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2002-2
EEOC Can Sue For Employee's Damages Despite
Employee's Arbitration Agreement
The United States Supreme Court refused to bar the EEOC's
suit to recover specific relief on behalf of an employee who signed an
employment arbitration agreement because the EEOC was not a party to that
agreement. EEOC v. Waffle House, Inc.
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A Settling Plaintiff May Recover Attorneys'
Fees
After the parties to a disability discrimination lawsuit
settled, expressly reserving the right to have the court determine the
issue of attorneys' fees, a federal appellate court found that an enforceable
settlement can justify an attorneys' fees award. Barrios v. Cal. Interscholastic
Fed.
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Employee's Termination Did Not Violate Family
And Medical Leave Act
An employee was terminated when she violated company
policy by refusing to provide information necessary to determine her fitness
to work with natural gas. The employer's summary judgment was affirmed
because the employee admitted she had no qualifying health condition and
never requested FMLA leave. Bailey v. Southwest Gas Company
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An Oral Agreement To Settle, Made In Open
Court, Is Enforceable
After a plaintiff agreed in open court to specific, material
terms for the settlement of her discrimination suit, the settlement could
be enforced in federal court even though she later reneged. Doi v.
Halekulani Corp.
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Summary Judgment Is Proper For Employer Despite
No Formal Harassment Policies
Following competing "counter charges" of sexual harassment
made by two employees against each other, both employees were terminated.
A federal appellate court affirmed summary judgment on the female employee's
subsequent suit because her complaints to supervisors resulted in a full
investigation, despite the absence of formal, written harassment policies.
Hall v. Bodine Electric Co.
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Punitive Damages Reversed Where Employer Lacked
Actual Knowledge Of Harassment
After an employee was subjected to daily racial slurs
made in the presence of a local department manager, a jury found the employer
liable for its constructive knowledge of a hostile work environment. An
appellate court reversed the punitive damages, though, finding that liability
for punitive damages requires actual knowledge of harassment, not merely
constructive knowledge. Miller v. Kenworth of Dothan
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Summary Judgment For Employer On Same-Sex
Harassment Claim Is Affirmed
A male employee sued based on the conduct of two men
that included slashing tires, taunting, crotch-grabbing, and making threats
and other vulgar comments. Summary judgment for the employer was affirmed
with the appellate court finding the conduct amounted to a workplace grudge,
not sexual attraction or gender-based different treatment. Davis v.
Coastal International Security, Inc.
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