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Refusal to fire 'unattractive' employee is protected activity, California court rules.

Publication: Trial
Publication Date: 01-JUN-03
Format: Online - approximately 838 words
Delivery: Immediate Online Access

Article Excerpt
Reversing a trial court's summary judgment, the California Court of Appeal ruled in March that a manager's refusal to fire a fragrance saleswoman who was not considered attractive enough by an upper-level male manager is protected activity under the state's Fair Employment and Housing Act (FEHA). (Yanowitz v. L'Oreal USA, 131 Cal. Rptr. 2d 575 (Ct. App. 2003).)

Elysa Yanowitz, the manager, claimed that she had been retaliated against after she repeatedly refused to fire a female sales associate on the order of John Wiswall, the general manager of the Designer Fragrance Division of L'Oreal USA. She described the retaliation as a series of memos and meetings that sharply criticized her performance and her handling of certain promotions, even though she recently had been...

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