California Supreme Court Holds That Third-Party Agents of Employers Can Be Directly Liable to Employees for Violating the Fair Employment and Housing Act

Posted by Kent F. LowryAug 22, 20230 Comments

California's Fair Employment and Housing Act (the FEHA) is a state anti-discrimination law. It protects California employees from discrimination, harassment, and retaliation in the workplace on the basis of sex, sexual orientation, race, age, religion, and several other bases. The FEHA does not ...

Supreme Court Reaffirms Strict Nature of Lower Courts’ Gatekeeping Role in Deciding Whether to Admit Evidence of Other Sexual Acts in Sexual Misconduct Cases

Posted by Kent F. LowryAug 17, 20230 Comments

In civil sexual harassment, sexual assault, and sexual battery cases, the plaintiff victim usually alleges severe emotional distress as one of the harms caused by the alleged sexual misconduct. When that happens, the defendants (usually the accused perpetrator and his employer) look for and try t...

California Supreme Court Concludes No Right to Cross-Examine Accuser or Witnesses at a Live Hearing in Private College Proceedings Investigating Sexual Assaults and Related Violent Acts

Posted by Kent F. LowryAug 11, 20230 Comments

Sadly, some men continue to sexually assault and batter women. Such outrageous conduct subjects those men to criminal liability and puts their freedom at stake. When it happens on a college campus, it subjects those men to other sanctions, as well, including expulsion. In a recent case involving ...

Is a Part-Time Art Teacher in a Religious School a Minister? California Court of Appeal Will Let a Jury Decide the Issue After Reinstating Age-Discrimination Case Against Catholic School

Posted by Kent F. LowryJun 05, 20230 Comments

Religious employers have at their disposal some defenses that non-religious employers do not have in employment discrimination cases. One of the unique defenses—the ministerial exception—was at issue in a recently-decided case against a school located within the Los Angeles Archdiocese. The plai...