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Labor and Employment Law Section of the State Bar of California

Labor & Employment Case Law Alert

 
 

This update is being provided by

Phyllis W. Cheng
Department of Fair Employment and Housing
2218 Kausen Drive, Suite 100
Elk Grove , CA 95857
916-478-7251
FAX 916-478-7329
phyllis.cheng@dfeh.ca.gov

Wilmer J. Harris
Chair
Schonbrun De Simone et al
715 Fremont Ave
South Pasadena , CA 91030
626-441-4129
WHarris@sdshhlaw.com

Timothy Guo Wei Yeung
Renne Sloan Holtzman Sakai LLP
428 J St Ste 400
Sacramento , CA 95814
916-273-1710
tyeung@rrshslaw.com

Wal-Mart Stores v. Dukes (US 04-16688, 04-16720 Oral Argument Transcripts 3-29-11) Sex Discrimination/Class Action Certification

 

Issue: (1) Whether claims for monetary relief can be certified under Federal Rule of Civil Procedure 23(b)(2) and, if so, under what circumstances; and (2) whether the class certification ordered under rule 23(b)(2) was consistent with rule 23(a).

 

Oral Argument Transcripts of 3/29/11:

http://www.supremecourt.gov/oral_arguments/argument_transcripts/10-277.pdf

 

Merits and Amicus Briefs:

http://www.scotusblog.com/case-files/cases/wal-mart-v-dukes/

 

Issue: (1) Whether claims for monetary relief can be certified under Federal Rule of Civil Procedure 23(b)(2) and, if so, under what circumstances; and (2) whether the class certification ordered under rule 23(b)(2) was consistent with rule 23(a).

 

Oral Argument Transcripts of 3/29/11:

http://www.supremecourt.gov/oral_arguments/argument_transcripts/10-277.pdf

 

Merits and Amicus Briefs:

http://www.scotusblog.com/case-files/cases/wal-mart-v-dukes/

 

 

For more information about the Labor and Employment Law Section, please see the committee's Web site: http://laborlaw.calbar.ca.gov/.

These periodic e-mails are being sent to you because you expressed interest in receiving news and information from the State Bar of California's Labor and Employment Section. If you no longer wish to receive these communications or you have a new e-mail address -- or if you have a friend or colleague who would like to add his or her e-mail address to our distributions list, please contact Susan Orloff, Section Coordinator of the Labor and Employment Law Section.

 

DFEH News

 

  • DFEH Proposed Procedural Regulations:  The DFEH held hearings on April 6 in Los Angeles and on May 26, 2010 in San Francisco on its first-ever Proposed Procedural Regulations.  The purpose of the rulemaking is to vet procedures for the DFEH administrative process.  In most cases, the proposed regulations capture and would replace the current DFEH Directives, which are not exempt from the rulemaking requirements of the Administrative Procedure Act. The DFEH has modified its proposed regulations in response to public comment.  The Department accepted written comments between December 1, 2010 and December 16, 2010, and has forwarded the final draft regulations and accompanying statement of reasons for review by the Office of Administrative Law.  The documents are posted on the DFEH Web site.  For further information, contact Annmarie Billotti.

 

 

 

  • Job Announcements:  See DFEH job announcements subject to the lifting of the current hiring freeze. 

 

 

Employment attorneys interested in expanding to housing practice under the FEHA or reasonable accommodations practice under the Unruh Act

If you already practice employment law under the FEHA, why not also expand your practice to housing law under the same Act?  The State Bar Real Property Law Section has launched a Fair Housing and Public Accommodations Section to train attorneys on the FEHA housing practice and the Unruh Civil Rights Act reasonable accommodations practice.  If you are interested, please respond by return e-mail to phyllis.cheng@dfeh.ca.gov and receive an invitation to join the Fair Housing and Public Accommodations Subsection’s free e-Circle.

 

§          The State Bar of California Real Property Law Section Fair Housing and Public Accommodations Subsection’s 2009 and 2010 symposiums and Webinar MCLE courses are available here.

 

§          See Through Struggle to the Stars: A History of California's Fair Housing Law and Anatomy of a Fair Housing Case: A Primer on Litigating a Housing Discrimination Claim and MCLE Test published in the California Real Property Journal, Issue 4, December 2009.