California courts continue to interpret whistleblower protections broadly and extend this protection to employees even when they are wrong about the law or an alleged violation. In a recent decision, a California Court of Appeal held that an employee may pursue a whistleblower retaliation claim under Labor Code section 1102.5 based on the employee’s mistaken, […]
In the recent decision of Kruitbosch v. Bakersfield Recovery Services, Inc. (CA5 F087809 partial pub. 9/8/25), a California court held that, although sexual harassment by a co-worker outside the workplace was not “work-related,” the employer’s response to the complaint can support an independent hostile environment claim against an employer. Background Plaintiff, a compliance officer for […]
Appellate court finds harassment need only alter working conditions as to ‘make it more difficult to do the job’ Most California employers understand that under the Fair Employment and Housing Act (FEHA) they are required to promptly investigate harassment complaints and take immediate steps to protect employees. However, there is no definitive guide for determining […]
In May 2025, the California Civil Rights Department (“CRD” ) released its latest “Fact Sheet on Protections Against Age Discrimination” (“Fact Sheet”) under California’s Fair Employment and Housing Act (“FEHA”). With age-related claims on the rise, this new guidance serves as a timely reminder for employers to take a closer look at their policies, hiring […]
On July 29, 2024, the California Supreme Court issued an opinion in Bailey v. San Francisco District Attorney’s Office reaffirming that the single use of a racial epithet can be severe enough to constitute actionable harassment under the California Fair Employment in Housing Act (FEHA). Bailey was a former employee of the District Attorney’s office. […]
For decades, state and federal mandates have required employers provide equal opportunity to all their employees, a mandate which requires equal access to training opportunities, promotions, and job-related tools and resources. While the principle of equal opportunity is clear, the practical application has become increasingly challenging in light of rapid changes in technology. Without any […]
On April 29, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) published its newest “Enforcement Guidance on Harassment in the Workplace” (the “Guidance”). This marks the EEOC’s first update to its anti-harassment guidelines since 1999. The Guidance incorporates practical and legal developments from the past 25 years, specifically addressing harassment in virtual or hybrid work […]