2003-19

AIRLINE WAS NOT "JOINT EMPLOYER" OF CONTRACT EMPLOYEES FOR FMLA AND CFRA COVERAGE.

The Ninth Circuit affirmed summary judgment for an employer in an FMLA case, in which the employer did not employ the minimum number of employees to be covered by the Act. The company was held not to be a ?joint employer? with its contracting companies; therefore the contractors? employees should not be included to establish FMLA/CFRA applicability. Moreau v. Air France.

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EATING IS A MAJOR LIFE ACTIVITY UNDER THE ADA.

The Ninth Circuit reversed summary judgment previously granted to a company which did not provide an individual with acute diabetes the accommodation of being able to eat at her desk. The court found the employee presented sufficient evidence that the employee?s need to eat was a major life activity that was substantially limited by her diabetes. Fraser v. Goodale.

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AN EMPLOYEE TERMINATED AFTER REPORTING SEXUAL HARASSMENT OF ANOTHER EMPLOYEE WAS ABLE TO INFER KNOWLEDGE OF THIS REPORT TO THE DECISIONMAKER.

The Ninth Circuit reversed summary judgment granted to a company, finding a reasonable jury could infer a causal connection between the Plaintiff?s report of harassment of a co-employee, and his termination 24 days later because Plaintiff?s manager (the alleged harasser) would know or suspect who the complainant was, once the complaint was made. Hernandez v. Spacelabs Medical, Inc.

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DESPITE BEING DISMISSED FROM THE CASE, COUNTY EMPLOYER STILL LIABLE FOR STIPULATED JUDGMENT

A county employer can be liable for a stipulated judgment against one of its employees for sexual harassment under Government Code 825.2, even though the county had been previously dismissed from the case, if the alleged harasser was acting within the scope of employment, and there was no actual fraud, corruption, or malice on the part of the employee. Johnson v. County of Fresno.

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