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Labor/Employment

Jun. 7, 2013

Retaliation claims not limited to the employment relationship

No matter how one elects to read a recent decision, the case undoubtedly expands the class of potential plaintiffs who may bring retaliation claims under the FEHA.

Thomas L. Dorogi

Fax: (818) 297-1775

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The anti-retaliation provision of the California Fair Employment and Housing Act (FEHA) is not limited to claims arising from an employment relationship. According to the 1st District Court of Appeal, the plain language of Section 12940(h) provides that a claim of retaliation may be maintained by any "person" - defined in Section 12925(d) to include "one or more individuals, partnerships, associations, corporations, limited liability companies, legal representatives ... or other f...

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