Privacy, Business and Law

In a case of first impression, the Ninth Circuit held that front pay in excess of Title VII’s cap can be awarded since it is an equitable remedy rather than merely compensatory damages. Gotthardt v. National Railroad Passenger Corporation, 191 F. 3d 1148 (9th Cir. 1999). In so holding, the Ninth Circuit joined the Eight, [...]

In a May 22, 2000 decision, the United States Supreme Court declined to review a controversial California Supreme Court ruling set down in Avis v. Rent A Car System, Inc. v. Aguilar, 21 Cal. 4th 121 (1999).

The Tenth Circuit has affirmed a case where the measure of damages included the appreciation of stock, after the employee was forced to prematurely exercise stock options. Greene v. Safeway Stores, Inc. , Nos. 99-1215, 99-1228, 2000 WL 504738, at *1 (10th Cir. Apr 28, 2000).

A former clerk, Vanessa Bailey, with the United States Postal Service brought an action against the Postmaster General, alleging sex, race, and disability discrimination in violation of Title VII and the Rehabilitation Act. Bailey v. Henderson, No. Civ-A. 98-02224 (HKK) WL 488466 at *1 (D.D.C. Apr. 20, 2000).

The Ninth Circuit, in resolving a case of first impression, stated that employers are not entitled to invoke the direct threat defense under the ADA if employees pose a direct threat to their own health or safety but not to the health or safety of others in the workplace. Echazabal v. Chevron USA, Inc. (9th [...]

On April 10, 2000, the Massachusetts Commission Against Discrimination (MCAD) issued guidelines to provide guidance to practitioners, employers, individuals and MCAD staff about how to interpret, apply and enforce the Massachusetts Maternity Leave Act (MMLA). The following are some of the key points contained in the new interpretative guidelines recently issued by MCAD:

Patricia Brooks, a 911 telephone dispatcher, was working the evening shift with her coworker Steven Selvaggio. During the evening, Selvaggio approached Brooks, placed his hand on her stomach, and commented about its softness and sexiness. Brooks told him to stop touching her and forcefully pushed him away.

The Supreme Court of the United States unanimously held that an employee can win a discrimination suit without proving intent or introducing direct evidence of discrimination. Reeves v. Sanderson Plumbing Products, Inc., 120 S. Ct. 2097 (2000).

Both the federal law and California law provide exemptions from overtime wage requirements for executive, administrative, and professional employees, provided established criteria are met. Except for computer professionals, federal law requires exempt employees to be compensated on a salaried basis.

The California Supreme Court recently decided a case that has major implications for employers facing an unfair business practice claim brought under section 17200 of the California Business and Professions Code.Cortez v. Purolator Air Filtration Prods. Co., 23 Cal. 4th 163 (2000). Rosalba Cortez, alleged that Purolator had engaged in unlawful business practices by failing [...]