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2002-5
United States Supreme Court Rules Discrimination
Allegation Need Only Give Fair Notice
In an unanimous decision the Supreme Court has held that
an employee's Complaint sufficiently alleged a Title VII claim for race
and age bias without alleging facts necessary to ultimately support his
claim. Swierkeiwicz v. Sorema
Full Story
Consent to Monitoring Waives Privacy in Home
Computer Owned by Employer
A California Court of Appeal ruled an insurance executive
waived his privacy expectation in information stored on an computer owned
by his employer but used at his home by acknowledging his employer's written
policy limiting the use to work-related purposes and permitting the employer
to monitor the use. TBG Insurances Services Corporation v. Superior
Court
Full Story
Plaintiff Can Take FMLA Claim to Trial Without
Establishing He Meets All Statutory Requirements
The Ninth Circuit has held an employer may not be awarded
judgment as a matter of law despite the employee's pre-trial inability
to establish all statutory requirements for a Family and Medical Leave
Act claim, where the employee may be able to make such a showing at trial.
Scamihorn v. General Truck Drivers
Full Story
Collective Bargaining Agreement Term Control
Despite Inconsistent Employer Practice
A federal appellate court vacated an arbitrator's award
ruling that unambiguous contract language regarding truck drivers' commission
structure must be followed rather than company's "past practice" of paying
higher commissions because of a "zipper clause" in the collective bargaining
agreement superseding all prior written and unwritten agreements. Anheuser-Busch,
Inc. v. Teamsters Local 744
Full Story
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