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Supreme Court Curtails Availability Of Defense To Employers In Employment Discrimination Cases

In Fort Bend County, Texas v. Davis, the United States Supreme Court held that the requirement to file an administrative charge with the Equal Employment Opportunity Commission ("EEOC") prior to filing a discrimination lawsuit, which is set forth in Title VII of the Civil Rights Act of 1964 (Title VII), is not a "jurisdictional" requirement and is thus subject to waiver.

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Court Reaffirms Absences To Attend Medical Appointments May Be Evidence Of A Disability

In Ross v. County of Riverside, decided on June 20, 2019, the California Court of Appeal for the Fourth Appellate District reaffirmed that repeated or extended absences from work for the purpose of attending doctor's appointments amount to a limitation on a major life activity, thus physical impairments which cause such repeated or extended absences may meet the definition of a physical d

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PERB Decision Provides Guidance Addressing “Public Hearing” Requirement

In a recent decision, the Public Employment Relations Board (PERB) addressed the public hearing requirement an agency must satisfy before implementing its last, best, and final offer (LBFO), after completing applicable impasse procedures. In City of Yuba City (2018) PERB Dec. No. 2603-M, PERB upheld an administrative law judge decision dismissing an unfair practice charge brought against

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Court Clarifies Interplay Between Education Code Discipline And The Brown Act’s 24-Hour Notice Requirement

In Ricasa v. Office of Administrative Hearings, certified for publication on January 14, 2019, the California Court of Appeal attempted to harmonize an apparent dissonance between the Ralph M.

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Court Of Appeal Shields Personnel Records From Disclosure

In Associated Chino Teachers v. Chino Valley Unified School District (Nov. 29, 2018, E068163) ­­__ Cal.4th __, the California Court of Appeal for the Fourth Appellate District determined that complaints regarding a high school teacher's alleged aggressive behavior were not substantial enough to require disclosure under the California Public Records Act (CPRA).

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Employees’ Representation Rights Now Expand Beyond Oral Interviews

Three recent decisions by the Public Employment Relation Board (PERB) have expanded or highlighted employees' rights to union representation when employees are asked to prepare a written statement or are searched unclothed.

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