Mar 4, 2021 Blog Posts

New Ruling Expands Liability for Using Excessive Force and Broadens the Basis for Disciplining Police Officers in California

In 2017, a police officer with the City of Huntington Beach (“Officer Esparza”) saw a man standing on a sidewalk who caught his attention (“Mr. Tabares”).  Officer Esparza noticed Mr. Tabares wore a sweater on a warm day, walked abnormally, made flinching movements with his hands, and looked in his direction several times.  A former police officer who also saw Mr. Tabares thought he had mental health issues but was not dangerous.  Officer Esparza asked Mr. Tabares to stop walking so they could talk, but Mr. Tabares responded “no,” told Officer Esparza to leave him alone, and walked away.

Mar 4, 2021 Special Bulletins

Identifying and Addressing the Legal Issues Implicated by Voluntary Employer-Sponsored COVID-19 Vaccination Programs

While most employers have decided against mandating COVID-19 vaccinations, some employers are considering offering their employees vaccinations on a voluntary basis or other ways to encourage their employees to be vaccinated.[1]

Mar 3, 2021 Private Education Matters

Ecclesiastical Abstention Doctrine

Prince of Peace Christian School is a private school for students in preschool through twelfth grade located in Texas.  The School is a 501(c)(3) nonprofit organization that is accredited by secular and Lutheran school organizations and is a recognized service organization of the Lutheran Church.  The School’s mission and objectives are to provide “a Christian education program that is centered upon Biblical principles,” a “Christ-centered” education, and a place for teachers to “live out their faith in word and deed.”  Most teachers and administrators are certified ministers of the Lutheran Church, and those who are not are expected to serve “as missionaries” in “making disciples” of students and their families and teach classes from a Christian point of view.

Mar 3, 2021 Private Education Matters

Court Upholds Conviction Of Student Who Made Social Media Post Threatening To Bring Gun To School

A.G., a minor high school student at Simon Rodia Continuation School, posted an image of a realistic-looking gun replica with the caption, “Everybody go to school tomorrow. I’m taking gum [sic],” on his Snapchat account, which was visible to about 60 of A.G.’s “friends.”

Mar 3, 2021 Private Education Matters

Employee Could Not Establish That Reduction In Force Was Discriminatory

David Foroudi worked as a senior project engineer at The Aerospace Corporation (Aerospace).  Foroudi’s supervisors counseled him regarding deficiencies in his performance and warned him that failure to improve could result in corrective action.  Under the collective bargaining agreement, Aerospace management assigned all bargaining unit employees, including Foroudi, to a value ranking based on their performance.  “Bin 1” contained the highest-ranked employees and “bin 5” contained the lowest.  In 2010 and 2011, Foroudi was ranked as bin 5.

Mar 3, 2021 Private Education Matters

Employee Provided Sufficient Evidence To Support Hostile Work Environment Claim Based On Employer’s Failure To Correct Third Party’s Harassment

Jennifer Christian began working for Umpqua Bank (Umpqua) in 2009 as a Universal Associate.  In late 2013, a customer asked Christian to open a checking account for him.  Afterward, the customer began visiting the bank to drop off notes for Christian.  These notes stated that Christian was the most beautiful girl he had ever seen and that he would like to go on a date with her.  Christian and her colleagues began to feel concerned, and Christian told the customer that she was not going to go on a date with him.  However, the behavior continued and the customer eventually sent Christian a long letter.  Christian showed the letter to her manager, a corporate trainer, and other colleagues.  The corporate trainer warned her to be careful.