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.
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.
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.
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.
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.
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.
About our Firm | Our Services | Attorney Directory | Management Memos BRG&S Publications | Published Articles | BRG&S In the News | Seminars Visitor Comments | Home Page
limited to labor and employment law on behalf of management and related
litigation. Ballard Rosenberg Golper & Savitt, LLP has prepared this site
to enable you to learn more about our firm and the services it provides.
These materials do not, and are not intended to, constitute legal advice.
The information we make available at this site does not create an attorney-client
relationship, nor does it substitute for obtaining legal advice.
©2003 Ballard Rosenberg Golper & Savitt, LLP. No part of this site may be reproduced without permission. For technical support, contact webmaster. Site Design by Kricos Internet Design.