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Jebian v. Hewlett-Packard Co. Employee Benefits Organization Income Protection Plan
Where benefits plan administrator fails to timely decide employee's appeal, 'deemed denial,' judicial review is de novo. 		Employment Law Jan. 15, 2003
Alford v. DCH Foundation Group Long Term Disability Plan
Court properly applied 'abuse of discretion' standard when reviewing denial of ERISA benefits. 		Employment Law Jan. 15, 2003
Lessard v. Applied Risk Management
Agreement that terminated plaintiffs' medical benefits following company's sale of assets to another, discriminated against persons on disability and medical leave. 		Employment Law Jan. 8, 2003
Moosa v. State Personnel Board (California State University, Chico)
University improperly demoted professor with reputation for being demanding of students. 		Employment Law Jan. 7, 2003
Vasquez v. County of Los Angeles
In employment discrimination action, objectively tangible harm rather than mere personal preference is required to show adverse employment decision. 		Employment Law Dec. 15, 2002
Smith v. Rae-Venter Law Group
Employer not required to pay attorney's fees and costs on appeal where labor commissioner's decision and trial court's decision were essentially identical. 		Employment Law Dec. 1, 2002
EEOC v. United Parcel Service Inc.
To show monocular individual's impairment is substantial limitation, impairment must prevent use of eyesight compared with how unimpaired individuals use eyesight in daily living. 		Employment Law Nov. 19, 2002
Caloca v. County of San Diego
Police officers are entitled to public hearing to challenge disciplinary recommendation of civilian review board. 		Employment Law Nov. 18, 2002
Rene v. MGM Grand Hotel Inc.
Openly gay employee alleging sexual harassment by same-sex co-workers has stated claim under Title VII. 		Employment Law Nov. 12, 2002
Jasch v. Potter
Where agency reaches merits of claim, despite employee's failure to comply with requests for information, administrative remedies are presumed sufficiently exhausted. 		Employment Law Oct. 29, 2002
Zivlovic v. Southern California Edison Co.
Court failed to make detailed factual findings regarding discrimination claim under American with Disabilities Act. 		Employment Law Oct. 29, 2002
Lawson v. State of Washington
There is insufficient evidence that plaintiff was constructively discharged after voluntarily resigning from employment due to religious beliefs. 		Employment Law Oct. 10, 2002
Dilley v. SuperValu Inc.
Potential violation of seniority system did not preclude jury from finding employee's requested accommodation to be reasonable. 		Employment Law Oct. 10, 2002
Schrader v. Ray
Employer that has fewer than 15 employees but receives federal assistance is subject to Rehabilitation Act. 		Employment Law Oct. 10, 2002
Hickman v. GEM Insurance Co.
Contract provision limiting insurance coverage for hospital room to 'usual and customary rate' is not ambiguous. 		Employment Law Oct. 10, 2002
Lopez v. C.M.G. Development Inc.
Property owner is not liable where independent contractor's employee is injured on the job and employee is covered under Worker's Compensation Act. 		Employment Law Oct. 2, 2002
Palestini v. General Dynamics Corp.
Fraudulent concealment of work-related injury qualifies as exception to Workers Compensation Act. 		Employment Law Oct. 1, 2002
City of Oakland v. WCAB
Employee is not entitled to workers' compensation benefits for psychiatric injury caused by demotion. 		Employment Law Oct. 1, 2002
Esberg v. Union Oil Co. of California
FEHA's policy against age discrimination does not extend to furnishing educational assistance benefits. 		Employment Law Oct. 1, 2002
Garrett v. Hewlett-Packard Co.
Forty-year-old African American male's negative performance evaluations may have been pretextual. 		Employment Law Sep. 29, 2002
Pool v. VanRheen
Public employee did not suffer retaliation for engaging in constitutionally protected speech. 		Employment Law Sep. 26, 2002
Ferguson v. Countrywide Credit Industries Inc.
Because employer's arbitration agreement is unenforceable based on doctrine of unconscionability, employee cannot be compelled to arbitrate employment discrimination claims. 		Employment Law Sep. 26, 2002
Stevedoring Services of America v. Director, Office of Workers' Compensation Programs
Multiple employers are liable for worker's gradual loss of hearing. 		Employment Law Sep. 26, 2002
Smith v. Diffee Ford-Lincoln-Mercury Inc.
In determining equitable relief, court is bound by jury's determination of factual issues common to both legal and equitable claims. 		Employment Law Sep. 26, 2002
Westaff (USA) Inc. v. Arce
Because ERISA permits plan administrators to bring suit in federal court only for equitable relief, action seeking money judgment is dismissed. 		Employment Law Sep. 25, 2002
Ramm v. City of Seattle
Police officers who lost promotions to those with lower test scores fail to show promotions system caused any harm. 		Employment Law Sep. 25, 2002
Rodarte v. Orange County Fire Authority
Disabled firefighter, who exhausted vacation and sick leave, was not entitled to salary during disability retirement application process. 		Employment Law Sep. 24, 2002
Herberg v. California Institute of the Arts
Sexual drawing of art school employee was not pervasive enough to create hostile work environment under Fair Employment and Housing Act. 		Employment Law Sep. 24, 2002
Cunliffe v. Industrial Claim Appeals Office
Employee is not entitled to unemployment benefits when she attempted to rescind voluntary resignation. 		Employment Law Sep. 23, 2002
Nance v. Sun Life Assurance Co.
Denial of long-term disability benefits for depression and back pain beginning after employee's termination is proper under ERISA. 		Employment Law Sep. 17, 2002
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