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Report Link Employee Testing Positive for Drug Use Failed to Prove Discrimination and Retaliation Claims.Jackson Lewis LLP - April 04, 2008 An African-American employee, who tested positive for drug use, failed to prove her race and disability discrimination and retaliation claims against her employer under Title VII of the Civil Rights Act of 1964, Section 1981 (the Civil War-era Civil Rights Act barring racial discrimination), and the California Fair Employment and Housing Act, a federal appeals court in San Francisco has ruled. Surrell v. California Water Serv. Co., No. 06-15400 (9th Cir. Mar. 11, 2008). The plaintiff alleged that the employer violated Title VII and Section 1981 by failing to promote and cross-train her, and retaliating after she complained by directing her to take drug tests. Report Link Court of Appeals Clarifies Summary Judgment Standard on Pretext.Jackson Lewis LLP - June 05, 2007 Addressing a rare claim of "reverse" religious discrimination, a federal appeals court in San Francisco has held that in raising a factual question over the asserted pretextual nature of an employer's explanation for promoting another candidate worthy of being tried, a plaintiff may rely either on direct evidence of the employer's discriminatory motive or indirect evidence that undermines the credibility of the employer's articulated reasons. Noyes v. Kelly Services,No. 04-17050 (9th Cir. May 29, 2007). Because the trial court imposed a heavier burden on the plaintiff, the U.S. Court of Appeals for the Ninth Circuit reversed summary judgment in favor of the employer. Report Link The Fifth Circuit Court of Appeals Reverses Summary Judgment in Favor of Employer and Orders a Title VII Trial to Proceed Where the Employer Claims a "Mistake" in Stating its Reasons for Discharging the Plaintiff/Employee (pdf).Phelps Dunbar LLP - August 29, 2006 In the recent decision of Staten v. New Palace Casino, LLC,
2006 WL 1737438 (5th Cir.(Miss.)), the Fifth Circuit Court of
Appeals [which governs federal district court cases on appeal in
Mississippi, Louisiana and Texas] issued an important ruling to
which all employers should pay close attention. Report Link Jefferson County Worker's Bias Claim Fails (pdf).Ogletree Deakins - June 20, 2006 Employer's explanation was not a pretext for discrimination. Report Link No Heightened Evidentiary Burden Is Imposed In A Title VII Mixed-Motive Case.Ballard Rosenberg Golper & Savitt - September 01, 2002 The Ninth Circuit ruled that the jury was properly instructed that it could find for the employee if it decided that her sex was a motivating factor for her termination, even if there were other lawful reasons for her termination. Report Link Employer's Claim That Termination Was Due To Employees Damaging Airplane Prevails Over Employees Claim That Termination Was Based On Discrimination And Violation Of Public Policy.Ballard Rosenberg Golper & Savitt - April 01, 2002 Discusses Villiarimo v. Aloha Island Air, Inc. (9th Cir. Feb. 28, 2002), in which the court held that adding a reason for termination does not show pretext unless it were to conflict with a prior stated reason for the treatment. Report Link Employer Entitled to Act on Unbiased Reasonable Belief About Employee’s Performance [PDF Newsletter].Kirkpatrick & Lockhart LLP - May 01, 2001 Discusses Griel v. Franklin Medical Center and William Gerrand, No. 00-1067 (1st Cir. 2000), in which the court held that defendant's belief that plaintiff had engaged in misconduct was the determining factor in a discrimination suit, not whether plaintiff had actually engaged in the misconduct. Report Link SUPREME COURT RULES ON PRETEXT PLUS. Employment Law Information Network - June 01, 2000 Discussion of Reeves v. Sanderson Plumbing Products, Inc., __ U.S. __, No. 99-536 (June 12, 2000), in which the court ruled that a jury may find for a plaintiff who establishes 1) a prima facie case of discrimination; and 2) that the employer’s proffered non-discriminatory reason for his discharge is false. Report Link Supreme Court Rules on Fundamental Issues Involving Evidence in Discrimination Cases. Jackson Lewis LLP - March 01, 2000 Discussion of Reeves v. Sanderson Plumbing Products, Inc., __ U.S. __, No. 99-536, in which the court ruled that a jury may find for a plaintiff who establishes 1) a prima facie case of discrimination; and 2) that the employer’s proffered non-discriminatory reason for his discharge is false.
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ArticlesFound: 9 ArticlesSUBTOPICS Employment Law Seminars
UNDERSTANDING YOUR ETHICAL RESPONSIBILITIES AT WORK (AB 1234 COMPLIANCE)
Sacramento
May 13, 2008 Shaw Valenza LLPPreventing Wage/Hour Class Actions.Online
May 13, 2008 LittlerHOW TO CONDUCT EFFECTIVE INTERNAL INVESTIGATIONSSacramento
May 13, 2008 Shaw Valenza LLPHow to Stay Union FreeLas Vegas
2008-5-13 Jackson Lewis LLPConducting Effective Investigations of Employment Claims: Essential Skills for Internal InvestigatorsHouston
May 13, 2008 Littler2008 Public Sexual Harassment Training for supervisors and managers.Universal City
May 13, 2008 Ballard RosenbergSHRM Morris County Monthly Legal UpdateFlorham Park
2008-5-14 SHRM Morris County ChapterThe Connecticut Sexual and Other Harassment Education and Training in the Workplace ActHartford
2008-5-14 Jackson Lewis LLPDigital Dangers: Recent E-Discovery Developments and TrendsLas Vegas
May 14, 2008 LittlerHealth Care's New Labor and Privacy Law Frontiers: Defusing Tomorrow's Problems TodayDenver
May 14, 2008 Littler |
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