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The U.S. Supreme Court has declined to review two recent rulings from the Ninth Circuit Court of Appeal regarding mandatory arbitration agreements used by Circuit City Stores Inc. And here in California yet another new arbitration ruling has recently been issued.
We reported in September on a federal appeal court ruling that Xerox Corp.’s pension plan improperly calculated lump-sum distributions from cash balance retirement accounts, resulting in lower benefits for certain employees who left the company between 1990 and 1999. Now Xerox has agreed to pay $239 million to settle the lawsuit, ending speculation over whether […]
By agreeing to review the case of Pennsylvania State Police v. Nancy Drew Suders, the Supreme Court will now determine whether employers will face the same liability in these situations as they do for supervisor harassment. We’ll keep an eye on the court and give you a thorough analysis of its decision when it becomes […]
Those cases include General Dynamics Land Systems Inc. v. Cline, where the high court will consider whether the federal age-bias law permits employees over age 40 to sue because other workers also over age 40 were treated more favorably based on age. In Raytheon Co. v. Hernandez, the justices will decide whether the Americans with […]
In July 2002, we reported on a U.S. Supreme Court ruling that an employer can defend against a disability discrimination claim by showing the individual poses a direct threat-that is, a significant risk to the health and safety of the individual or others that can’t be eliminated by reasonable accommodation. Now, in a new development […]
Caesars Palace in Las Vegas employed Catharina Costa as a warehouse worker and heavy-equipment operator. She was the only woman in this job and in her local Team- sters bargaining unit. Eventually, Costa was fired after an altercation with a male co-worker.When Costa sued for sex discrimination, Caesars contended her termination stemmed from Costa’s lengthy […]
When an arbitration agreement is silent about whether class actions are permitted, it is up to an arbitrator to interpret the agreement to decide whether a claim can go forward as a class action, according to a new U.S. Supreme Court ruling.Although the mandatory arbitration agreement in this case involved a home loan, the high […]
Regardless of whether your workplace has a formal diversity policy, it’s often hard to determine how and when race can be used as a criterion for hiring decisions. Two major new U.S. Supreme Court decisions offer some guidance. Although the cases deal with university admissions rather than workplace hiring, the court set out standards for […]
Last year, the U.S. Supreme Court ruled an employee could sue for bias based only on incidents that occurred within the time period for filing a lawsuit. Now the Ninth Circuit has taken this decision one step further, declaring that employees cannot sue over employment decisions that occurred outside of the limitations period, even if […]
Could sexual orientation protections be required in your workplace? The U.S. Supreme Court’s decision in Lawrence v. Texas, which struck down a state law prohibiting sodomy, could have sweeping implications for employers. Although many protections are already available to California employees, the court’s broad language suggests that gay employees may now enjoy more protections under […]