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Employment · Employer defense
Discrimination and harassment defense
Discrimination and harassment claims allege that an employer treated an employee differently because of a protected characteristic, allowed a hostile work environment, or failed to accommodate a disability. Fernald & Zaffos defends employers against these claims under California’s Fair Employment and Housing Act, Nevada law and federal law, and has won a discrimination case at jury trial.
Leads this practice
Adam P. Zaffos · Partner
More than 25 years of complex litigation, including employment and class actions as a senior litigator at The Wonderful Company. Admitted in California.
What these claims allege
- Discrimination because of a protected characteristic such as disability, age, sex, race or religion (Gov. Code § 12940(a))
- Harassment, including a hostile work environment (Gov. Code § 12940(j))
- Failure to provide reasonable accommodation or engage in the interactive process (Gov. Code § 12940(m), (n))
- Failure to prevent discrimination or harassment (Gov. Code § 12940(k))
- Retaliation for complaining or requesting accommodation
A trial result
We represented a medical packaging manufacturer sued by a former temporary employee who claimed disability discrimination, harassment, retaliation, failure to accommodate and wrongful termination. After a three-day jury trial in Los Angeles Superior Court, the jury found no liability on five of the six claims. The court then granted our motion to set aside the small award on the sixth, and our client prevailed completely.
Agency charges
Most FEHA cases begin with a complaint to California’s Civil Rights Department, which issues a right-to-sue notice. In Nevada, charges go to the Nevada Equal Rights Commission (NRS 613.330 and following), and federal claims go to the EEOC. How an employer responds to the charge shapes the case that follows.
California and Nevada
Different coverage thresholds
FEHA’s discrimination provisions apply to employers with five or more employees, and its harassment provisions apply to employers of any size. Nevada’s statute applies to employers with 15 or more employees.
Employment results
Employment discrimination defense · Verdict
Complete defense win
Jury rejected five of six FEHA claims; the court then set aside the remaining award
Los Angeles Superior Court
Prior results do not guarantee a similar outcome.
Common questions
Don’t see yours? Call (323) 410-0300.
An employee filed a complaint with the Civil Rights Department. What now?
Preserve records, gather the personnel file and the decision-makers’ notes, and talk to counsel before submitting a position statement.
Is the employer liable for a supervisor’s harassment?
Under FEHA, an employer is strictly liable for harassment by a supervisor, and liable for co-worker harassment if it knew or should have known and failed to act.
What is the interactive process?
A good-faith exchange between employer and employee to identify reasonable accommodations for a disability. Failing to engage in it is a separate FEHA violation.
Have you tried a discrimination case?
Yes. We obtained a complete defense win for a manufacturer after a jury trial in Los Angeles Superior Court. Prior results do not guarantee a similar outcome.
Should we investigate a harassment complaint ourselves?
Often an outside investigation is better, especially when senior people are involved. See our employer counseling page.
Related
The information on this page is general and is not legal advice. Contacting the firm does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.