Daniel Cassidy Celebrates Fifty Years of Practicing Law

Daniel Cassidy Celebrates Fifty Years of Practicing Law

Liebert Cassidy Whitmore would like to congratulate Daniel C. Cassidy on celebrating fifty years of practicing law.  Dan, a founding partner of Liebert Cassidy Whitmore, is among the most experienced and accomplished practitioners in the fields of public sector labor relations, negotiations and employment law.

Jan 16, 2020 Blog Posts

Location, Location, Location! Employees May Qualify for Disability Retirement If They Can No Longer Perform Their Usual Job Duties At The Location Where Their Employer Will Allow Them To Work

Plaintiff Cari McCormick worked as an appraiser for Lake County.  In 2010, she started to experience physical pain throughout her body and felt constantly fatigued.  McCormick’s symptoms worsened when she was in her office environment but felt much better if she was at home or outside.  McCormick was eventually told by her supervisors that she “was a liability” and “should stay home.”  McCormick took leave under the Family Medical Leave Act and continued to ask for accommodations such as permission to telecommute.  However, her supervisors declined to let her work anywhere other than in the courthouse.  In May 2013, Lake County terminated McCormick’s employment because she had exhausted her medical leave.

Jan 14, 2020 Blog Posts

California’s LGBTQ+ Protections in Advance of the Supreme Court’s Decisions in Zarda, Bostock, and Harris

On October 8, 2019, the U.S. Supreme Court heard oral arguments in three cases: Altitude Express, Enc. v. Zarda (out of New York), Bostock v. Clayton County, Georgia (out of Georgia), and R.G. and G. R. Harris Funeral Homes v. EEOC (out of Michigan).  All three cases involve plaintiffs arguing that Title VII of the Civil Rights Act, which prohibits employment discrimination “because of . . . . sex,” includes protection against discrimination because of sexual orientation or gender identity.  Zarda and Bostock both involve men who were fired from their jobs after coming out as gay.  Harris involves a transgender woman who was fired after she informed her employer of her identification as female, when she was previously living as a man.

Jan 9, 2020 Business & Facilities

AB 1666 – California Complete Count Census 2020 Office To Partner With LEAs To Provide Information About Census To Parents And Students

This bill requires the California Census Office to partner with local educational agencies to make information about the 2020 census available to parents and students. That information will describe the importance of the census, identify privacy protections and resources provided by the federal Census Bureau, and list community resources available to assist with completing the census questionnaire, and any other information that may increase participation in the census.  This bill is intended to increase the Office’s ability to reach hard-to-count population groups, who may be more accessible through schools, such as children.

Jan 7, 2020 Fire Watch

Civil Service Commission Abused Its Discretion by Reducing Deputy’s Discipline

In 2010, Los Angeles County Sheriff’s Department (Department) Deputies Mark Montez and Omar Lopez strip-searched an inmate who stole items from a commissary cart.  Lopez searched the inmate while Montez monitored the hallway to provide security.  During the search, Lopez struck the inmate multiple times with his fist.  Montez was aware of the assault but did not participate.

Jan 7, 2020 Fire Watch

Case Dismissed Because Employee Presented No Evidence Of An Adverse Employment Action And Failed To Notify Employer Of A Disability

John Doe worked as a psychologist at Ironwood State Prison for the California Department of Corrections and Rehabilitation (CDCR). Between 2013 and 2016, Doe submitted three accommodation requests to assist him with his concentration, including a quieter workspace, a thumb drive, and a small recorder.  In support of his requests, Doe submitted medical notes from his physician, which indicated that Doe had a “learning disability,” a “chronic work-related medical condition” and a “physical disability” that made him “easily distracted” and disorganized when under stress.

Jan 7, 2020 Fire Watch

Union Not Required To Exhaust Administrative Remedies Because MOU Did Not Provide For Class Grievances

The Association for Los Angeles Deputy Sheriffs (ALADS) represents non-management deputy sheriffs and peace officers employed in the County of Los Angeles District Attorney’s office. In 2017, the memorandum of understanding (MOU) between ALADS and the County contained provisions requiring the County to match compensation increases given to other safety employee unions. The MOU also contained a grievance procedure that ended in binding arbitration, to resolve any alleged violations of the MOU’s terms. However, the MOU did not provide for class grievances.