Phyllis Cheng

Last updated
Phyllis Cheng Phyllis Cheng.JPG
Phyllis Cheng

Phyllis W. Cheng is an American lawyer providing mediation, investigation and expert witness services in Los Angeles, California. She retired as a partner from DLA Piper LLP (US), a global law firm, where she practiced employment law representing businesses. [1] Before that, Cheng served for nearly seven years as director of the California Department of Fair Employment and Housing (DFEH), the largest state civil rights agency in the country. Cheng abruptly resigned days before release of a report that was expected to be critical of her department. [2]

Contents

Early life

Phyllis W. Cheng, born on the Fourth of July, [3] emigrated from Hong Kong as a girl and speaks three dialects of Chinese. [4]

Education

Cheng received her B.A. and M.Ed. from UCLA, her Ph.D. from the University of Southern California (USC), focusing on civil rights policy and planning, [5] and her J.D. degree from Southwestern Law School, [4] where she is on the Board of Trustees. [6]

Career

Before becoming a lawyer, Cheng worked in the field of education. She was the Title IX coordinator at the Los Angeles Unified School District, spearheaded a citizens' commission to remedy district-wide sex discrimination, and monitored a Title VII consent decree promoting women in school administration. [5] Building on this work, Cheng was responsible for California's version of Title IX, prohibiting sex discrimination in education. [5] Continuing her advocacy on behalf of women and education, former California Governor George Deukmejian appointed Cheng to the California Commission on the Status of Women and the Interagency Coordinating Task Force on Early Intervention. [7]

Phyllis Cheng, director of Department of Fair Employment and Housing (State of California) Phyllis Cheng.JPG
Phyllis Cheng, director of Department of Fair Employment and Housing (State of California)

Cheng was also a researcher on school desegregation at the RAND Corporation, adjunct faculty at the UCLA Graduate School of Education and Information Studies, director of a mentoring program for at-risk girls at USC, and a debate panelist on KNBC's Emmy-winning "Free 4 All" program. [4]

Cheng began her legal career with an appointment by former California Governor Pete Wilson to two terms on the California Fair Employment and Housing Commission, where she ruled on nearly 80 fair employment and housing and civil rights act cases. [5] She subsequently gained experience in all facets of employment and discrimination law: as an associate at plaintiff-side Hadsell & Stormer, a deputy attorney general in the Civil Rights Enforcement Section of the California Department of Justice, a senior appellate court attorney to the Honorable Laurie D. Zelon of the California Court of Appeal in Los Angeles, and an of counsel at management-side Littler Mendelson. [3] [8]

DFEH Director

Former California Governor Arnold Schwarzenegger appointed Cheng to be the Director of the DFEH in January 2008. Governor Jerry Brown retained her when he came into office. She was unanimously confirmed by the California State Senate. [3] [4] Under her direction, Cheng modernized the Department into a proactive and innovative agency. [9] She harnessed new technology to automate appointment and right-to-sue systems, establish user-friendly telephone intake, launch a cost-effective cloud-based case management system, and develop a case grading system to better target resources. [10] The case management program caused investigators to duplicate some of their work, had frequent system crashes, and created a 1,200-case backlog. [11] The Senate Rules Committee documented Cheng's shortsighted attempts to quicken investigations by nixing face-to-face interviews. [12] Prior to the release of this report, Cheng abruptly resigned. [13]

