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DFEH also stated that the settlement would impact its case and filed their own formal complaint to challenge the settlement. DFEH said that the settlement would remove the employees from protection of California's law which is outside of the jurisdiction of the EEOC, and that provisions of the settlement would allow destruction of evidence ...
United States District Court for the Northern District of California: Gonzalez v. Abercrombie & Fitch Stores: racial and gender discrimination in employment and marketing: Gratz v. Bollinger: undergraduate affirmative action admissions policy too mechanistic in its use of race as a factor in admissions: Supreme Court of the United States: 2003 ...
State Farm Mutual Automobile Insurance Co. v. Campbell, 538 U.S. 408 (2003), was a case in which the United States Supreme Court held that the due process clause usually limits punitive damage awards to less than ten times the size of the compensatory damages awarded and that punitive damage awards of four times the compensatory damage award is "close to the line of constitutional impropriety".
In California, the California Supreme Court defines constructive discharge as follows: "in order to establish a constructive discharge, an employee must plead and prove, by the usual preponderance of the evidence standard, that the employer either intentionally created or knowingly permitted working conditions that were so intolerable or ...
The City Council will have to vote on whether to accept the settlement, which could come as early as the 6 p.m. meeting on Aug. 13. Fort Worth has allocated $2 million to fighting Fitzgerald’s case.
The act provides immunity to the State of California and its related entities from being sued. The law immunizes public employees from liability for “instituting or prosecuting any judicial or administrative proceeding” within the scope of their employment, “even if” the employees act “maliciously and without probable cause.” (Cal. Gov. Code, § 821.6)
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