2004-1

EMPLOYER NOT REQUIRED TO ALTER DIVERSITY PROGRAM OR ALLOW POSTING OF ANTI-HOMOSEXUAL BIBLE VERSES TO ACCOMMODATE EMPLOYEE'S RELIGIOUS BELIEFS

The Ninth Circuit affirmed summary judgment in a religious discrimination case, finding that the plaintiff, who was terminated for posting Bible verses about homosexuality, failed to raise an inference of disparate treatment, and that accommodating his beliefs, either by permitting him to post Bible verses deemed offensive by homosexuals, or by altering its "diversity program," would inflict undue hardship on the Company. Peterson v. Hewlett-Packard Co.

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REPORTS TO POLICE HELD ABSOLUTELY PRIVILEGED

The California Supreme Court has ruled that tort liability for defamation may not be imposed for statements made when a citizen contacts law enforcement personnel to report suspected criminal activity. Hagberg v. California Federal Bank.

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FEDERAL METHOD OF CALCULATING "REGULAR RATE OF PAY" APPLIED DURING TWO-YEAR PERIOD WHEN CALIFORNIA DID NOT REQUIRE DAILY OVERTIME PREMIUMS

The California Court of Appeal has ruled that the federal method of calculation of an employee's "regular rate of pay" for purposes of determining applicable time-and-one-half overtime premiums applied during the two-year period between Jan. 1, 1998 and Jan. 1, 2000 when California did not require the payment of such premiums for daily overtime. Espinoza v. Classic Pizza, Inc.

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NO PRIVILEGE ATTACHES TO COMMUNICATIONS BETWEEN UNION MEMBERS AND UNION REPRESENTATIVES

A California Court of Appeal has reversed a trial court's denial of an employer's motion to compel testimony regarding communications between an employee and his union representative. The court refused to find that such communications are privileged under state law. American Airlines v. Superior Court.

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