2002-1

Employee Who Can Perform Daily Tasks Not Disabled Under ADA

The U.S. Supreme Court has ruled that to be "disabled" under ADA, an individual must be restricted from activities that are important to most people's daily lives. Mere inability to perform repetitive manual tasks is not an important part of most people's daily lives and therefore does not qualify someone as "disabled." Toyota Motor Mfg., Kentucky, Inc., v. Williams.

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Bias Lawsuit Dismissed; No Evidence Of Disparate Impact

Closing the final chapter on a long-running employment dispute, the Ninth Circuit ruled that even where an employer treated certain workers differently, in hiring, housing by "race-labeling," Title VII was not violated because these policies did not impede worker advancement or create a disparate impact on nonwhite workers. Atonio v. Wards Cove Packing Co.

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Whistleblower Protected From Employer's Retaliation

The Ninth Circuit has ruled that an employee who reported a potential ethical violation by his supervisors to NASA's Inspector General and was subsequently asked to consider a transfer, reduced funding and a demotion, could show a violation of the False Claims Act, which prohibits contractors from defrauding the government and protects "whistleblowers" by making it illegal for an employer to discriminate against an employee for reporting potential fraud. Moore v. Cal. Institute of Tech. Jet Propulsion Laboratory.

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Retaliation for Harassment Complaints Violates Title VII

An employee who complained of disability harassment to her supervisor subsequently received a lower performance evaluation and was laid off. Noting the employer's failure to justify the lower scores based on actual performance, the Ninth Circuit affirmed a jury verdict based on retaliation, despite the finding there was no disability-related harassment. Winarto v. Toshiba.

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Dispute Over Hours Worked Permits Trial on FMLA Claim

A part-time radiological technician who was terminated while on leave to recover from an operation was denied leave under the Family and Medical Leave Act because she was 63.5 hours short of the 1,250 "hours worked" requirement. The Court found she was entitled to go to trial due to her claim that she should have been paid for additional hours. Kosakow v. New Rochelle Radiology Associates P.C.

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Seventh Circuit Grants Labor Injunction Against Grocery Store

A federal appeals court has granted an NLRB Regional Director's request for an interim injunction requiring a new store owner to recognize and bargain with the union representing its predecessor's employees and to offer employment to ten "incumbent" employees. The Court found the NLRB had a strong likelihood of prevailing on a complaint alleging that the successor employer illegally avoided recognizing the union and refused to hire the incumbent employees. Bloedorn v. Francisco Foods Inc. d/b/a Piggly Wiggly.

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Five Year Age Difference Does Not Demonstrate Age Discrimination

A former manager who was replaced by an employee five years his junior could not establish a prima facie case of age discrimination. The court held that to establish a federal age claim there must be a sufficient disparity in age, between terminated employee and the replacement, i.e., 10 years. Bennington v. Caterpillar Inc.

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Employee's Claims Dismissed Due to Reporting Delay

An employee's seven-month delay in using her employer's formal complaint procedures to report sexual harassment blocked her claims of sexual harassment and retaliation. The Court affirmed a lower court's award of summary judgment, relying on the "Faragher-Ellerth" defense. Gawley v. Indiana Univ.

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DOL Regulation Waiving FMLA Eligibility Requirements Rejected

A federal district court has rejected a Labor Department regulation waiving eligibility requirements under the FMLA where an employer fails to tell an employee whether he or she is eligible for FMLA leave before the leave is to start. The regulation, which would permit FMLA leave to employees made ineligible by the statute, was held "unreasonable and contrary to congressional intent." Caraballo v. Puerto Rico Telephone Inc.

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Bush Executive Order Enforcing Beck Rights Stricken

A federal court has stricken President Bush's executive order requiring federal contractors to post notices informing employees of their rights not to join a union or to pay agency fees used for non-representational purposes, as guaranteed by the U.S. Supreme Court's 1998 decision in Communications Workers v. Beck. UAW-Labor Employment and Training Corp. v. Chao.

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NLRB Orders Temporary Workers Included In Unit For Election

The NLRB ruled that 13 carpenters and welders who were hired as temporary workers but stayed to work on other projects must be included in a unit voting on whether to choose union representation because they share a sufficient community of interests with the permanent employees. MJM Studios of N.Y., Inc.

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