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Name Category Published
Kirkingburg v. Albertson's Inc.
Employer can't require driver who has received federal vision waiver to meet basic federal vision standards. 		Employment Law Sep. 9, 1999
Ginda v. Exel Logistics Inc.
Highest-ranking employee at worksite may be 'managing agent' for Fair Employment and Housing Act purposes. 		Employment Law Sep. 8, 1999
Walker v. American Home Shield Long Term Disability Plan
Plan interpretations and factual determinations are encompassed in a de novo standard of review for insurance disability claim under ERISA. 		Employment Law Sep. 7, 1999
Real v. Compton
Termination of officer because of inability to perform patrol duties insufficient to establish perception of disability under Americans with Disabilities Act. 		Employment Law Sep. 6, 1999
Gibbs v. American Airlines Inc.
Notice to employer of cold or flu-like symptoms is not notice of a 'serious health condition' triggering state medical leave requirements. 		Employment Law Sep. 6, 1999
Arnett v. California Public Employees Retirement System
Disability plan which pays more benefits to younger employee than to older employee with equal service time, violates Age Discrimination in Employment Act. 		Employment Law Sep. 3, 1999
McBride v. PLM International Inc.
Employee's status as an ERISA participant, and his standing as a whistleblower, must be adjudged at time of alleged ERISA violation. 		Employment Law Sep. 3, 1999
Inter-Modal Rail Employees Assn. v. The Burlington Northern and Santa Fe Railway Co.
National Labor Relations Act doesn't pre-empt employees' association's suit after mass firing of employees who made safety complaints. 		Employment Law Sep. 1, 1999
Stanley v. University of Southern California
Equal Pay Act isn't violated when pay differential between employees of opposite sex, performing same core responsibilities, is based on factors other than gender. 		Employment Law Aug. 20, 1999
Arnett v. California Public Employees Retirement System
Disability plan which pays more benefits to younger employee than to older employee with equal service time, violates Age Discrimination in Employment Act. 		Employment Law Aug. 19, 1999
Maclean v. State of Arizona (Dept. of Education)
Woman with asthma who presented evidence of employer's failure to accommodate and retaliation raised triable issue under the Americans with Disabilities Act. 		Employment Law Aug. 11, 1999
Hicks v. Pacific Bell
No breach of implied convenant of good faith where employer makes good faith determination misconduct occurred. 		Employment Law Aug. 10, 1999
Wehrli v. County of Orange
State administrative decision, made without record, on employee's wrongful discharge claim doesn't have preclusive effect on employee's federal suit. 		Employment Law Aug. 6, 1999
McElwaine v. US West Inc.
Employee who sues employer is entitled to award of attorney fees under ERISA, despite employer's intention to pay wrongly withheld benefits. 		Employment Law Aug. 6, 1999
Walters v. Maricopa County
Administrative remedy for wrongful discharge is permissive, and doesnt preclude filing suit instead. 		Employment Law Aug. 5, 1999
Velarde v. Pace Membership Warehouse Inc.
ERISA doesn't pre-empt contract breach action against employer based on 'stay on' letter promising bonus. 		Employment Law Aug. 5, 1999
Cotran v. Rollins Hudig Hall International, Inc.,
No Wrongful Termination if EmployerHas Reasonable Good Faith BeliefThat Employee Sexually Harassed Others. 		Employment Law Aug. 3, 1999
Lawson v. Umatilla County
At-will status is not changed when unambiguous disclaimer precludes personnel policies from creating employment contract. 		Employment Law Aug. 2, 1999
Mayer v. Multistate Legal Studies Inc.
Wrongfully terminated plaintiff can recover contract damages for period when he received disability benefits. 		Employment Law Jul. 27, 1999
Alexander v. Nextel Communications Inc.
Failure to have jury decide issue of whether employment was terminable at-will is prejudicial error. 		Employment Law Jul. 27, 1999
Brown v. General Telephone Company of California
Claim for discriminatory actions taken before effective date of Americans with Disabilities Act is barred. 		Employment Law Jul. 27, 1999
Lane v. Hughes Aircraft
Employee can rely on indirect or circumstantial evidence to show race-based discrimination. 		Employment Law Jul. 27, 1999
Feminist Women's Health Center v. Superior Court (Jenkins)
No wrongful termination for privacy violation if employee agrees to physical exhibition as employment condition. 		Employment Law Jul. 26, 1999
Folkerson v. Circus Circus Enterprises Inc.
Title VII action fails after employee doesn't establish employer's ratification of sexual harassment by private party. 		Employment Law Jul. 26, 1999
Magana v. Commonwealth of the Northern Mariana Islands
Public employee cannot sue Mariana Islands Commonwealth for money damages absent legislative cause of action. 		Employment Law Jul. 25, 1999
Gutowsky v. County of Placer
Termination date starts statute of limitations running on claim against government for gender discrimination policy. 		Employment Law Jul. 25, 1999
Robinson v. Shell Oil Co.
Former employee is entitled to sue employer under Title VII for alleged retaliatory negative job reference. 		Employment Law Jul. 20, 1999
Green v. Ralee Engineering Co.
Triable issue exists on whether aircraft parts inspector was fired for complaints about defective parts. 		Employment Law Jul. 19, 1999
Hodge v. Dalton
Uniformed servicemembers are excluded from coverage under Title VII of 1964 Civil Rights Act. 		Employment Law Jul. 19, 1999
Philips v. Perry
U.S. Navy can discharge member who admits engaging in off-duty homosexual acts with civilians. 		Employment Law Jul. 19, 1999
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