California

Civil Rights Act of 1991 in California Law

How Civil Rights Act of 1991 applies in California: state-specific rules, key cases, and bar exam notes for Employment Law.

State Approach

California law heavily mirrors the principles established by the Civil Rights Act of 1991, particularly in the realm of employment discrimination. The California Fair Employment and Housing Act (FEHA) prohibits employment discrimination and provides similar remedies and protections against workplace discrimination.

State Rule
Under California law, employers are prohibited from discriminating against employees on the basis of race, color, religion, sex, national origin, physical or mental disability, and sexual orientation, consistent with the federal standard established by the Civil Rights Act of 1991.
Significant State Cases

Sullivan v. Delta Air Lines, Inc.

The court held that categorical exclusions in employee benefit plans must comply with both federal and state anti-discrimination laws, ensuring that they do not negatively affect protected classes.

Rattan v. 33rd Street Corp.

The court reinforced that FEHA provides broader protections than federal statutes, allowing for wider interpretations concerning workplace discrimination.

Rojo v. Kliger

The court determined that the burden of proof in employment discrimination cases is more favorable for the employee under California law than under federal standards.

Comparison to Federal Law

California's employment discrimination laws are generally more expansive than those provided by the federal Civil Rights Act of 1991. California courts allow for broader interpretations of discriminatory practices, benefiting employees seeking to prove discrimination.

Bar Exam Note

Understanding the application of the Civil Rights Act of 1991 in California is crucial for the employment law section of the California bar exam, particularly the distinctions in burden of proof and remedies under California law.

Practice Pointers
  • Familiarize yourself with both FEHA and the Civil Rights Act of 1991 to understand their synergies.
  • Review significant California cases interpreting state-specific employment laws, especially those that expand upon the federal standards.
  • Be prepared to articulate how California's broader interpretation of discrimination impacts employer liability.

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