No. It is not true that employers cannot discriminate against people because of any immutable characteristic. In California, the Fair Employment and Housing Act (FEHA) lays out a limited number of characteristics that are protected by the law. Federal laws also apply,...
San Francisco Education Law Blog
What is tortious interference with contracts?
When you have a contract, but a third party interferes and causes the other side to breach it, it could be “tortious interference.” A classic example is this. You’ve agreed to buy a local artist’s painting for $500. They agreed to the price and you’re ready to pick up...
Rule change would limit some ‘disparate impact’ civil rights cases
It is perhaps the most significant shift in civil rights enforcement in a generation or longer. In a last-minute proposal, the U.S. Department of Justice has proposed a rule change that would change how it enforces Title VI of the Civil Rights Act, which bars...
CA Supreme Court: 2018 independent contractor rule is retroactive
In California, it has been hard to tell who is legally considered an independent contractor vs. an employee. The distinction is significant. Independent contractors are not eligible for many workplace protections that employees take for granted, such as: Workers’...
What is a Section 1983 civil rights lawsuit?
We all know that the U.S. Constitution and some federal laws give us certain rights. For example, we have freedom of speech, the right to be free from unreasonable searches and arrests, and the right to access public accommodations. Sometimes, however, local, state...
HUD will enforce the Fair Housing Act on behalf of LGBTQ people
After an executive order by President Biden, the Department of Housing and Urban Development (HUD) will consider sexual orientation and gender identity as protected from discrimination in housing. This also follows a Supreme Court ruling establishing that the Civil...
EEOC finds evidence of systemic age discrimination at IBM
It wouldn’t be the first time a big tech company thought it would have a better image if it hired younger workers. It wouldn’t be the first time a company tried to save money by shedding expensive older workers and replacing them with younger, cheaper ones....
Report: Many more students receive failing grades during pandemic
How important is in-person instruction to a child’s school success? The coronavirus pandemic is giving unique insights into the process of learning. Even as schools and the community struggle to decide the right way to deal with the threat of illness, new information...
Can men be fired for taking paternity leave?
Generally, the answer would seem to be no. However, a recent case cast some doubt on that. Earlier this year, Steven van Soeren, a product designer for Disney, was fired shortly after he took two weeks of paternity leave. Citing examples of anti-parent bias, van...
What is ‘force majeure’ in contracts?
“Force majeure” is a term a lot of people have heard in relation to the pandemic. Roughly meaning “superior force,” the term excuses performance of the contract if unforeseeable circumstances make it truly impossible to perform. A force majeure clause could come in...