Case Digests, Human Resources Law Index articles from March 2000

Case Digests, Human Resources Law Index archives from March 2000

Vassar College Wins Case in Race And Sex-Based Workplace Discrimination Suit By Black Female Faculty Member Denied Promotion To Full Professor.
March 1, 2000... Dr. Joyce Bickerstaff was an African-American female and a tenured associate professor at Vassar College since 1978. She taught both in the Department of Education and in the African Studies Program. Dr. Bickerstaff twice applied for promotion...

Manager Who Suffered Retaliation For Reporting Sexual Harassment Of Female Employees By Branch Manager, Awarded Over $1 Million In Damages And Fees.
March 1, 2000... Eugene Reginelli was a manager for Motion Industries, Inc. He had worked for the company for 15 years, from the time he finished high school, and had slowly worked his way up to a management position. Tina Bateman, a female employee...

' California Court Finds Employee's Failure To Initially Define Injury As "Continuing Trauma Injury" Valid.
March 1, 2000... Kenneth Beckstead worked for Performance Automotive Group as a sales associate since 1981. His job required him to answer phones and record information in handwriting and via computer. In August 1994, Beckstead began experiencing wrist pain...

U.S.Air Wins ADA Case Where Customer Service Agent With Back Injury Failed To Prove Requests For Accommodation Were Reasonable.
March 1, 2000... Robert Barnett worked as a customer service agent for U.S. Air, Inc. for 10 years at various locations (e.g., gate, ticket counter, cargo, mailroom). U.S. Air had a seniority system which was used to award job assignments and shifts. In 1990,...

Eleventh Circuit Court Of Appeals Rules Title II Of ADA, Covering "Public Entities," Prohibits Employment Discrimination.
March 1, 2000... Mark Bledsoe was employed by the Palm Beach County Soil and Water Conservation District (District) as a "resource technician," a job that required him to spend much of his time in the field, walking, surveying and performing manual labor. In...

ADA Disability Claim Not Valid Where Employee Failed To Show That Employer Knew Of HIV Status.
March 1, 2000... Thomas J. Fisher worked for a subsidiary of Trinova Corporation for many years. From 1989 to 1993, Fisher worked as Manager of Training and Education in Los Angeles. In 1991, Fisher was diagnosed with a skin condition that produced skin...

Social Security Disability Benefits Do Not Necessarily Bar ADA Disability Claim Says Court.
March 1, 2000... Clyde Griffith, a former policeman, was hired by Wal-Mart in Florence, Kentucky, in 1990. In his application, Griffith indicated he had injured his back in 1984 and had undergone back surgery in 1985 and 1986, and that he ultimately resigned...

U.S. Supreme Court Upholds NLRB's "Reasonable Doubt" Test For Employer Polls Of Employee Support For Union.
March 1, 2000... Employees at a branch of Mack Trucks, Inc., located in Allentown, Pennsylvania, were represented by the International Association of Machinists and Aerospace Workers, AFL-CIO. In 1990, Mack sold the branch to Allentown Mack Sales, Inc., a...

Company That "Leased" Assets Was A "Successor" Under Federal Labor Law Rules D.C. Appeals Court.
March 1, 2000... Harter, Inc. was a company in Yuba City, California, that processed tomato paste, prunes, canned tomatoes and canned peaches, and employed about 1200 workers. Harter was part of a multiemployer association that entered into a collective...

Court Upholds NLRB Decision Where Company Interrogated Employees About Union, Attempted Surveillance Of Union Meetings, And Closed Department To Avoid Unionization.
March 1, 2000... The company, Joy Recovery Technology Corporation (Joy), reclaimed and recycled scrap wire and other materials for its only customer, Ameritech. Joy's transportation department transported the scrap using its own employees and equipment. In...

