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2003-23
SUMMARY JUDGMENT AFFIRMED DUE TO LACK OF HOSTILE WORK ENVIRONMENT,
DISCRIMINATORY INTENT AND CAUSAL NEXUS TO SHOW RETALIATION
The Ninth Circuit affirmed summary judgment in favor of the County of
Los Angeles on Plaintiff's racial discrimination, harassment, and retaliation
claims, after he was transferred, denied overtime, and denied bilingual
pay. Plaintiff failed to show that two alleged statements by his supervisor
regarding his ethnicity were severe or pervasive enough to create a hostile
work environment, or to show that discriminatory intent was behind the
decisions he protested, as the supervisor was not the decision maker.
Plaintiff's retaliation claim failed because he could not show that the
challenged decisions were caused by his filing of a grievance. Vasquez
v. County of Los Angeles.
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Story
SUMMARY JUDGMENT AFFIRMED WHERE DISABLED FORMER EMPLOYEE FAILED TO
COOPERATE IN JOB SEARCH PROCESS
The Ninth Circuit affirmed summary judgment in favor of an employer on
federal and state disability discrimination claims where the plaintiff's
doctor concluded that he was not qualified for the position he sought
and the plaintiff otherwise failed to cooperate with the employer's efforts
to find a position for him. Allen v. Pacific Bell.
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Story
SUMMARY JUDGMENT AFFIRMED WHERE EMPLOYEE FAILED TO EXHAUST ADMINISTRATIVE
REMEDIES
The Ninth Circuit affirmed summary judgment in favor of the United States
Postal Service on a former employee's Title VII and Rehabilitation Act
claims on the grounds that he failed to exhaust his administrative remedies
by failing to identify disability as a basis of his discrimination claim
in his EEOC Charge. Leong v. Potter.
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SUMMARY JUDGMENT REVERSED AS TO FAMILY LEAVE CLAIMS, AFFIRMED AS TO
CONTRACT CLAIMS
The Ninth Circuit reversed summary judgment in favor of an employer on
a plaintiff's FMLA, CFRA, and related public policy claims because the
employer may have denied or discouraged leave (by denial of extensions
or mischaracterization of leave) and her FMLA leave may have been a factor
in her termination. Summary judgment was affirmed on plaintiff's contract
claim because she was an at-will employee. Liu v. Amway Corporation.
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SUMMARY JUDGMENT REVERSED AS TO WRONGFUL TERMINATION BASED ON TRIABLE
ISSUES RELATING TO EMPLOYMENT STATUS, AFFIRMED ON CONTRACT CLAIMS BASED
ON AT-WILL STATUS
A California appellate court reversed summary judgment in favor of an
employer on Plaintiff's claim for wrongful termination in violation of
public policy because there was a factual dispute as to whether Plaintiff,
a former freelance writer, was an employee or independent contractor.
The court affirmed summary judgment as to the plaintiff's contract claims
because the relationship was at-will. Ali v. L.A. Focus Publication.
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Story
SAN FRANCISCO APPROVES MINIMUM WAGE OF $8.50 PER HOUR
Most employers in San Francisco will be required to pay a minimum wage
of $8.50 per hour, effective February 2, 2004, as a result of a ballot
initiative approved by San Francisco voters on November 4, 2003. The minimum
wage will increase each year, starting on January 1, 2005, with the cost
of living. For employers with fewer than ten employees and for non-profit
employers, a minimum wage of $7.75 will be required beginning January
1, 2005, increasing to the "full" minimum wage on January 1, 2006.
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