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IRS CIRCULAR 230 DISCLOSURE: <br />To comply with IRS regulations, we advise you that any discussion of Federal tax issues in this a-mail was not intended or written to be used, and cannot be used <br />by you, (i) to avoid any penalties imposed under the Internal Revenue Code or (ii) to promote, market or recommend to another party any transaction or matter <br />addressed herein. <br />Reduce. Reuse, t~ecyc8e. Ike-ptaraet. <br />136.001 /city council 2010 <br />From: Orozco, Robert <br />Sent: Thursday, March 18, 2010 3:42 PM <br />To: Pio Roda, Richard <br />Subject: "Supervisor" defined... <br />Supervisor is defined broadly per code and case law. It has been ruled prejudicial error if <br />the scope of "supervisor" is narrowed to simply include the "responsibility to direct." <br />The leading case is Chapman v. Enos, 166 CA4th 920 (2004} (! know this case too well <br />as /was in trial when the case came down and it adversely affected me]. In Chapman, <br />the appeals court panel concluded that it was error to tell the jury that a required element <br />of the definition is "full accountability and responsibility for an employee's performance <br />and work product." The error significantly restricted the class of employees subject to <br />liability for sexual harassment, and was contrary to the provisions of FEHA. <br />Under Government Code section 12926(r), a "'supervisor' means any individual having the <br />authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, <br />discharge, assign, reward, or discipline other employees, or the responsibility to direct <br />them. " <br />Further, Section 12926(d) broadly defines employer to include any "person regularly <br />employing five or more persons, or any person acting as an agent of an employer, directly <br />or indirectly, the state or any political or civil subdivision of the state, and cities, except <br />employer does not include religious association or corporation not organized for private <br />profit." <br />See also, CACI 2525; Gov't Code section 12940(j)(3). <br />Robert A. Orozco <br />Of Counsel <br />MEYERS NAVE <br />333 South Grand Avenue, Suite 1670 <br />Los Angeles, California 90071 <br />Phone: 213.626.2906 <br />Fax: 213.626.0215 <br />rorozco@meyersnave.com . <br />www.meyersnave.com <br />www.publiciawnews.com <br />CONFIDENTIALITY NOTE: <br />This email may contain material that is confidential, privileged andlor attorney work product for the sole use of the intended recipient. Any review, reliance or <br />