Pension Fund That Failed To Meet ERISA Requirements For Tax Exemption May Not Qualify To Be Exempted As "Labor Organization" Rules Court.
March 1, 2000... A group of employers called the Plumbing, Pipe Fitting and Heating Contractors Association entered into a collective bargaining agreement (CBA) with the local plumbers union in 1959 and 1983. The CBA provided for the creation of a defined...

Employer Contributions To ERISA Health and Pension Plan Required For Part-time Employees Under Fund Documents, Despite Contrary Language In Collective Bargaining Agreement.
March 1, 2000... In order to provide its employees with pension benefits for its employees and health benefits for its retirees, the New Bakery Company of Ohio participated for several years in the Bakery and Confectionery Union and Industry International...

Request For An Injunction To Enforce A Non-compete Agreement Denied By U.S. District Court.
March 1, 2000... Mark Lebeck was employed by the Carboline Company, a manufacturer of high performance protective coatings, in 1990. Lebeck signed an employment agreement requiring him not to disclose confidential information during or after his employment; the...

American Airlines Wins Disability Lawsuit Filed by Flight Attendant Prevented From Working Due To Neck Injury.
March 1, 2000... Rebecca Sherrod worked as a flight attendant for American Airlines for 20 years. In 1985, she injured her neck while working, had surgery, and then re-injured her neck in 1987 after she returned to work. The second injury required surgery to...

Refusal Of Leave To Go On Pilgrimage Not Religious Discrimination Rules Court.
March 1, 2000... Mary Tiano, a Roman Catholic, worked as a shoe salesperson at Dillard's Department Store in Phoenix, Arizona. The store had a policy which prevented employees from taking vacation leave during the busy holiday season, between October and...

No ADA Disability Discrimination Where Company Fired Employee Who Was Unable To Provide Urine Sample In Drug Test Due To Bladder Condition.
March 1, 2000... Dan Buckley worked for Con Edison since 1976. Con Edison subjects its employees to random drug testing once every five years.For employees identified as alcohol/drug abusers, however, Con Edison requires drug testing once every 25 days. In...

American Airlines' Employees Did Not Ratify Release Of Age Discrimination Claims By Accepting Early Retirement Benefits Finds Court.
March 1, 2000... In 1994, as part of a workforce reduction, American Airlines offered reservation, ticket and cargo agents in Puerto Rico the chance to participate in the company's early retirement program (VERP). To be eligible for VERP, employees were...

U.S. Supreme Court Rules Release Of Age Discrimination Claim Defective Under OWBPA.
March 1, 2000... Dolores Oubre worked as a scheduler for Entergy Operations, Inc. at a power plant in Killona, Louisiana. In 1994, she was given a poor performance rating, and on January 17, 1995, she was given the option by her supervisor of either improving...

Employee's Accommodation Request For Stress-Free Workplace Ruled Unreasonable By Court.
March 1, 2000... Since 1981, Dennis Gaul worked for AT&T, first as a technical associate and later as a senior technical associate. In 1984, he was diagnosed with depression and anxiety-related disorders. He controlled this disorder with medication for...

Blind Pennsylvania Staff Attorney Allowed To Proceed With Disability Lawsuit Against State For Failure To Provide Reasonable Accommodation And Retaliation.
March 1, 2000... Thomas Saylor, who is completely blind in his left eye and legally blind in his right eye, has been employed as a staff attorney for the Commonwealth of Pennsylvania since 1988. He claims he has been able to perform all the essential functions...

Bus Driver Who Suffered Heart Attack Can Pursue ADA Disability Claim Says Penn District Court.
March 1, 2000... William Latch was hired by the Southeastern Pennsylvania Transportation Authority (SEPTA) in 1981 as a bus driver. In 1992, Latch suffered a heart attack. Following a period of recovery, Latch's doctor certified that he was able to return to...

Court Rules Medication Cannot Determine "Disability" Issue.
March 1, 2000... Joseph Matczak, an epileptic who had controlled his epilepsy with medication for 30 years, was hired by the Frankford Candy and Chocolate Company in 1993 as a building maintenance supervisor, which required him to supervise two mechanics. A...

