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Dept. of Health Services v. Superior Court (McGinnis)
'Burlington/Faragher' defense for employers does not apply to sexual harassment suits brought under California Fair Employment and Housing Act.
Employment Law Nov. 21, 2003
Vasquez v. County of Los Angeles
Deputy probation officer failed to establish discrimination on basis of national origin.
Employment Law Nov. 21, 2003
EEOC v. Luce, Forward, Hamilton & Scripps
Caselaw prohibiting employers from requiring applicants to sign arbitration agreements is overruled.
Employment Law Nov. 17, 2003
Hastings v. Dept. of Corrections
Employee seeking accommodation is not entitled to reassignment to position in different civil service classification without first complying with competitive examination process.
Employment Law Oct. 24, 2003
Fraser v. Goodale
In action against her employer, plaintiff presented genuine issue of material fact that her diabetes significantly limits major life activity of eating.
Employment Law Oct. 22, 2003
Bell v. Clackamas County
Sheriff's office is liable for retaliation against African-American deputy.
Employment Law Oct. 21, 2003
Taybron v. City and County of San Francisco
In sexual harassment action, district court erred in finding that there is no genuine issue of material fact regarding issue of remediation.
Employment Law Oct. 21, 2003
Manatt v. Bank of America
Although 42 U.S.C. Section 1981 encompasses retaliation and hostile work environment claims, plaintiff failed to prove co-worker's actions were sufficiently severe.
Employment Law Oct. 16, 2003
Eckard Brandes Inc. v. Riley
Employee breaches duty of loyalty to employer when employee operates a competing business.
Employment Law Oct. 16, 2003
Palmer v. Pioneer Inn Associates Ltd.
Plaintiff's attorney should not have been sanctioned for ex parte communication with represented party and plaintiff is entitled to retrial on one claim.
Employment Law Oct. 14, 2003
Echazabal v. Chevron USA Inc.
Disputed issues of material fact remain regarding employer's obligations under direct threat regulation.
Employment Law Oct. 14, 2003
Zhang v. American Gem Seafoods Inc.
Jury award in favor of Chinese national alleging employment discrimination is affirmed.
Employment Law Oct. 14, 2003
Anderson v. Pacific Maritime Assn.
Nonprofit association comprised of shipping companies is not employer of dock workers alleging racial discrimination.
Employment Law Oct. 14, 2003
Chao v. A-One Medical Services Inc.
Court upholds award of overtime wages to seven of eight employees of home healthcare service providers.
Employment Law Oct. 14, 2003
O'Hare v. Municipal Resource Consultants
Employment contract requiring abritration of all employee's claims, but not employer's claims, is both substantively and procedurally unconscionable.
Employment Law Oct. 13, 2003
Gibbs v. Consolidated Services
Employer carried its burden of demonstrating it had legitimate, nondiscriminatory reason for terminating plaintiff's employment.
Employment Law Oct. 13, 2003
Colmenares v. Braemar Country Club
Employee alleging disability discrimination under state law need not satisfy more stringent federal standard.
Employment Law Oct. 13, 2003
Colores v. Board of Trustees of the California State University
Triable issues of fact exist as to whether plaintiff was constructively discharged for whistle-blowing.
Employment Law Oct. 12, 2003
Richardson v. Continental Grain Co.
Injured worker is not entitled to attorney fees for worker's compensation claims.
Employment Law Oct. 10, 2003
Lopez v. Johnson
Navy is not liable for refusing to provide handicap parking permit to employee of independent contractor.
Employment Law Oct. 7, 2003
County of Riverside v. Superior Court (In re Madrigal)
Police officer is entitled to view references from previous law enforcement employers after being discharged while on probationary status.
Employment Law Sep. 23, 2003
Herr v. Nestle U.S.A. Inc.
Trial court properly enjoined corporation, pursuant to Unfair Competition Law, from discriminating against employees age 40 and over.
Employment Law Aug. 11, 2003
Brown v. City of Tucson
In action against her former employer, plaintiff raised triable issue of material fact regarding her interference claim under ADA.
Employment Law Aug. 5, 2003
Shaver v. Operating Engineers Local 428 Pension Trust Fund
Because financial records sought were not instruments under which pension plan was established or operated, trustees had no duty to disclose.
Employment Law Aug. 3, 2003
Honolulu Joint Apprenticeship and Training Committee of United Assn. Local Union No. 675 v. Foster
Legal restitution is not available as appropriate equitable relief under ERISA; denial of attorney fees is not abuse of discretion.
Employment Law Aug. 3, 2003
Pottenger v. Potlatch Corp.
Employee, who worked for corporation for 32 years, failed to establish he was terminated in violation of Age Discrimination in Employment Act.
Employment Law Jul. 23, 2003
Cherosky v. Henderson
Employee is barred from challenging discriminatory decision made outside limitations period under 'continuing violation' doctrine.
Employment Law Jul. 22, 2003
Ostad v. Oregon Health Sciences University
Jury verdict in favor of medical resident who was terminated after questioning billing practices is affirmed.
Employment Law Jun. 24, 2003
Opinion of Lockyer
Person employed as trainee by fire department to provide firefighting services is entitled to enhanced benefits granted by Workers' Compensation Act.
Employment Law Jun. 23, 2003
Hobler v. Brueher
Elected county prosecutor may dismiss at-will confidential secretaries hired by predecessor he defeated.
Employment Law Jun. 16, 2003