California Public Employee Relations (CPER) Papers
CPER Selected Publications
Workers Fighting Discrimination Get Help From State Supreme Court
Article comments
This article appeared in California Public Employee Relations (CPER) No. 174 (October 2005). For more information, visit http://cper.berkeley.edu/.
Abstract
Employees who refuse to follow discriminatory directives now have expanded protections under the Fair Employment and Housing Act. In a wide-reaching decision, Yanowitz v. L’Oreal (8-11-05) Supreme Ct. S115154, 36 Cal.4th 1028, 2005 DJDAR 9664, the California Supreme Court ruled that an employee who refused to obey her male supervisor’s order to fire a female employee because he did not find her sufficiently attractive has the right to be free from retaliation, even where the employee did not inform her boss of the reason for her refusal to comply. The court also announced that an adverse employment action will exist based on consideration of the totality of the circumstances, that each action need not be evaluated separately, and that the continuing violation theory is applicable to FEHA retaliation claims.
Subject Area
Civil Rights, Constitutional Law, Employment Practice, Labor Law, Women
Recommended Citation
Rebecca McKee,
"Workers Fighting Discrimination Get Help From State Supreme Court"
(October 2005).
California Public Employee Relations (CPER) Papers.
CPER Selected Publications.
Working Paper 15.
http://law.bepress.com/cperselect/papers/art15
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