Court Dismisses Waitress' Title VII Sexual Harassment And Retaliation Claim Because She Claimed Only One Incident Of Harassment And Employer Took Prompt Remedial Action.
March 1, 2000... Kaffie Jackson was a waitress at the Washington Hilton Hotel who was supervised by Charles Ragusa, the Banquet Captain. In 1992, Jackson claims Ragusa pulled open her blouse to expose her breasts, and later attempted to lure her into his...

Discharged Worker With Back Injury Claiming "Total Disability" For Social Security Disability Benefits Can Also File ADA Disability.
March 1, 2000... Robert McCreary, an employee in the soldering department at a glass fabrication plant in Shelbyville, Indiana, where he worked on the production line, and also performed duties on taping tables, and table stations. In 1993, he injured his knee...

Age Discrimination Claim By 61-Year-Old Grandmother Against "The Gap" Sent To Trial By New York District Court.
March 1, 2000... Ann Hertz, a 61-year-old grandmother who often shopped for her grandchildren at GapKids, submitted an application for a sales or office position to a GapKids store in Bayside, New York. On the application, Hertz indicated that she was available...

Disabilities Under ADA Must Be Assessed On Case-By-Case Basis Without Regard To Medication Or Mitigation Measures Rules Court.
March 1, 2000... Kelvin Washington worked as an accountant for HCA Health Services of Texas, Inc., a medical center. He suffers from Adult Stills Disease, a degenerative rheumatoid condition that affects the bones and joints, and Membranous Glomerulonephritis,...

No ADA Violation Found Where Employer Properly Participated In Interactive Process To Accommodate Employee With Degenerative Hip Condition.
March 1, 2000... Marvin Ross worked for a labor organization, the Indiana State Teacher's Association (ISTA), as a UniServ Director. His job duties included providing advice to teachers with respect to labor matters, and required him to visit various schools...

California Court Upholds Employee's Claim Of Constructive Discharge And Discrimination Based On Sexual Orientation.
March 1, 2000... Daniel Kovatch began working for the California Casualty Management Company (CCMC) in 1989. As part of his application, Kovatch signed a statement agreeing that his employment was at the option of the company. A similar statement was contained...

Wisconsin District Court Finds Health Plan Administrator's Denial Of Medical Benefits Arbitrary And Capricious.
March 1, 2000... In 1989, Dean Schneider collapsed in his dormitory at Winona State University in Minnesota, as a result of a malfunction of blood vessels in his brain. Surgeons at the Mayo Clinic removed part of Schneider's brain, leaving him with an inability...

Court Upholds Dismissal of Terminated Employee's Family and Medical Leave Act (FMLA) Lawsuit.
March 1, 2000... Alfredo Diaz, an employee of Fort Wayne Foundry Corporation, took a month's leave under the FMLA after his doctor certified he had bronchitis. Diaz did not return to work as scheduled on April 30, 1995, but instead called the following day to...

Tenth Circuit Court Of Appeals Rules That A Market Analyst Job Is Not " Substantially Similar" To An Assistant Product Manager Job.
March 1, 2000... Shelley Sprague was hired by Thorn Americas, Inc. as a secretary in 1989. Later, she was given the title of "Market Analyst" and about June 1992 she was assigned to work in the jewelry department under the supervision of Ed Kowalski. Her...

Lockheed Subsidiaries Win In Ohio Whistleblower Claim Brought By Discharged Employee Who Discovered And Reported Safety Problems To DOE and OSHA.
March 1, 2000... Kenneth Brooks worked for MMUS and MMES, both subsidiaries of Lockheed Martin Corporation. Brooks was hired first by MMES in 1990 at its Ohio plant, where he progressed to the position of facility safety manager at the plant's Safety and...

