Articles Posted in Discrimination

California Appeals Court Declines to Apply FEHA to Companies with Fewer than Five Permanent Employees
Hardin Law Group

California has some of the most employee-protective employment laws in the country. With the addition of the federal laws that protect employees nationwide, our state is one of the best states to be an employee. Unfortunately, not everyone is equally protected by our state’s employment laws. The California Court of Appeal recently issued a ruling…

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When Do California Courts Admit Evidence of Employment Discrimination?
Hardin Law Group

When a person files a lawsuit alleging employment discrimination, harassment, or retaliation, they often must introduce evidence to substantiate their claims. Plaintiffs must explain why their evidence is admissible. For example, courts often will not admit statements from someone who is not present during a trial or hearing if a party uses the out-of-court statement…

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How Do Jury Instructions Affect the Outcome of a Case?
Hardin Law Group

When an employment dispute goes to trial, the outcome can depend in large part on jury instructions. The judge’s instructions can help the jury resolve difficult factual issues and understand key terms in California employment cases. When a judge gives erroneous or misleading jury instructions, a losing party may challenge those instructions on appeal. For…

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Do Arbitration Agreements Apply to Future Employment?
Hardin Law Group

Arbitration agreements require parties to resolve a dispute through arbitration rather than filing a lawsuit. When a person begins their employment with a new employer, they often must sign an agreement to arbitrate any disputes arising from their employment. Many arbitration agreements allow the employer to choose the arbitrator, which may disadvantage the employee. Typically,…

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How Does California’s Anti-SLAPP Law Apply to Employment Disputes?
Hardin Law Group

California’s anti-SLAPP law helps to identify and dismiss frivolous lawsuits that intend to hinder a person or entity from exercising their First Amendment right to freedom of speech and petition. To defend against a burdensome lawsuit, a defendant can file an anti-SLAPP motion to dismiss the suit. An anti-SLAPP motion places the burden on the…

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California’s Fair Employment and Housing Act
Hardin Law Group

The California Fair Employment and Housing Act (FEHA) is a comprehensive civil rights law that protects individuals from discrimination, harassment, and retaliation in employment and housing. FEHA covers a wide range of protected classes, including race, gender, disability, and sexual orientation, and applies to public and private employers, labor organizations, and employment agencies. FEHA Provides…

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What Is Bad Character Evidence in a California Employment Lawsuit?
Hardin Law Group

If an employee sues their employer for discrimination, harassment, or retaliation, the employer may attempt to cast the employee in an unfavorable light. This often takes the form of bad character evidence, which suggests the employee possesses a negative trait. Bad character evidence often has no impact on the legal claims at issue and only…

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California Court Says Employee’s Age Discrimination Case Should Proceed to Trial
Hardin Law Group

In this blog post, we discuss a significant California employment law case where the plaintiff appealed a trial court’s granting of summary judgment in favor of his employer, the Permanente Medical Group, Inc. The case underscores key aspects of California’s Fair Employment and Housing Act (FEHA) in addressing age discrimination and workplace rights. The Facts…

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What Constitutes Adverse Employment Action in California?
Hardin Law Group

What is an Adverse Employment Action? In the complex and ever-changing landscape of employment law, understanding what constitutes an “adverse employment action” is crucial for both employers and employees. As a leading Los Angeles employment law firm, the Hardin Law Group wants to clarify these often misunderstood aspects of employment law. This is particularly important…

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Do I tell my employer about my disability?
Hardin Law Group

As a worker with a disability in the state of California, it is important that you know how laws protect you in the workplace. Although the Americans with Disabilities Act (ADA) sets forth regulations that ensure equal opportunity for all employees, reporting a disability can often times feel disconcerting. Even with most job applications incorporating…

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