Student Athlete on Scholarship Is Not an Employee for FEHA Claims

The California Court of Appeal affirmed summary judgment for a university holding a Labor Code provision excluding student athletes from the definition of "employee" barred a student's suit under the Fair Employment and Housing Act for discriminatory termination of her scholarship. Shephard v. Loyola Marymount University

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Purchaser Can Be Sued under ERISA For Changing Rights of Employees on Leave

The Ninth Circuit reinstated a lawsuit by employees when their company was sold. A provision in the sale contract said employees on leave would transfer to the buyer only if and when they returned to active employment. The Court said this provision violated ERISA's prohibition against discrimination against those who exercise ERISA rights. Lessard v. Applied Risk Management

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Eighth Circuit Rules Oral Notice Of Qualifying Event Sufficient for COBRA

COBRA requires written notice when a group plan commences but not when qualifying event occurs, when oral notice is sufficient. Chestnut v. Montgomery

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First Circuit Rules No ADA Violation for Firing of Jailed Alcoholic

The court rejected the ADA claim of an alcoholic who was fired after being jailed for drunk driving. Bailey v. Georgia-Pacific Corp

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Sexual Harassment Suit Barred by Time Limitation in Job Application

A federal district court barred a suit by an ex-employee against Daimler Chrysler on the grounds that it was filed too late. The Daimler Chrysler employment application had a statement obligating the employee to bring employment claims within six months and she did not adhere to this time limit. Wright v. Daimler Chrysler Corp.

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Title VII Permits Firing of Cross-Dressing Trucker

A federal district court in Louisana ruled that a male truck driver who was fired after disclosing to his supervisor that he sometimes dressed and acted like a woman, could not pursue a Title VII claim. According to the court, he was fired because of his conduct, not his gender or sexual stereotyping. Federal courts have uniformly held that Title VII does not bar discrimination based on sexual orientation, transvestism or transsexualism. Oiler v. Winn Dixie Stores, Inc.

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