MEDIA ADVISORY

Contact: Charlotte Fishman, The California Supreme Court Staff Attorney, 510-527-3771 or 415-575-2390

CALIFORNIA SUPREME COURT TO ISSUE DECISION ON CASE INVOLVING EMPLOYEE RIGHTS

On Monday, December 1 at 10:00 a.m. the Supreme Court will post its decision in the case of Schifando v. County of Los Angeles. Court decisions are posted at http://www.courtinfo.ca.gov/courts/supreme/. The Court is expected to issue a significant ruling on whether employees of public entities are free to bring employment discrimination cases under California’s Fair Employment and Housing Act (FEHA) without first going through an employer’s own internal grievance process.

Based on the Schifando oral argument and on the recent California Supreme Court decision in the McGinnis case (State Department of Health Services v. Superior Court, Theresa McGinnis, Real Party in Interest) decided earlier this week, we anticipate that the Court will issue a ruling stating that employees need not “exhaust” their employer’s internal grievance mechanism before bringing a case of employment discrimination to court. This would be a significant victory for all public employees throughout California.

Equal Rights Advocates (ERA) filed an amicus (friend of the court) brief on behalf of the employee, arguing that forcing public employees to bring their discrimination claims to an employer-controlled appeal process before bringing their claims to court was economically burdensome and unfair. Putting unnecessary hurdles before employees trying to vindicate their right to be free of discrimination also undermines the Legislative goal of vigorous FEHA enforcement. All employees, both public and private, are obliged to bring their claims first to the Department of Fair Employment and Housing before going to court. This obligation gives employers sufficient notice and opportunity to resolve discrimination claims without litigation if they wish to do so.

Women who choose to stand up for their rights when they experience various forms of sex discrimination -- sexual harassment, pay inequities, lack of fair access to promotions -- would face additional burdens if they are required to pursue an administrative remedy before an employer forum. This issue is of tremendous importance to ERA who represents women employed by public institutions in all types of positions ranging from entry level jobs to university professors.

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