Cheng also established systemic investigations and litigation to address discrimination at the DFEH; achieved a $8,730,000 nationwide settlement regarding access for test takers with disabilities against the Law School Admission Council; reached a $6,011,190 class complaint settlement regarding family leave against Verizon; launched a new attorney-staffed dispute resolution division to encourage out-of-court settlements; sponsored legislation and promulgated the Department's procedural regulations; conducted outreach in person and via mass and social media to hundreds of communities statewide; developed partnerships with seven institutions of higher learning to train future civil rights lawyers and investigators; [14] and introduced new resources to educate the public on civil rights compliance. [15] [16] Cheng also helped Governor Jerry Brown reform California's civil rights enforcement in 2012. [17] In the process, the Department reduced 50 percent of its overhead, resulting in substantial savings to the State, while promoting training, retaining jobs, and providing upward mobility for its staff. [4] Due to all of these efforts and her career in public service, Cheng received the Ronald M. George Public Lawyer of the Year Award for 2012 from the State Bar of California. [18] The State Bar's Council on Access and Fairness further named the DFEH Educational Partnerships winner of the 2013 Education Pipeline Award [19] Cheng abruptly resigned days before release of a report that was expected to be critical of her department. [20]

Related Research Articles

<span class="mw-page-title-main">Civil Rights Act of 1968</span> United States law

The Civil Rights Act of 1968 is a landmark law in the United States signed into law by United States President Lyndon B. Johnson during the King assassination riots.

<span class="mw-page-title-main">NAACP Legal Defense and Educational Fund</span> Organization in New York, United States

The NAACP Legal Defense and Educational Fund, Inc. is a leading United States civil rights organization and law firm based in New York City.

<span class="mw-page-title-main">California Civil Rights Department</span> State government housing agency in California

The California Civil Rights Department (CRD) is an agency of California state government charged with the protection of residents from employment, housing and public accommodation discrimination, and hate violence. It is the largest state civil rights agency in the United States. It also provides representation to the victims of hate crimes. CRD has a director who is appointed by the governor of California and maintains a total of five offices and five educational clinics throughout the state. Today, it is considered part of the California Business, Consumer Services, and Housing Agency.

Racial steering refers to the practice in which real estate brokers guide prospective home buyers towards or away from certain neighborhoods based on their race. The term is used in the context of de facto residential segregation in the United States, and is often divided into two broad classes of conduct:

  1. Advising customers to purchase homes in particular neighborhoods on the basis of race.
  2. Failing, on the basis of race, to show, or to inform buyers of homes that meet their specifications.
<span class="mw-page-title-main">Constance L. Rice</span> American civil rights activist and lawyer

Constance L. "Connie" Rice is an American civil rights activist and lawyer. She is also the co-founder and co-director of the Advancement Project in Los Angeles. She has received more than 50 major awards for her work in expanding opportunity and advancing multi-racial democracy. She is a second cousin of former U.S. Secretary of State Condoleezza Rice.

The California Fair Employment and Housing Act of 1959, codified as Government Code §§12900 - 12996, is a California statute used to fight sexual harassment and other forms of unlawful discrimination in employment and housing, which was passed on September 18, 1959.

<span class="mw-page-title-main">Employment Development Department</span> Department of government in California

In California, the Employment Development Department (EDD) is a department of the state government that administers Unemployment Insurance (UI), Disability Insurance (DI), and Paid Family Leave (PFL) programs. The department also provides employment service programs and collects the state's labor market information and employment data. EDD is one of California's three major taxation agencies, alongside California Department of Tax and Fee Administration and the Franchise Tax Board. In addition to collecting unemployment insurance taxes, the department administers the reporting, collection, and enforcement of the state's personal income taxes.

The Unruh Civil Rights Act is an expansive 1959 California law that prohibits any business in California from engaging in unlawful discrimination against all persons (consumers) within California's jurisdiction, where the unlawful discrimination is in part based on a person's sex, race, color, religion, ancestry, national origin, age, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status.

<span class="mw-page-title-main">John D. Trasviña</span> American lawyer

John David Trasviña is a human rights attorney. He is the former dean of the University of San Francisco School of Law. Previous to that, he was assistant secretary of the Office of Fair Housing and Equal Opportunity in the U.S. Department of Housing and Urban Development, president and general counsel of the Mexican American Legal Defense and Educational Fund (MALDEF), and special counsel for Immigration Related Unfair Employment Practices at the U.S. Department of Justice. He was named principal legal advisor at U.S. Immigration and Customs Enforcement in January 2021.

