May 25, 2023 - On Thursday, firm partner Randy Erlewine argued before the California Supreme Court on behalf of clients Kristina Raines, Derrick Figg, and a putative class of over 500,000 aggrieved California job applicants who were subjected to discriminatory and invasive medical screenings (Raines v. US Healthworks Case No. S273630). The Firm has sued the nation’s largest Occupation Healthcare provider, Concentra-owned U.S. Healthworks which subjected applicants to discriminatory, arbitrary, and invasive medical inquiries as a condition of employment. The lawsuit alleges these questions violate California’s employment and civil rights laws, including the Fair Employment and Housing Act (“FEHA”).

FEHA prohibits employers from engaging in discriminatory conduct. Despite FEHA’s plain language, which defines “agents” of employers as themselves being “employers,” the trial court, in a case of first impression, dismissed the lawsuit, ruling that no agent of an employer may ever be liable under FEHA. With the support of the California Attorney General and leading advocates for workers and persons with disabilities, the Firm appealed to the federal Ninth Circuit Court of Appeals. At the firm’s urging, the Ninth Circuit sought clarification from the California Supreme Court about this important and unresolved question of California law.

Following further briefing to the California Supreme Court, along with amicus briefs from the California Attorney General and leading employee and disability advocacy organizations, and now the conclusion of oral arguments, the Supreme Court is expected to issue a decision in the coming months.

To view the proceedings, click here.

Phillips, Erlewine, Given & Carlin LLP is investigating Concentra for subjecting employee applicants undergoing pre placement employment examinations to invasive and illegal health history questions. Click here to learn more.