When Words Alone Constitute Severe and Pervasive Harassment

The old adage “sticks and stones may break my bones, but words can never hurt me” may apply in Eighth Amendment cruel and unusual punishment cases, but it doesn’t work in FEHA harassment claims. In Augustine Caldera v. California Department of Corrections and Rehabilitation (CDCR), the Fourth Appellate District recently issued a published opinion finding…

Burke Obtains Summary Judgment in Retaliation Case

By Carmen M. Aguado On May 17, 2018, USDC Judge Jesus G. Bernal granted summary judgment in favor of the County of San Bernardino (“County”) and individually named County employees (collectively, “Defendants”) in Eric Bahra v. County of San Bernardino, et al., Case No. EDCV 16-1756 JGB (SPx), a retaliation case brought under 42 U.S.C….

Is Your Harassment Prevention Training Legally Compliant?

By Traci Park, Kelly Trainer & Meaghan Snyder Most agencies have sexual harassment training.  But the laws constantly evolve.  Read on to find out the new requirements for what your training must include to address sexual orientation, gender identity, and gender expression. What is SB 396? SB 396, which became effective January 1, 2018, adds…

Perez v. City of Roseville | When Police Officers Date Fellow Officers

Generally, dating someone you work with is not a good idea.  If things don’t work out, it makes the work atmosphere awkward.  When a relationship occurs between employees of different ranks, it can create problematic dynamics leading to harassment or hostile work environment claims (with claims brought by one of the involved employees or by…

Using the Workers’ Compensation Exclusive Remedy to Preclude Litigation

When an injury arises “out of and in the course of employment,” whether by an employer or a co-worker, typically the injured person has to pursue any remedies exclusively through the workers’ compensation system.  (Labor Code § 3602.)  This also applies to prisoners who are working for pay, even if it is a job that…