Employment Law Blog

U.S. District Court, District of Hawaii District Court dismissed EEOC’s sexual harassment, constructive discharge and retaliation claims on behalf five former male employees, with leave to amend.  Events associated with first two former employees’ claims occurred more than 300 days before charging party filed his charge with the EEOC.  The first employee suffered no adverse...

U.S. Ninth Circuit Court of Appeals Substantial evidence supported finding employer violated 29 U.S.C. § 158(a)(1) and (3) by firing an employee for his union activity.  Deviations from internal practice, disparate treatment and after the fact justification showed its reasons were pretextual.  Employer could not retroactively strip employee of NLRA protection by making him a...

District Court improperly granted summary judgment against claim plan administrator misrepresented lifetime benefit maximum.  Although ERISA (as amended by Affordable Care Act) did not ban lifetime benefit maximums retiree-only plans, the Summary Plan Description, as amended by the 2010 Summary of Modifications, violated ERISA disclosure requirements.  Whether the Summary of Modifications violated ERISA disclosure requirements...

U.S. Ninth Circuit Court of Appeals District Court properly certified class of armed guards, and did not abuse discretion by concluding that nearly identical misrepresentations about the anticipated work schedule and common question of contract interpretation whether a 72-hour workweek was customary made common issues predominate.  Risinger v. SOC LLC, 2017 U.S. App. LEXIS 16907...

U.S. Ninth Circuit Court of Appeals District Court properly concluded federal law (National Labor Relations Act, Railway Labor Act and Airline Deregulation Act) did not preempt city from requiring airport service providers to enter labor peace agreement with any employer organization that requested one.  District Court improperly denied leave to amend complaint because service providers...

Ninth Circuit Court of Appeals District Court properly granted summary judgment against discriminatory failure to promote claim.  Supervisor alleged saying employee interfered with promotion process did not undermine employer’s legitimate non-discriminatory reasons employee did not receive promotion- concerns about his skills and the quality of his interview - were pretexts for discrimination.  Disciplinary action plan...

U.S. Ninth Circuit Court of Appeals Hiring and expecting human resource director to ensure it complies with law against continuing to employ unauthorized alien or failing to properly complete, retain or produce I-9’s did  not entitle employer to good faith defense against violating the requirements.  Five-year limitation period for continued employment violation ran from last...

U.S. Ninth Circuit Court of Appeals District Court property granted summary judgment against ADA discrimination claim.  Former medical resident neither qualified nor satisfactorily performed; he left the hospital while on call without giving the pager to a colleague and was involved in a ‘red flag’ incident.  Record showed medical center terminated resident because he violated...

U.S. Ninth Circuit Court of Appeals District Court properly granted summary judgment against crewmember’s claim of alleged harassment and termination by captain after romantic relationship ended.  Her claim did not involve “savage and vicious physical attack” needed to state Jones Act “unseaworthiness” claim and California courts did not apply law against harassment, discrimination and retaliation...

U.S. Ninth Circuit Court of Appeals District Court properly granted summary judgment against sex discrimination and retaliation claims because former employee failed to raise genuine dispute of material fact whether employer’s legitimate nondiscriminatory reason for adverse action was pretextual. District Court properly granted summary judgment against hostile work environment claim because former employee failed to...