Kyle O’Malley, the Attorney Who Won the Raines’ Supreme Court Employee-Screening Case

Just a few years out of law school, Kyle O’Malley won a landmark case in the Supreme Court of California. The employer’s screening service in *Raines v. US Healthworks Medical Group*, 15 Cal.5th 268 (2023) used a generic questionnaire asking about menstrual cycles, hemorrhoids, hair loss, and all sorts of fool questions not tailored to the specific job (or to any job, for that matter). Even though the agent was not the “employer,” the Court held that business agents performing employment-related tasks for other companies can be held liable for discrimination under California’s Fair Employment and Housing Act (“FEHA”). The decision has been described as a “landmark” victory for workers, with the California Supreme Court listing it as one of four “high profile cases” decided in 2023.

We also talk with appellate legend Randy Erlewine. All California litigators owe him a debt for the “get out of jail free” card case of Carter v. Superior Court (1990) 218 Cal.App.3d 994, allowing a deposition to get documents if you missed the deadline to move to compel on written requests. We discuss developing a cutting-edge practice and building a firm to a vision.

Kyle O’Malley’s biography and LinkedIn profile.

Randy Erlewine’s biography and LinkedIn profile.

Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.

Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.

Sign up for Not To Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases.

The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext’s newest technology, CoCounsel, the world’s first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel.

Other items discussed in the episode:

• CLA’s Diversity, Equity, and Inclusion Committee
• Raines v. U.S. HealthWorks Med. Grp., No. S273630 (Cal. Aug. 21, 2023)
• Videos from this episode will be posted at Tim Kowal’s YouTube channel.