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Colmenares v. Braemar Country Club Inc.
Definition of disability enacted in 2000 doesn't apply retroactively to disability discrimination case brought in 1997.
Employment Law Apr. 8, 2003
Little v. Auto Stiegler Inc.
Arbitration agreement is enforceable under 'Armendariz' because employee's complaint did not invoke statutory claims.
Employment Law Apr. 8, 2003
Dyack v. Commonwealth of the Northern Mariana Islands
Physician was not member of civil service and thus not entitled to notice of termination or opportunity to respond.
Employment Law Mar. 24, 2003
Shafer v. County of Los Angeles Sheriff's Dept.
Police officer's false statements during worker's compensation deposition were admissible in termination hearing.
Employment Law Mar. 18, 2003
Cucuzza v. City of Santa Clara
City's alleged conduct under Fair Employment and Housing Act did not amount to 'continuing violation.'
Employment Law Feb. 28, 2003
Rieger v. Arnold
In sexual harassment action, employee's prior sexual conduct at workplace is admissible.
Employment Law Feb. 20, 2003
Rudebusch v. Hughes
Pay adjustments awarded to minorities and women raise factual issues as to whether they were remedial.
Employment Law Feb. 18, 2003
Martino v. Workers' Compensation Appeals Board
Injured worker's request for vocational rehabilitation benefits was not barred by statute of limitations.
Employment Law Feb. 4, 2003
Maffei v. Sacramento County Employees' Retirement System
Employee who quit county job before enactment of statute providing reciprocity among retirement systems is eligible for benefits.
Employment Law Feb. 4, 2003
Shephard v. Loyola Marymount University
Student athlete on scholarship is not employee of university for purposes of California Fair Employment and Housing Authority Act.
Employment Law Feb. 3, 2003
Hanna v. Los Angeles County Sheriff's Dept.
Deputy sheriff who was denied disability retirement benefits must be reinstated to former position.
Employment Law Feb. 3, 2003
Lyons v. England
In racial discrimination action against U.S. Navy, prelimitations period claims are time-barred but may be offered as background evidence and proof of intent.
Employment Law Jan. 15, 2003
Ulrich v. City and County of San Francisco
Refusal to accept recission of voluntary resignation does not amount to deprivation of property interest.
Employment Law Jan. 15, 2003
Bui v. AT&T
Employee's malpractice claim for allegedly negligent medical advice is not preempted by ERISA.
Employment Law Jan. 15, 2003
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