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California Forms of Pleading and Practice--Annotated
Copyright 2017, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

11-115 California Forms of Pleading and Practice--Annotated 115.syn


Civil Rights: Employment Discrimination


Expert Practitioners, Judges, and the Matthew Bender Editorial Staff

Chapter Summary


This chapter discusses state and federal law prohibiting employment discrimination by private employers. Specifically, the chapter discusses violations of state law under the California Fair Employment and Housing Act (FEHA) (Gov. Code § 12900 et seq.). It also discusses federal legislation that prohibits unlawful employment discrimination, including Title VII of the federal Civil Rights Act of 1964 (Title VII) (42 U.S.C. § 2000e et seq.); The Americans With Disabilities Act (ADA) (42 U.S.C. § 12101 et seq.); The Age Discrimination in Employment Act of 1967 (ADEA) (29 U.S.C. § 621 et seq.); and The Civil Rights Act of 1866 (42 U.S.C. § 1981).

The chapter contains a form of complaint for damages and injunctive relief for unlawful refusal to hire under FEHA. It also includes alternative forms of allegations for use in actions brought under FEHA based on failure to accommodate a person's religious beliefs, failure to accommodate a disability or medical condition, harassment, and retaliation. Further, the chapter provides forms of allegations for affirmative defenses in FEHA cases, including undue hardship, bona fide occupational qualification, business necessity, inability to perform job duties, waiver of employment claims, and avoidable consequences. Finally, the chapter provides an illustrative copy of the Judicial Council Form Interrogatories for use in employment law litigation.

California Forms of Pleading and Practice (Matthew Bender)provides detailed analysis of the law, plus timesaving forms, checklists and research guides. It covers all aspects of procedure in civil actions and proceedings, from pleadings to appeal, including arbitration and mediation; complaints, answers and demurrers; and discovery. It offers encyclopedic coverage of all civil practice areas, including business and commercial law; civil rights; real estate; and torts. It also covers attorney practice and ethics and features regular updates on all relevant California and federal legislation, administrative regulations and procedures, judicial decisions, and California Rules of Court.


Civil Rights,Employment Discrimination,California Fair Employment and Housing Act,Title VII of the federal Civil Rights Act of 1964,The Americans With Disabilities Act,The Age Discrimination in Employment Act of 1967,The Civil Rights Act of 1866,Protected Classifications,Race,National Origin,Sex Discrimination,Marital Status,Religious Discrimination,Age Discrimination,Physical Disability,Mental Disability,Disparate Treatment,Pattern of Practice Discrimination,Disparate Impact,Hiring,Employment Compensation,Fringe Benefits,Seniority Systems,Family Care and Medical Leave,Pregnancy Leave,Retirement Plans,Pension Plans,Employment Discharge,Layoff,Accommodation,Harassment,Sexual Harassment,Retaliation,Subject Matter Jurisdiction,Exhaustion of Administrative Remedies,Workers' Compensation,Judicial Remedies.


For discussion and forms relating to discrimination in government-funded programs and activities, see Chapter 112, Civil Rights: Government-Funded Programs and Activities.

For discussion and forms relating to actions under 42 U.S.C. §§ 1981 and 1983, and the other post-Civil War civil rights statutes (42 U.S.C. §§ 1982, 1985, 1986 and 1988), see Chapter 113, Civil Rights: The Post-Civil War Civil Rights Statutes.

For discussion and forms relating to discrimination in business establishments, see Chapter 116, Civil Rights: Discrimination in Business Establishments.

For discussion and forms relating to employers' liability for employees' torts, see Chapter 248, Employer's Liability for Employee's Torts.

For discussion and forms relating to termination and discipline of employees, see Chapter 249, Employment Law: Termination and Discipline.

For discussion and forms relating to wage and hour disputes, see Chapter 250, Employment Law: Wage and Hour Disputes.

For discussion and forms of jurisdictional allegations for use in federal court, and for discussion and forms relating to removal of actions to federal court, see Chapter 265, Federal Courts: Jurisdiction and Removal.

For discussion of adjudication of cases before public agencies, see Chapter 473, Public Agency Adjudication.


See Civil Rights Actions (Matthew Bender) for comprehensive, up-to-date analysis on every aspect of civil rights, including The Americans with Disabilities Act, employment and age discrimination, and privacy issues.

For discussion of the laws related to the employment of legal and illegal aliens, see Immigration Law And Procedure (Matthew Bender), Chapter 7, Sanctions, Discrimination and Employment Authorization; and Chapter 20, Temporary Workers.

See Wilcox, California Employment Law (Matthew Bender) for comprehensive treatment of California law governing employer-employee relations in the private sector, including in-depth discussion of the law, practice tips from experienced employment law practitioners, factual illustrations, sample employment documents and litigation forms.

See Labor and Employment Law (Matthew Bender) for complete guidance to federal and state labor and employment law.
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