Labor and Employment Law

Ca. Labor & Emp't Rev. January 2014, Volume 28, No. 1

Cases Pending Before the California Supreme Court

By Phyllis W. Cheng

Phyllis W. Cheng is Director of the California Department of Fair Employment and Housing. She prepares the Labor & Employment Case Law Alert, a free "electronic alert service" on new cases for Section members. To subscribe online at http://www.calbar.ca. gov, log onto "My State Bar Profile" and follow the instructions under "Change My E-mail Addresses and List Subscriptions."

AFTER-ACQUIRED EVIDENCE/UNCLEAN HANDS

Salas v. Sierra Chemical, 198 Cal. App. 4th 29 (2011), review granted, 133 Cal. Rptr. 3d 392 (2011). S196568/C064627. Petition for review after affirmance of summary judgment. Did the trial court err in dismissing plaintiff’s claims under the Fair Employment and Housing Act on grounds of after-acquired evidence and unclean hands, based on plaintiff’s use of false documentation to obtain employment in the first instance? Did Senate Bill No. 1818 (2001-2002 Reg. Session) preclude application of those doctrines in this case? (See Cal. Civ. Code § 3339; Cal. Gov’t Code § 7285; Cal. Health & Safety Code § 24000; Cal. Lab. Code § 1171.5.) Fully briefed.

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