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Ninth Circuit Finally Weighs in on Student Discipline for Off-Campus, Electronic Communications

September 2013 Number 59 In a case with particular interest for school administrators addressing issues such as bullying and threats,

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Court of Appeal Distinguishes Between "Volunteer" and "Employee" for FEHA Disability Discrimination Claims

August 2013 Number 46 The California Court of Appeal, in Estrada v. City of Los Angeles (July 24, 2013) __ Cal.App.4th __ 2013 WL 3831352, recently considered whether a "volunteer" worker

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Public Employees are Generally Immune from Suit Except When Their Decisions are Fraudulent, Corrupt or Made Without Legitimate Reason

June 2013 Number 33 In Freeny v. City of San Buenaventura (June 4, 2013 ___ Cal.App.4th ___ [2013 WL 2421601]), the California Court of Appeal recently held that the California Government Tort Claims Act (Gov. Code, § 800 et seq.) prohibits plaintiffs from suing public employees for day-to-day decisions made on the job.

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Ninth Circuit Clarifies Standards for First Amendment Retaliation Involving Speech Relating to Union Grievances

April 2013 Number 16 In Ellins v. City of Sierra Madre (Mar. 22, 2013) __ F.3d__ (2013 WL 1180299), the Ninth Circuit Court of Appeals considered whether John Ellins, a police officer for the City of Sierra Madre

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Exhaustion of Leave Under Pregnancy Leave Laws Does Not Preclude An Employee's Right To Additional Leave Under Disability Laws

March 2013 Number 14 In Sanchez v. Swissport Inc. (2013) 21 Cal.App.4th 1331, the California Court of Appeal considered a case of first impression regarding the interplay

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California Supreme Court Case Affects The Standard Of Proof And Attorney's Fees Awards In FEHA "Mixed Motive" Discrimination Actions

March 2013 Number 11 For decades, employees have had a right to bring discrimination claims under California's Fair Employment and Housing Act (FEHA) based on claims that an employer's adverse employment action (such as termination) was due to the employee's protected class (e.g., race, sex, religion).

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