Federal Court In Pennsylvania Dismisses Negligent Supervision Claim By Terminated Employee Where Wrongdoer Was Supervisor Acting Within Scope Of Employment.
March 1, 2000... Barbara Cline, a licensed practical nurse, worked as a Unit Manager for the Bala Nursing and Retirement Center in Pennsylvania. As Unit Manager, Cline competently managed a 60- bed nursing unit and supervised 6 nurses. In 1995, a male...

Lockheed Employee's Claim That He Was Wrongfully Terminated For Reporting Possible Illegality To Higher Management Dismissed.
March 1, 2000... James Mayfield worked for Lockheed in a job that required him to oversee the preparation of financial reports known as "533 reports," which are required under Lockheed's contract with NASA. Ben Carroll, another Lockheed employee, told Mayfield...

Terminated General Electric Fabricator Allowed To Sue Based On Dispute Over Wording In Employee Handbbook.
March 1, 2000... Roy Todd Jones began working for the General Electric Company (GE) as a fabricator in 1991. Shortly after he was hired, Jones attended an orientation meeting where employees were given an employee handbook, and where a company spokesman...

Bank Employee Fired For Unsubstantiated Worker's Compensation Claim.
March 1, 2000... Tammy Menard worked for People's Bank in Connecticut. In 1997, she sustained a work-related injury, and filed a claim for worker's compensation. The Bank terminated Menard, believing that her claim was unsubstantiated. Menard claimed that...

Probation Officers Unsuccessful In Proving Violation Of Texas Whistleblower Act Since Violation Not Committed By their Employer.
March 1, 2000... John Denton and Paula Savage were employed as probation officers for the Juvenile Probation Boards of three counties in Texas. In 1991, they were assigned to the case of a juvenile who had recently been released from a detention center which...

UPS Employee Who Complained About Possible Future Legal Problems Due To Pricing Practices Could Not Show Violation Of New Jersey Whistleblower Law.
March 1, 2000... Benjamin Blackburn was hired by the United Parcel Service (UPS) in 1986 and by 1992 was charged with responsibility for pricing UPS products and services. Blackburn's duties involved a specific project, known as the Incentive Administration...

Discharged Neurologist Unsuccessful In Proving Medical College Of Pennsylvania Violated Pennsylvania Whistlebower Law.
March 1, 2000... Silvana Riggio, M.D., is a neurologist who worked as an instructor at the Medical College of Pennsylvania (MCP). In 1990 and 1991, she also was the Surgical Director for MCP's epilepsy center (MAREC). During this time, several MAREC patients...

Discharged City Housing Authority Executive Director Unsuccessful In Proving Violation Of Texas Whistleblower Act.
March 1, 2000... Diana Palacios was the executive director of the Housing Authority of the City of Crystal City, Texas since 1988. In 1993, one of the board members, Commissioner Barajas, began asking Palacios how much money each family that participated in...

Federal Whistleblower Statute Does Not Protect Nuclear Power Plant Employee Angered About Isolated Contamination Incident.
March 1, 2000... Gregory Sprague was hired on March 11, 1992, as a tool accountability technician by American Nuclear Resources, Inc. (ANR), a contractor at a nuclear power plant in Michigan. Sprague quickly developed interpersonal problems with coworkers and...

Federal Bank Examiner Wins $723,533 In Damages Under Federal Whistleblower Statute.
March 1, 2000... Michael Haley worked as a bank examiner for the Office of Thrift Supervision (OTS), beginning his employment in 1977. His job required him to inspect OTS-regulated banks to evaluate the soundness of their operations. In 1981, he was...

Federal Express Truck Driver's Claim Of Sexual Harassment Allowed To Go To Trial.
March 1, 2000... Lorraine Metz was hired as a courier by Federal Express Corporation in 1986. She eventually was promoted to a tractor- trailer driver position, and was later transferred to the company's Allentown, Pennsylvania, facility as a "floater" -- i.e.,...

