NLRB Standard Violates Constitutional Right To Petition For Redress Of Grievances

The United States Supreme Court held that the National Labor Relations Board cannot impose liability on an employer for filing a losing lawsuit without establishing that the suit was both objectively baseless and subjectively motivated by an unlawful purpose. BE&K Construction v. NLRB

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Neutral Policy Resulting In Rejection Of Rehabilitated Drug Addict Violates ADA

Maintaining a blanket, neutral policy against rehire of all former employees who violated company policy discriminates on the basis of disability against persons with a record of addiction who have been successfully rehabilitated, Hernandez v. Hughes Missile Systems

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Circuit City Arbitration Agreement Is Valid As Applied To FEHA Cases

Where an employee is offered the opportunity to opt out of an arbitration agreement, and fails to do so, that "inaction" is the same as "acceptance" and the arbitration agreement is valid. Circuit City Stores v. Najd

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Carpal Tunnel Syndrome Held Not A "Substantial Limitation" Under the ADA

The Ninth Circuit held that an employee's keyboarding and handwriting restrictions may be important to lawyers and law firms but did not qualify under the Americans With Disabilities Act because those restrictions were not of central importance in most people's daily lives. Thornton v. McClatchy Newspapers, Inc.

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FEHA Does Not Prohibit Benefits Discrimination Based On Age

California's Supreme Court held that FEHA's prohibition against age discrimination does not extend to employee benefits such as educational assistance. Esberg v. Union Oil Company of California

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Failure To Seek Judicial Review Of Administrative Determination Bars Subsequent FEHA Claim

The appellate court held that an adverse administrative determination becomes final and binding upon a party's failure to exhaust judicial remedies, barring a subsequent damages suit. Risam v. County of Los Angeles

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Forcing Employee To Choose Between Job And Marriage Held Permissible Where Serious Conflict Of Interest Exists.

An appellate court held that an employee's right to privacy was not violated when she was terminated for refusing to give up plans to marry a convicted felon, when the employee had access to confidential information regarding police officers. Ortiz v. Los Angeles Police Relief Association

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Mere "Pro Forma" Consideration Of Applicant For Promotion Raises Inference Of Pretext.

An appellate court found a denial of an interview to a 64-year old applicant, coupled with stray comments, raised an inference of pretext sufficient to defeat the employer's summary judgment in an age discrimination case. Danville v. Regional Lab Corp.

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