Showing 11 posts from June 2014.

Employment Discrimination Plaintiff Cannot Change Legal Theories at Trial

In Rosenfeld v. Abraham Joshua Heschel Day School, Inc., the Second Appellate District held that a plaintiff whose pleadings alleged intentional employment discrimination could not assert a disparate impact theory for the first time at trial.

The case highlights the distinction between “disparate treatment” and “disparate impact” theories under California’s Fair Employment and Housing Act (“FEHA”). Disparate treatment is intentional discrimination against an individual on prohibited grounds, such as race, sex or another protected category. More ›