Important New Employment Rulings from State High Court
The California Supreme Court has issued two new decisions of importance to employers.
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Workplace Discrimination: New Law Bans Bias Against Transgendered People; Make Sure Your Policies-and Supervisors-Are Up-to-Date
Gov. Davis has signed legislation expanding the California Fair Employment and Housing Act (FEHA) to prohibit job discrimination against transsexual and transgenderedapplicants and employees.
Big Cases Get Class Action Status
Sexual Harassment: Teenager To Get $750,000 For Roughhousing By Supervisor
A recent case illustrates that sexual harassment claims can encompass actions other than traditional sexually oriented conduct. A 15-year-old student who was hired to answer the telephone at a nonprofit agency in the San Francisco area will receive $750,000 in a confidential settlement of his claim that a supervisor harassed him through aggressive “roughhousing” and […]
Employment Benefits: Retiree Sues HP Over Product Discount Program
When you offer employee perks, it’s critical to make clear whether the program is a vested benefit or a company bonus that is subject to change or cancellation. Former Hewlett-Packard engineer Mark G. Leonard is suing the high-tech giant, claiming that it cancelled a program to provide thousands of retirees lifetime rebates on its products, […]
News Notes: Workplace Deaths Are Down, But Homicides Rose In 2000
Data just released by the U.S. Labor Department show that in 2000 the annual fatality rate for U.S. workplaces dropped 2% to 5,195, an all-time low since the agency began keeping fatality statistics nearly a decade ago. However, while workplace deaths for white and black workers declined, fatality rates increased sharply for Hispanic workers, with […]
Retirement Benefits: Many More Employers Offering 401(k) Plans Exclusively
According to an analysis by benefits consulting firm Watson Wyatt, the number of large employers that offer only defined contribution/401(k) plans—and not traditional pension plans—is way up. In 2005, 36 percent of Fortune 100 companies offered 401(k) plans only (not in combination with a traditional pension plan), up from 25 percent in 2004 and 17 […]
Non-Fed Government Plans Can Remove ERISA Promises from Reform’s Denial Notices
Non-federal governmental plans may omit language describing how participants can seek remedies under ERISA in notices to be given when the plan makes an adverse decision. Notices of adverse benefit determinations are required as part of health reform’s claims appeal and external review rules. Such plans need not include the language because ERISA remedies are […]
News Notes: Race Discrimination Claim Upheld, Damages Reduced
In 1994, we reported on the case of a black engineer and his supervisor who sued Hughes Aircraft. The engineer claimed he was denied promotions and raises because of his race. His supervisor charged that managers pressured him to fabricate negative performance reviews about the engineer, and when he refused to comply, turned him down […]
Another reform rule delayed, offering temporary relief for business
The administration doesn’t mind taking the occasional detour on its route to health reform implementation, it seems, perhaps because until the Supreme Court decides on the constitutionality of its “individual mandate” (oral arguments will be March 27), the fate of the law’s employer provisions has to be considered uncertain. Backpedaling also may be occurring with […]