|
|
|
 |
 |
 |
 |
|
 |
 |
 |
 |
|
 |
 |
|
Federal Defense Unavailable to Employers in State
Sexual Harassment Claims Ninth Circuit Reverses $85,000 Jury Verdict The Ninth Circuit reversed a jury award for harassment, holding that the employer responded adequately to the complaint by separating the complainant from the alleged harasser, and investigating the complaint promptly and thoroughly. Swenson v. Potter Ninth Circuit Reverses Employer Summary Judgment The Court held that direct evidence of a supervisor stating he had heard about plaintiff and circumstantial evidence that promotion criteria were changed to disqualify plaintiff from a promotion after she filed a pregnancy discrimination claim were sufficient to order a trial. Bergene v. Salt River Project Agricultural Improvement and Power District General Threat No Defense for Failure to Accommodate An employer who denied an employee a promotion to package driver due to her severe hearing impairment may have unlawfully failed to accommodate her. DOT certification was not an "essential job function" of the position, and where an employee would be a threat to the general public but not specifically to the workplace, no exception to the duty to accommodate disabilities exists. Morton v. UPS Posing Direct Threat to Co-Workers Not Qualified Holding a diabetic plaintiff was not qualified to perform the essential job functions of a chlorine operator job because he posed a direct threat to co-workers, the Ninth Circuit affirmed summary judgment for the employer Hutton v. Elf Atochem North America, Inc. Defamation Claim in Employment Action Triggers Duty To Defend The California Court of Appeal affirmed the granting of summary judgment to an employer holding that a defamation claim in a sexual harassment suit requires the general liability insurance carrier to provide a defense of the action. Golden Eagle Insurance Corp. v. Rocky Cola Café, Inc. | |
|
About our Firm | Our Services | Attorney Directory | Management Memos BRG&S Publications | Published Articles | BRG&S In the News | Seminars Visitor Comments | Home Page |
| Practice
limited to labor and employment law on behalf of management and related
litigation. Ballard Rosenberg Golper & Savitt, LLP has prepared this site
to enable you to learn more about our firm and the services it provides.
These materials do not, and are not intended to, constitute legal advice.
The information we make available at this site does not create an attorney-client
relationship, nor does it substitute for obtaining legal advice. ©2003 Ballard Rosenberg Golper & Savitt, LLP. No part of this site may be reproduced without permission. For technical support, contact webmaster. Site Design by Kricos Internet Design. |
