Supreme Court Approves Continuing Violation Doctrine
The United States Supreme Court held the "continuing violation" doctrine applies to make hostile environment harassment claims timely so as long as one act alleged in the claim occurs within the statutory limitations period. National Railroad Passenger Corp. v. Morgan

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Employers May Refuse To Hire Workers Whose Disabilities Pose Threats To Themselves
The United States Supreme Court held employers may refuse to hire applicants whose disability poses a direct threat to their own safety, so long as the employer relies upon an individualized assessment of the employee's ability to perform the job safely. Chevron U.S.A., Inc. v. Echazabal

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No Workers' Compensation Benefits For Psychiatric Injuries Caused By Gossip
A California appellate court held an employee suffered no compensable injury under workers compensation law because workplace gossip about the employee's extramarital affair with a coworker concerned "a personal matter" unrelated to employment. Atascadero Unified School District v. Workers' Compensation Appeals Board

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Restraining Orders Under Workplace Violence Safety Act Affirmed
A California court of appeal affirmed restraining orders against a former employee based on testimony from employees that she harassed her co-workers. The court held the testimony was properly considered because it was evidence of her conduct, not hearsay. Chubb & Son v. McDermott

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No Pretext Found In White Employee's Layoff For Poor Performance
The Ninth Circuit held that a white employee failed to present substantial and specific evidence of pretext where the reasons for his layoff (seasonal downturn and poor performance) were not inconsistent, white laid off employees had no more seniority than non-white retained employees, and statistical evidence of lay-offs was not a sufficient sample. Aragon v. Republic Silver State Disposal, Inc.

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Employee With Pneumonia Not Protected Under Americans With Disabilities Act
A federal appellate court held pneumonia is temporary and nonchronic, and therefore is not a disability under the Americans with Disabilities Act. The Court further held the employer's awareness that an employee is sick, combined with changes in work assignments, does not mean the employee is "regarded as" disabled. Rinehimer v. Cemcolift, Inc.

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