Fast Workforce News

Workplace Resource Center | Statistical Evidence May Show Prima Facie Age Discrimination in California, Federal Court Rules

Employees can use statistical evidence to establish a prima facie case of age discrimination under California Fair Employment and Housing Act (“FEHA”), the federal appeals court in San Francisco has held. Schechner v. KPIX-TV, No. 11-15294 (9th Cir. May 29, 2012).  The statistics, however, must present a sufficiently strong showing of a stark contrast in impact on protected classes, the Court emphasized. The plaintiffs in this case, however, failed to overcome the “same actor inference” to show the employer’s legitimate business reasons for their layoff were pretextual.  Therefore, the Court affirmed summary judgment in favor of the employer.  

Jackson Lewis LLP | Workplace Resource Center | Statistical Evidence May Show Prima Facie Age Discrimination in California, Federal Court Rules.

Jackson Lewis LLP | Workplace Resource Center | California Law No Bar to Jury Trial Waiver in Arbitration Agreement, California Appeal Court Rules

California Law No Bar to Jury Trial Waiver in Arbitration Agreement, California Appeal Court Rules

Date:

6.29.2012

California law does not prohibit an employer from requiring an employee to waive his or her right to a jury trial in an agreement with an arbitration provision, the California Court of Appeal has ruled.  Pulli v. Pony Int’l, LLC, No. D059137 (Cal. Ct. App. June 19, 2012). The Court held the law simply prohibits an employer from gaining an employee’s release of a wage claim in certain cases.  Accordingly, it reversed an order denying the employer’s motion to compel arbitration of an employee’s breach-of-contract and related claims.

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Jackson Lewis LLP | Workplace Resource Center | California Law No Bar to Jury Trial Waiver in Arbitration Agreement, California Appeal Court Rules.