<span class="mw-page-title-main">California State and Consumer Services Agency</span> State cabinet-level agency of the executive branch of California

The California State and Consumer Services Agency (SCSA) was a state cabinet-level agency of the executive branch of California. It was replaced by the California Business, Consumer Services and Housing Agency (BCSH) effective July 1, 2013. A significant number of the departments were transferred to the California Government Operations Agency when it was formed on July 1, 2013.

<span class="mw-page-title-main">LGBT rights in California</span>

California is seen as one of the most liberal states in the U.S. in regard to lesbian, gay, bisexual, transgender (LGBT) rights, which have received nationwide recognition since the 1970s. Same-sex sexual activity has been legal in the state since 1976. Discrimination protections regarding sexual orientation and gender identity or expression were adopted statewide in 2003. Transgender people are also permitted to change their legal gender on official documents without any medical interventions, and mental health providers are prohibited from engaging in conversion therapy on minors.

<span class="mw-page-title-main">LGBT employment discrimination in the United States</span>

LGBT employment discrimination in the United States is illegal under Title VII of the Civil Rights Act of 1964; employment discrimination on the basis of sexual orientation or gender identity is encompassed by the law's prohibition of employment discrimination on the basis of sex. Prior to the landmark cases Bostock v. Clayton County and R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission (2020), employment protections for LGBT people were patchwork; several states and localities explicitly prohibit harassment and bias in employment decisions on the basis of sexual orientation and/or gender identity, although some only cover public employees. Prior to the Bostock decision, the Equal Employment Opportunity Commission (EEOC) interpreted Title VII to cover LGBT employees; the EEOC determined that transgender employees were protected under Title VII in 2012, and extended the protection to encompass sexual orientation in 2015.

The California Fair Employment Practices Act (FEPA) was a statute passed and enacted in 1959 that barred businesses and labor unions from discriminating against employees or job applicants based on their color, national origin, ancestry, religion, or race. Prior to being repealed and reenacted under the California Fair Employment and Housing Act in 1980 the law was codified under part 4.5 of the Labor Code.

<span class="mw-page-title-main">Elliott-Larsen Civil Rights Act</span> Michigan state law

The Elliott-Larsen Civil Rights Act (ELCRA), or Public Act 453 of 1976, which went into effect in 1977, originally prohibited discrimination in Michigan only on the basis of "religion, race, color, national origin, age, sex, height, weight, familial status, or marital status" in employment, housing, education, and access to public accommodations. A ruling by the Michigan Supreme Court on July 28, 2022 expanded the scope of the law to explicitly include protections for LGBT people. Sexual orientation and gender identity were both formally codified and added to Michigan legislation officially on March 16, 2023 and became Act 6 of 2023. Other classes added to the law since passage include pregnant workers, workers who seek abortions, and hair style and texture.

This article addresses the legal and regulatory history of transgender and transsexual people in the United States including case law and governmental regulatory action affecting their legal status and privileges, at the federal, state, municipal, and local level, and including military justice as well.

<span class="mw-page-title-main">Arnold Schwarzenegger and LGBT rights</span> Overview of the relationship between Arnold Schwarzenegger and LGBT rights

Arnold Schwarzenegger was an early opponent of same-sex marriage in the United States, including during his Governorship of California. As an elected official he opposed legal recognition of same-sex marriage but otherwise he supported LGBT rights legislation, including civil unions.

<span class="mw-page-title-main">Nebraska Equal Opportunity Commission</span>

The Nebraska Equal Opportunity Commission is the state administrative agency that investigates and enforces Nebraska civil rights laws. The commission consists of seven members appointed by the Governor and an executive director. The commission receives, investigates and makes decisions on civil rights complaints that allege unlawful discrimination in housing, employment and public accommodations practices within the state. The NEOC maintains offices in Lincoln, Omaha, and Scottsbluff.

<span class="mw-page-title-main">Blanche L. McSmith</span> African-American civil rights activist, businesswoman and politician

Blanche Louise Preston McSmith was an African-American civil rights activist, businesswoman and politician.

