of...

DOJ Settles Immigration-Related Discrimination Claim Against Macy’s

DOJ, June 22, 2016 - "The Justice Department reached an agreement today with Macy’s over allegations that the large national retailer violated the Immigration and Nationality Act (INA) by discriminating against work-authorized non-U.S. citizens at its Glendale, California, location. The...

DOJ Settles Immigration-Related Discrimination Claim Against Hartz Mountain Industries

DOJ, Aug. 9, 2016 - "The Justice Department reached an agreement today with Hartz Mountain Industries Inc. (Hartz) to resolve the department’s investigation into whether the company discriminated against work-authorized non-U.S. citizen job seekers, in violation of the Immigration and Nationality...

DOJ Proposed Rule: Standards and Procedures for the Enforcement of the INA

Federal Register / Vol. 81, No. 157 / Monday, August 15, 2016 - "The Department of Justice (Department) proposes to revise regulations implementing a section of the Immigration and Nationality Act concerning unfair immigration-related employment practices. The proposed revisions are appropriate...

SoCal Temp Staffing Co. Settles I-9 Claim for $175K

DOJ, Aug. 15, 2016 - "The Justice Department reached an agreement today with TEG Staffing Inc., also known as Eastridge Workforce Solutions, a temporary staffing agency headquartered in San Diego, to resolve allegations that their Mira Mesa, California, office discriminated against work-authorized...