Insights

On May 8, 2000, San Francisco’s Board of Supervisors unanimously voted to pass legislation banning discrimination in housing and employment on the basis of height and weight. Mayor Willie Brown has signed the...

The U.S. Second Circuit Court of Appeals recently decided that a long term disability (“LTD”) plan which provides less generous benefits to those suffering from mental and emotional disabilities than to those...

The U.S. Court of Appeals for the Second Circuit in New York has recently eased the burden to be met by an employee claiming a discriminatory failure to promote. Mauro v. Southern New England Telecommunications, Inc., 2000...

As many out-of-state companies have learned to their regret, California (unlike virtually every other state) has a strong public policy against the enforcement of restrictive covenants in the employment context, such as...

The Americans with Disabilities Act (the “ADA”), 42 U.S.C. § 12101 et seq. prohibits discrimination in the hiring, advancement or discharge of a “qualified individual with a disability.” A...

As of January 1, 2000, employers in California who offer paid sick leave to their employees are required to allow those employees to use up to one-half of their yearly accrued sick leave to attend to a child, parent or spouse...

On January 21, 2000, the U.S. Court of Appeals for the Second Circuit in New York affirmed summary judgment for an employer whose recording of employee telephone conversations had been challenged as a violation of federal...

On December 20, 1999, a jury in San Francisco awarded $180,000 in compensatory damages and $1,080,000 in punitive damages to a former employee who was terminated by reason of her refusal to sign a non-compete...

The federal Civil Rights Act of 1991 amended Title VII to provide for a right to trial by jury, and to provide for recovery of punitive and compensatory damages. However, the Civil Rights Act of 1991 also established for a...

The federal Family and Medical Leave Act of 1993 (the “FMLA” or the “Act”), requires covered employers to provide eligible employees with up to 12 weeks of unpaid leave during any 12-month period for...