Claims, Defenses and Penalties

Filing a Discrimination Claim Under Federal LawAn employee who believes that he/she has been discriminated against on the basis of race, color, religion, sex and/or national origin must file a charge with the EEOC begin the claim process under Title VII.  More »

Filing a Discrimination Charge Under State LawAn employee who believes that he/she has been discriminated against in violation of the FEHA must file a charge with the DFEH to begin the claim process under FEHA.  More »

Claims Filed Under the California Civil CodeA California Court of Appeal held that an employee who is subjected to violence and discrimination in the workplace could sue under specified Civil Code provisions commonly associated with the California Unruh Civil Rights Act (Unruh Act).  More »

Guidelines for Responding to Discrimination InvestigationsFollow these guidelines when preparing your response to a discrimination investigation.  More »

Scope of a Discrimination InvestigationRepresentatives of the EEOC and the DFEH may seek to expand their investigation beyond the scope of the actual complaint.  More »

Managing Company Response to a Discrimination InvestigationBe careful when drafting your responses to an investigation.   More »

Awards Under FEHAA $150,000 cap exists on damages and administrative fines that the FEHC can assess against you in an employment discrimination case.  More »

Compensatory and Punitive Damages Under Title VIIThe Civil Rights Act of 1991 expanded the right of plaintiffs to compensatory and punitive damages.  More »

Front Pay Unlimited Under Title VIIThe U.S. Supreme Court created the possibility of unlimited awards in employment discrimination lawsuits in federal court, despite the $300,000 cap on damages in Title VII.  More »

Punitive Damages Under Title VIIIn Kolstad v. American Dental Association, the U.S. Supreme Court defined the circumstances under which punitive damages can be awarded against employers for unlawful intentional discrimination under Title VII.  More »

Limits on Punitive Damages in Discrimination LawsuitsThe U.S. Supreme Court limited a jury’s ability to grant unreasonable punitive damage awards.  More »

Attorneys’ Fees in Discrimination LawsuitsLegislation ended the “double taxation” of attorneys’ fees that was previously applied to individuals who win or settle employment discrimination, whistle-blower and related cases.  More »

Bona Fide Occupational Qualification (BFOQ) as a Discrimination DefenseDiscrimination based on religion, sex or national origin is not illegal if you can prove that “religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the business enterprise.  More »

Business Necessity as a Discrimination DefenseIf you maintain a practice that appears to be neutral, but creates an adverse impact on protected classes, you must prove that there is an overriding legitimate business purpose.   More »

Job-Relatedness as a Discrimination DefenseAny selection criterion or qualification must be a valid predictor of the applicant’s success at performing the job in question.  More »

Security Regulations as a Discrimination DefenseWithout a showing of discrimination, an employment practice that conforms to applicable security regulations that have been established by the United States or the State of California is lawful.  More »

Nondiscrimination or Affirmative Action Plans as a Discrimination DefenseAbsent a showing of discrimination, such an employment practice is lawful.  More »

The “Same-Actor Inference” DefenseThe Ninth Circuit Court of Appeals applies what it refers to as the “same-actor inference.”  More »

Otherwise Required by Law as a Discrimination DefenseUnless discrimination is shown, an employment practice is lawful if it is required by state or federal law, or if it is pursuant to an order of a state or federal court of proper jurisdiction.  More »