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News Notes: Employee’s Lack of Experience Defeats Equal Pay Claim

Paula Green, who was hired by the Ontario office of Par Pools as a swimming pool construction superintendent, complained that her $400-per-week salary was lower than the salaries paid to male construction superintendents with jobs identical to hers. She sued Par Pools under the California equal pay law. But a California Court of Appeal dismissed […]

News Notes: Gay-friendly Policies Becoming More Prevalent

More large companies are implementing gay- and lesbian-friendly policies in the workplace, according to a report just released by the Human Rights Campaign. This year, 21 companies, in contrast to 11 last year, received a perfect score on the campaign’s “Corporate Equity Index,” which measures how certain Fortune 500 or Forbes 200 companies treat employees […]

Employee Travel: Protecting Employees Far from Home; A 10-Point Checklist

When business demands send employees around the world, employers face a range of unique safety concerns—political unrest, illnesses such as SARS, and even unfamiliar local customs. And as an employer, you’re expected to extend your umbrella of care as far as your employees go. Although it’s impossible to plan for all possible contingencies, here’s a […]

News Notes: No Accomodation Required for Contractor’s Employee

Bernard Lopez was an employee of Applied Technology Associates (ATA), which provided contract computer services for the Navy. Lopez sued the Navy, charging that it violated the disability accommodation requirements of the Rehabilitation Act, which is similar to the Americans with Disabilities Act, when it turned down ATA’s request for a handicap parking permit for […]

Family and Medical Leave: Supreme Court Says State Employers Can Be Sued for FMLA Violations; Little Impact in California

In recent years, several U.S. Supreme Court rulings have barred employees from suing states under a variety of federal employment statutes, including the Age Discrimination in Employment Act and the Americans with Disabilities Act. But a new high court ruling gives state workers a victory, finding they can sue their employers for violating the Family […]

News Notes: Worker’s Naps May Indicate Need For FMLA Leave

After four years of exemplary employment, John Byrne, an Avon Products Inc. engineer, began to fall asleep on the job and was fired. It turned out he was suffering from depression. He was quickly hospitalized and recovered. Byrne charged in a lawsuit his termination violated the Family and Medical Leave Act because his abrupt change […]

Reasonable Accommodation: Ninth Circuit Says Employee “Regarded As” Disabled Not Entitled to Accommodation; Practical Impact

Suppose an employee’s medical condition prevents them from performing their job. Instead of exploring whether a reasonable accommodation is available, you terminate the employee. And, not surprisingly, you wind up with a disability-bias lawsuit on your hands. But what if it turns out the employee wasn’t disabled in the first place? Can you still be […]

Americans with Disabilities Act: U.S. Supreme Court Adopts Standards for Determining When Shareholders Must Be Counted as Employees

Deborah Wells was a bookkeeper for Clackamas Gastroenterology Associates, a medical clinic and professional corporation with four physician shareholders and directors and about 12 employees. When Wells was terminated, she sued the clinic under the Americans with Disabilities Act. The clinic responded that it didn’t have enough employees to be covered by the ADA. Join […]

News Notes: Big Disability Verdict Over Physical Agility Test

A San Bernardino jury’s $1.45 million verdict for a disabled employee underscores the importance of making sure that physical agility tests actually measure the ability to perform essential job functions. Judy Tousignant was a part-time juvenile hall counselor for San Bernardino County for eight years. In a physical agility test required for promotion to a […]