November 30, 2022

Volume XII, Number 334

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FEHA Employee Who Was Working Remotely May Sue In County Where She Lived

Malloy v. Superior Court, 2022 WL 4298371 (Cal. Ct. App. 2022)

Eleanor Malloy began working remotely for her employer (which was located in Orange County) at her home in Los Angeles County in March 2020 due to the COVID-19 pandemic.  Malloy filed a complaint in the Los Angeles Superior Court, alleging pregnancy discrimination under the California Fair Employment and Housing Act (“FEHA”).  In response, the employer filed a motion to change venue to Orange County where it contended the alleged wrongful acts were committed and where all records relating to the lawsuit were maintained.  The trial court granted the employer’s motion, but the Court of Appeal granted Malloy’s petition for writ of mandate and ordered the trial court to vacate its order granting the employer’s motion to change venue and further ordered the trial court to deny the motion.  The Court of Appeal held that venue was proper in Los Angeles County because the employer “interfered with Malloy’s leave [of absence] rights in Los Angeles County, where they were being exercised, not in Orange County.”  Moreover, the Court reasoned that Malloy would have continued to work in Los Angeles County but for the unlawful employment practices.

© 2022 Proskauer Rose LLP. National Law Review, Volume XII, Number 283
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About this Author

Anthony J Oncidi, Employment Attorney, Proskauer Rose Law Firm
Partner

Anthony J. Oncidi heads the Labor & Employment Law Group in the Los Angeles office. Tony represents employers and management in all aspects of labor relations and employment law, including litigation and preventive counseling, wage and hour matters, including class actions, wrongful termination, employee discipline, Title VII and the California Fair Employment and Housing Act, executive employment contract disputes, sexual harassment training and investigations, workplace violence, drug testing and privacy issues, Sarbanes-Oxley claims and employee raiding and trade secret protection....

310-284-5690
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