Refusal to Fire In Favor of "Someone Hot" May be Protected
A California Court of Appeal has ruled that a cosmetic company that fired an executive for refusing his order to replace one saleswoman with someone he considered to be "hot" looking can sue for job retaliation under the state's job bias laws. The case also lowers the standard for when an employer action is an "adverse employment action" by redefining the term to refer to any act "reasonably likely to deter protected activity." Yanowitz v. L'Oreal USA, Inc.
Extension of Benefits Not an ERISA Plan
The Ninth Circuit ruled ERISA does not apply to the extension of a severance package with a change reducing the pay-out, since the severance package was not a plan under ERISA. Winterrowd v. American General Annuity Insurance Company
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