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Cal Supreme Court refuses to immunize employers in mixed-motive discrimination cases, but significantly limits remedies

Fenwick & West LLP
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USA
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February 20 2013

Resolving a question that has been pending for three years, in Harris v. City of Santa Monica, the California Supreme Court held that, in

Kmart victorious in first suitable-seating trial

Fenwick & West LLP
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USA
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February 20 2013

Kmart emerged triumphant in the first of the "suitable seating" cases to be tried. In Garvey v. Kmart, a California federal district court evaluated

FB posts of Mexico vacation land employee on FMLA leave in hot water

Fenwick & West LLP
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USA
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February 20 2013

In Lineberry v. Richards, an employee on FMLA leave due to back and leg pain so angered her colleagues by her Facebook posts of a Mexico vacation and

Validity of 2012 NLRB recess appointments and decisions in question

Fenwick & West LLP
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USA
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February 20 2013

The D.C. Circuit Court of Appeals declared President Obama's January 2012 recess appointments to the National Labor Relations Board (the "NLRB"

Discharge lawful where store manager could not be physically present in store

Fenwick & West LLP
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USA
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February 20 2013

In Lawler v. Montblanc North America, LLC, the Ninth Circuit Court of Appeals (applying California law) recognized that adverse action because of a

Manager's bias, public policy, and defamation claims due to termination following investigation thrown out before trial

Fenwick & West LLP
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USA
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February 20 2013

In McGrory v. Applied Signal Technologies, Inc., Applied Signal ("AST") secured the dismissal of a former manager's claims that his termination was

Six-month claims limitations period in arbitration agreement unconscionable

Fenwick & West LLP
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USA
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February 20 2013

In Bowlin v. Goodwill Industries of Greater East Bay, Inc., a California federal district court found Goodwill's requirement, as part of an

NLRB upholds Facebook firing, but strikes down "courtesy," social media, and other workplace policies

Fenwick & West LLP
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USA
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October 17 2012

In September, the National Labor Relations Board issued its first Board-level decision on a Facebook-related termination

Policy-based gender bias class claims live on

Fenwick & West LLP
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USA
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October 17 2012

In two separate rulings, federal district courts in the Northern District of California recognized the viability of class disparate impact claims as a vehicle to remedy widespread gender bias when attributed to a company policy

Fry's to pay $2.3 million to settle "sext" harassment, retaliation claims

Fenwick & West LLP
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USA
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October 17 2012

Fry's and the EEOC entered into a consent decree to settle claims of sexual harassment and retaliation

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