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2002-4
California Supreme Court To Review Key Sexual
Harassment Defense
The California Supreme Court has agreed to review a key
decision in which an appellate court refused to apply the "Faragher/Ellerth"
defense to a sexual harassment claim brought under California state law.
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Employee Forced To Sign Arbitration Agreement
Need Not Arbitrate Discrimination Claim
A California appellate court has held that the "special
scrutiny" requirement for employment arbitration agreements is not confined
to job bias claims, but also should be applied to claims enforcing rights
under any statutes enacted for a public reason. Mercuro v.
Superior Court.
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Employee May Sue Religious Employer For Discrimination
A plaintiff who failed to state a claim for job bias
discrimination against a religious employer could still state a claim
for wrongful termination in violation of public policy based on the California
Constitution. Phillips v. St. Mary Regional Medical Center.
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Deputy D.A. With Checkered Work History Failed
To Establish Discrimination Or Retaliation When Denied a Promotion
A California appellate court affirmed a judgment in favor
of Orange County in a discrimination and retaliation action brought by
a former deputy D.A. She failed to show any causal connection between
an adverse job action and her discrimination complaint. Chen v. County
of Orange.
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Ninth Circuit Affirms Dismissal Of Complaint
For Breach Of Settlement Agreement; Dispute Was Arbitrable Under The Labor
Contract
The Ninth Circuit affirmed dismissal of an action, finding
the union was required to arbitrate its claim for breach of a settlement
agreement. The applicable CBA's arbitration clause covering "[a]ny dispute
concerning . . . wages, working conditions, or any other
matters referred to in this [CBA]," applied to claims for breach of agreements
settling such disputes as well. Inlandboatmens Union of the Pacific v.
Dutra Group.
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Okay For Paid Union Organizers To Lie On Job
Applications, But Not About Job Ability
Enforcing an order of the National Labor Relations Board
("NLRB"), a federal appellate court found a "salt" (a paid union organizer
who obtains a job with an employer solely to organize its workforce) may
lie on an employment application about his union status or organizing
objective, but not about his job qualifications. According to the NLRB,
lying about union status is not material to the hiring decision because
an employer cannot reject a job applicant for union-related reasons. Hartman
Brothers Heating and Air Conditioning, Inc. v. NLRB.
Full Story
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