September 25, 2023 – Today, the California Supreme Court featured Raines v. US Healthworks as one of four high profile cases in their “Year in Review” article. Plaintiffs Kristina Raines and Derrick Figg, represented by firm attorneys Randy Erlewine, Brian Conlon, and Kyle O’Malley, are two employees who were subjected to invasive and discriminatory medical screening examinations which included questions unrelated to the performance of their job duties. The unanimous decision held that “an employer’s business entity agents can be held directly liable under the [Fair Employment and Housing Act] for employment discrimination in appropriate circumstances when the business-entity agent has at least five employees and carries out FEHA-regulated activities on behalf of an employer.”

The case will now return to the Ninth Circuit Court which had requested that the California Supreme Court clarify this important issue of California law. The case is expected to return to the Southern District federal court in San Diego for further proceedings.

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.