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17 results found

Article

Fenwick & West LLP | USA | 13 Jul 2011

Denny's Restaurant to pay $1.3 million for strictly applying maximum medical leave policy and alleged disability bias

In June, Denny's Restaurant settled an Americans with Disabilities Act ("ADA") disability bias class action lawsuit filed by the Equal Employment Opportunity Commission ("EEOC"), involving 34 claimants, for $1.3 million.

Article

Fenwick & West LLP | USA | 8 Apr 2011

Court refuses to recognize hostile work environment and harassment claims under USERRA

In Carder v Continental Airlines, Inc., the Fifth Circuit Court of Appeals (New Orleans) held that there is no cause of action for hostile work environment or harassment under the Uniformed Services Employment and Reemployment Rights Act (USERRA), which prohibits discrimination against employees who serve in the uniformed services. Plaintiffs, a group of Continental pilots who were also members of the Air National Guard and the Reserves, brought suit against the airline alleging they had been subjected to a hostile work environment and harassment because of their military service obligations

Article

Fenwick & West LLP | USA | 8 Apr 2011

Employer's swift and serious response to initial complaint of discrimination pays off

A recently issued decision by the First Circuit Court of Appeals (Boston), Wilson v. Moulison North Corporation, provides an excellent example of how employers can avoid liability for harassment through preventive measures and follow-through.

Article

Fenwick & West LLP | USA | 8 Apr 2011

Ninth Circuit upholds one-strike rule for drug testing against ADA and FEHA challenge

In Lopez v. Pacific Maritime Associates, the employee plaintiff challenged a union's one-strike rule, which provided that one positive drug or alcohol test during pre-employment testing permanently prohibited the hiring of the applicant.

Article

Fenwick & West LLP | USA | 8 Apr 2011

U.S. Supreme Court holds verbal complaints are protected by FLSA anti-retaliation provisions

The Supreme Court ruled last month that workers who complain about wage violations to their employer are protected from retaliation under the Fair Labor Standards Act (FLSA), regardless of whether those complaints are oral or written.

Article

Fenwick & West LLP | USA | 14 Jul 2010

Harassment claim revived, sexual attraction not prerequisite

The First Circuit Court of Appeal (based in Boston) revived plaintiff Ruth Rosario's sexual harassment claim.

Article

Fenwick & West LLP | USA | 14 Jul 2010

Third-party retaliation claim captures spot on US Supreme Court docket

The United States Supreme Court has agreed to review a plaintiff's claim that he was terminated in retaliation for his fiancée's sexual discrimination complaint to their mutual employer.

Article

Fenwick & West LLP | USA | 14 Jul 2010

Court revives age discrimination claim, finding "me too" evidence admissible

In an unpublished decision, a California appellate court revived a plaintiff's claim for age discrimination, finding admissible his proffered "me too" evidence of a corporate plan to drive out older managers and replace them with younger, less costly personnel.

Article

Fenwick & West LLP | USA | 13 Apr 2010

Employee fired for planning to file for bankruptcy can pursue retaliation claim

The bankruptcy code prohibits an employer from discriminating against or terminating an employee for filing or having filed for bankruptcy protection.

Article

Fenwick & West LLP | USA | 13 Apr 2010

Employee did not waive attorney-client privilege by using company laptop to send e-mails through personal e-mail account

Finding that an employee had a reasonable expectation of privacy in e-mails sent to and from her attorney on her company laptop, the New Jersey Supreme Court in Stengart v. Loving Care Agency, Inc. held that the attorney-client privilege continued to protect such communications.

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