R A C E DISCRIMINATION. Mari Mayeda | Associate Chief Counsel Systemic Litigation State of California Department of Fair Employment and Housing www.dfeh.ca.gov. What is Race?. The FEHA and Title VII do not define race.
Mari Mayeda | Associate Chief Counsel Systemic Litigation
State of California
Department of Fair Employment and Housing
“We hold that an employer may be vicariously liable for an employee’s unlawful harassment only when the employer has empowered that employee to take tangible action against the victim, i.e., to effect a ‘significant change in employment status, such as hiring, firing, failing to promote, reassignment with significantly different responsibilities, or a decision causing a significant change in benefits. [cit. omitted]. We reject the nebulous definition of a ‘supervisor’ adopted in the EEOC Guidance and substantially adopted by several courts of appeals.” (Vance,supra, 133 S.Ct. 2434, 2443.)
“[F]ear of retaliation is the leading reason why people stay silent” about discrimination they have encountered or observed. (Crawford v. Metropolitan Government of Nashville and Davidson Cty. (2009) 555 U.S. 271, 279.)
Plaintiff in a termination case must prove “but for” causation to get damages BUT can get declaratory/ injunctive relief upon proving that illegal motive played any part in the employment decision.
(Id., at pp. 232-234).
“In light of FEHA’s express purpose of not only redressing but also preventing and deterring unlawful discrimination in the workplace, the plaintiff in this circumstance could still be awarded, where appropriate, declaratory relief or injunctive relief to stop discriminatory practices.” (Harris, supra, 56 Cal.4th 203 , 222.)
“Our country has changed, and while any racial discrimination in voting is too much, Congress must ensure that the legislation it passes to remedy that problem speaks to current conditions.” (Id. , at p. 2631.)
A. Kalev (University of California, Berkeley), F. Dobbin (Harvard University) & E. Kelly (University of Minnesota), “Best Practices or Best Guesses? Assessing the Efficacy of Corporate Affirmative Action and Diversity Practices,” 71 American Sociological Review 589 (2006).)