Ninth Circuit sends employment discrimination case to the Supreme Court [Updated]

The Ninth Circuit today asked for the Supreme Court’s help in an employment discrimination case. In Raines v. U.S. Healthworks Medical Group, a federal appeals court panel wants the Supreme Court to answer, “Does California’s Fair Employment and Housing Act, which defines ‘employer’ to include ‘any person acting as an agent of an employer,’ Cal. Gov’t Code § 12926(d), permit a business entity acting as an agent of an employer to be held directly liable for employment discrimination?” (Emphasis added.)

The Ninth Circuit says the case is a putative class action “seek[ing] to hold defendants, providers of pre-employment medical screenings, liable for asking allegedly invasive and impermissible questions during medical screening exams.” A district court dismissed the plaintiffs’ complaint. The appeals court heard oral argument in January.

The Ninth Circuit explained why it wants assistance: “The California Supreme Court . . . has twice limited the reach of the phrase ‘person acting as an agent of an employer’ in FEHA’s definition of the term ’employer.’ Both decisions exempt individuals acting as agents of an employer from liability, but neither addresses the issue before us.”

The Supreme Court should let the Ninth Circuit know by mid-May — give or take — whether it will answer the questions.  It probably will.  The Supreme Court has granted 12 of the last 13 Ninth Circuit requests for help in resolving questions of California law, dating back to July 2018.  The lone denial during that time was in October 2019.

[March 17 update: The Supreme Court has now docketed the case.]

Related:

Rule 8.548

Asked and answered:  California Supreme Court responses to Ninth Circuit questions

The constitutionality of the Supreme Court answering the Ninth Circuit’s legal questions

Ask not what the Supreme Court can do for the Ninth Circuit

Justice Kruger and Judge Owens talk about the Supreme Court answering Ninth Circuit questions