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Bendixen v. Standard Insurance Co.
Unless conflict of interest between an ERISA plan administrator and claimant is 'serious,' court's review is limited to abuse-of-discretion standard.
Employment Law Oct. 29, 1999
Wellington v. Lyon County School District
A reasonable jury could find that an employee was 'disabled' and 'qualified' within the meaning of the Americans with Disabilities Act.
Employment Law Oct. 29, 1999
Schuler v. City of Boulder
Qualified immunity not available to supervisors of public employee who discipline for exercise of protected speech.
Employment Law Oct. 28, 1999
Anderson v. Intermountain Power Service Corp.
Order
Employment Law Oct. 28, 1999
Squire v. UAL Corp.
Order
Employment Law Oct. 28, 1999
Herrera v. City of Albuquerque
Order
Employment Law Oct. 28, 1999
Hall v. U.S. Department of Labor
Order
Employment Law Oct. 28, 1999
Hill v. Runyon
Order
Employment Law Oct. 27, 1999
Smith v. Cashland Inc.
Employer in sexual harassment case is entitled to present alternative defenses to avoid liability.
Employment Law Oct. 27, 1999
Sorensen v. University of Utah Hospital
Duration and long-term impact of impairment are factors determining whether impairment substantially limited a major life activity.
Employment Law Oct. 27, 1999
Lagatree v. Luce, Forward, Hamilton & Scripps
Termination of employee who refuses to sign predispute arbitration agreement regarding work-related disputes doesn't violate public policy.
Employment Law Oct. 22, 1999
Dobbins v. County of San Diego Civil Service Commission
Where officers are removed from their positions and transferred to other posts for nondisciplinary reasons, they are not entitled to appeal process.
Employment Law Oct. 22, 1999
Lane v. Hughes Aircraft Co.
Employee may reply on indirect and circumstantial evidence to show race-based discrimination.
Employment Law Oct. 20, 1999
Manufacturers Life Ins. Co. v. East Bay Restaurant and Tavern Retirement Plan
ERISA pre-empts California's Unclaimed Property Law.
Employment Law Oct. 13, 1999
Friedrich v. Intel Corp.
Employer violates ERISA by not following internal procedures and failing to provide proper appeals procedure in denying employee's long term disability benefits claim.
Employment Law Sep. 30, 1999
Maciejewski v. Alpha Systems Lab, Inc.
No dispute resolution method will be accepted unless it's fair, prompt, and economical.
Employment Law Sep. 30, 1999
Hanson v. Lucky Stores Inc.
Disabled employee not wrongfully terminated where employer grants extra leave and offers alternate, albeit less desirable, job within work restrictions.
Employment Law Sep. 22, 1999
Ziegler v. City of South Pasadena
Substantial evidence that police officer was involved in a hit-and-run accident and lied about it justifies firing.
Employment Law Sep. 14, 1999
Ziegler v. City of South Pasadena
Substantial evidence that police officer was involved in a hit-and-run accident and lied about it justifies firing.
Employment Law Sep. 13, 1999
Hobson v. Raychem Corp.
In disability discrimination action, summary judgment for employer is proper where employee fails to properly identify qualified disability and discriminatory action.
Employment Law Sep. 13, 1999
Murphy v. United Parcel Service
High blood pressure, treated with medication, doesn't substantially limit a major life activity for protection under the Americans with Disabilities Act.
Employment Law Sep. 9, 1999
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