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,...
Month: March 2021
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...