<span class="mw-page-title-main">Fairness West Virginia</span> West Virginian LGBT civil rights organization

Fairness West Virginia is the statewide lesbian, gay, bisexual and transgender (LGBT) civil rights organization for the U.S. state of West Virginia. Founded in 2009 by Stephen Skinner, the organization is currently headed by Andrew Schneider and is headquartered in downtown Charleston.

References

  1. ↑ https://www.dlapiper.com/en/us/news/2014/10/former-employment-agency-director-phyllis-cheng-__/ [ dead link ]
  2. ↑ http://www.allgov.com/usa/ca/news/appointments-and-resignations/embattled-state-fair-employment-and-housing-director-resigns-141006?news=854444
  3. 1 2 3 "Fair Employment and Housing Director Phyllis Cheng '93 to be Honored by California State Bar". Southwestern Law School. Retrieved 25 April 2013.
  4. 1 2 3 4 5 Cheng, Phyllis W. "Director's Biography". California Department of Fair Employment and Housin. Archived from the original on 21 April 2013. Retrieved 25 April 2013.
  5. 1 2 3 4 "Alumni Q&A with Phyllis Cheng '93". Southwestern Law School. Retrieved 25 April 2013.
  6. ↑ "Southwestern Law School — Phyllis Cheng, Director of Department of Fair Employment and Housing, Elected to Southwestern Board". Archived from the original on 2014-10-22. Retrieved 2014-02-24.
  7. ↑ "Guest Speaker: Phyllis W. Cheng". UCLA Committee on Disability. Retrieved 25 April 2013.
  8. ↑ "GOV. SCHWARZENEGGER APPOINTS PHYLLIS CHENG DIRECTOR OF DEPARTMENT OF FAIR EMPLOYMENT, HOUSING." US Fed News Service, Including US State News. The Associated Newspapers of Ceylon Ltd. 2008. Archived 2016-10-18 at the Wayback Machine
  9. ↑ "State of Evolution: Inside the DFEH", InsideCounsel , May 2014
  10. ↑ "GovTech Innovators: California's Phyllis Cheng Weathers Budgetary Struggles". October 25, 2012. Retrieved April 12, 2013.
  11. ↑ https://www.sacbee.com/news/politics-government/the-state-worker/article127815494.html
  12. ↑ https://sooo.senate.ca.gov/sites/sooo.senate.ca.gov/files/fair%20employment%20and%20housing%20final.pdf
  13. ↑ http://www.allgov.com/usa/ca/news/appointments-and-resignations/embattled-state-fair-employment-and-housing-director-resigns-141006?news=854444
  14. ↑ "Governor Brown signs SB 1038 authorizing DFEH to bring civil actions directly in court" (PDF). California Department of Fair Employment and Housing. Retrieved 25 April 2013.
  15. ↑ "California Rocks When It Comes To Preventing Employment Discrimination". California Department of Fair Employment and Housing. Retrieved 25 April 2013.
  16. ↑ "Fair housing and public accommodations subsection". Fair Housing 101. California Department of Fair Employment and Housing. Retrieved 25 April 2013.
  17. ↑ Cheng, Phyllis W. (2 August 2012). "Transformative year for civil rights in CA" (PDF). Daily Journal. Archived from the original (PDF) on 9 November 2012. Retrieved 25 April 2013.
  18. ↑ "2012 Public Lawyer of the Year - Phyllis Cheng". The State Bar of California. Retrieved 25 April 2013.
  19. ↑ http://dfeh.ca.gov/res/docs/Announcements/9%2024%2013%202013%20State%20Bar%20Education%20Pipeline%20Diversity%20Awards%20REVISED%20FINAL.pdf [ bare URL PDF ]
  20. ↑ http://www.allgov.com/usa/ca/news/appointments-and-resignations/embattled-state-fair-employment-and-housing-director-resigns-141006?news=854444
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.