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Washington State Court decides that employers need not accommodate employee use of medical marjiuana
- Fenwick & West LLP
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- USA
- -
- October 15 2009
In Roe v. TeleTech Customer Care Management, LLC, a job applicant informed her prospective employer, TeleTech, that she used medical marijuana at home with medical authorization to do so under the Washington State Medical Use of Marijuana Act (MUMA
Employers should be prepared for swine flu issues at the workplace
- Fenwick & West LLP
- -
- USA
- -
- October 15 2009
Flu season is upon us, and this year the concerns are heightened due to the threat posed by the H1N1 influenza virus (also referred to as the swine flu
Employee with authorization to access company documents did not violate any law by copying files before resigning
- Fenwick & West LLP
- -
- USA
- -
- October 15 2009
In LVRC Holdings LLC v. Brekka, the Ninth Circuit ruled that an employee did not violate the Computer Fraud and Abuse Act (CFAA) by emailing numerous company files to his personal email account prior to his termination
Employees need not complain of every discriminatory comment to support a finding of protected activity and reasonable belief of discrimination
- Fenwick & West LLP
- -
- USA
- -
- October 15 2009
In Equal Employment Opportunity Commission v. Go Daddy Software, Inc., the Ninth Circuit held unreported workplace comments are relevant in retaliation cases to determine whether an employee engaged in protected activity by complaining of discrimination
Federal appellate court rules that laid-off employees must meet higher standard of proof in discrimination cases
- Fenwick & West LLP
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- USA
- -
- October 15 2009
In Geiger v. Tower Automotive, the Sixth Circuit Court of Appeals (Cincinnati) held that employees who have been terminated as part of a workforce reduction must meet a higher standard of proof to establish a valid claim for age discrimination
Ninth Circuit rules that physical capacity evaluation may constitute a prohibited medical examination under the ADA
- Fenwick & West LLP
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- USA
- -
- October 15 2009
In Indergard v. Georgia-Pacific Corp., an employee was required to participate in a physical capacity evaluation (PCE) prior to returning to work after surgery
Subjective criteria not allowed to defeat a prima facie case of discrimination
- Fenwick & West LLP
- -
- USA
- -
- October 15 2009
In Nicholson v. Hyannis Air Service, Inc., Tiffany Nicholson sued her former employer for gender discrimination after she was suspended from flying due to problems with "communication and cooperation" skills
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