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 November 30, 2001 Maintenance of Discriminatory Policy May Create Continuing Violation A federal appeals court reversed summary judgment in favor of a California employer accused of discriminating in hiring, despite the fact that the plaintiff had not timely filed her discrimination claim. The appeals court held that the late filing was saved by the "continuing violations" doctrine. Douglas v. California Dept. of Youth Authority. No FMLA Violation or Termination in "Key Employee" Notification An employer who notified an employee on FMLA leave that she was a "key employee" and that her job was not guaranteed on return, did not violate FMLA. Kelly v. DecisionOne Corp. No Fees For Firm That Beat ULP Charges An employer that won a battle with the National Labor Relations Board after being accused of engaging in unfair labor practices was not able to recover fees against the NLRB under the Equal Access to Justice Act. A federal appeals court found the NLRB was substantially justified in bringing the charges, even though they were ultimately rejected. Hovey Electric, Inc. v. NLRB. Punitive Damages Without Compensatory Damages A federal appeals court affirmed an award of punitive damages against an employer in a sexual harassment lawsuit, despite the fact that the jury did not award compensatory damages. The court found the employer failed to address the employee's complaints quickly or adequately. Cush-Crawford v. Adchem Corp. Claim of FMLA Retaliation Rejected An employee who announced his intention to take FMLA leave in the future was protected from discrimination. However, his subsequent termination was deemed to be for a legitimate business reason (the closure of his department) and therefore did not violate the FMLA. Skrjanc v. Great Lakes Power Service, Co. Employer's Request to Delay Leave May Have Chilled FMLA Rights An employer who asked an employee to delay his requested FMLA leave, then rejected his leave request and terminated him may be liable for violating FMLA. A federal trial court denied summary judgment, ruling the employer's request may have "chilled" the employee's exercise of his federal rights. Shtab v. Great Bay Hotel & Casino, Inc. Employee Wrongfully Terminated for Refusing to Sign Non-Compete Agreement A California appellate court affirmed a jury award of over $1 million where the jury found that the employee was terminated for refusing to sign an unlawful non-compete agreement. Walia v. Aetna, Inc. | |
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