KMart Ruled Not Guilty Of Sexual Harassment.
March 1, 2000... Carolyn Steppe was a part-time teenage employee of a KMart store in Ohio. In April, 1995, Carolyn went into a stockroom to get an item for a customer and was sexually harassed by James Workman, a teenaged stockboy. Workman hugged and kissed...

Supervisor Fired For Sexual Harassing Secretary Unable To Prove Breach of Contract By Former Employer.
March 1, 2000... John Vice worked as the Director of Right-of-Way for Conoco, Inc. in Oklahoma. In 1990, Elizabeth Spreitzer became his secretary. In December, 1991, Vice and Spreitzer attended a pre-wedding party for a coworker. Vice admits that he kissed...

School Board Members Denied Immunity From Liability From Whistleblower and Section 1983 Claims.
March 1, 2000... Carlos Samuel worked as an internal auditor for the Orleans Parish School District. He discovered various accounting irregularities, leading him to conclude the district overcharged the federal government. Samuel prepared an audit report which...

Employer Violates State Whistleblower.
March 1, 2000... L. Cletus Kijek was employed as a production worker at a production plant in Exeter, New Hampshire, owned by Osram Sylvania, Inc. On numerous occasions, Kijek complained to his supervisor that temperatures where he worked were excessive and...

No Waiver of ADA Disability Discrimination Claim Where Acknowledgment Form Signed By Employee Did Not Explicitly Reference Arbitration Agreement.
March 1, 2000... William Kummetz was hired by Tech Mold to work as a mold-maker in its prototype department. After about 1 week, the company issued Kummetz an Employment Information Booklet and asked him to sign an Acknowledgment declaring: "I understand and...

Texas Supreme Court Dismisses Whistleblower Claim By Nurse Fired For Reporting Co-Worker's Illegal Distribution Of Prescription Medications.
March 1, 2000... Lynda Gail Austin worked as an emergency room nurse for Gulf Coast Medical Hospital for about 15 years. In 1992, she learned that another nurse, Clay Adam, appeared to be under the influence of drugs and was distributing prescription...

U.S. Supreme Court Rules Employer Liable For Supervisor's Sexual Harassment And Sets Guidelines For Liability Prevention.
March 1, 2000... Beth Ann Faragher worked part time and summers as an ocean lifeguard for the Marine Safety Section of the Parks and Recreation Department of the City of Boca Raton between 1985 and 1990.During that period of time her supervisors were Bill...

Grocery Store Takes Prompt Remedial Action After Receiving Sexual Harassment Complaint And Wins Case.
March 1, 2000... Carolyn Watts worked for the Kroger Company, a grocery store in Mississippi. She began working part-time in the flower shop, and later moved to the produce department. In 1994, Watts began working full-time. Her supervisors were John Moore,...

Appeals Court Rules Continental Bank Not Guilty Of Sexual Harassment.
March 1, 2000... Gloria Caudillo worked for the Continental Bank as a word processor since 1980. In 1991, she was promoted to the position of desktop operator in the Graphic Services department, where she was required to interact with employees in Publishing...

Sexual Harassment Standards the Same For Blue Collar Workers, Rules Sixth Circuit Court Of Appeals in General Motors Case.
March 1, 2000... Marilyn Williams was employed by General Motors for more than 30 years. In 1994, she worked in the tool crib, a warehouse used to store materials used in the plant. In 1995, she was transferred to the midnight shift, to fill a vacancy caused...

Derogatory Comments And Refusal To Co-operate Can Be Sexual Harassment Rules Court.
March 1, 2000... Maurine O'Shea worked for Yellow Technology Services, Inc. as a computer programmer since 1991. In 1994, she was assigned to work with a team of systems programmers working on UNIX operating systems. Vicky Lynn Logan, the UNIX team leader,...

$1 Enough In Compensation For Sexual Harassment Rules Court.
March 1, 2000... Kristen Dhyne was hired in mid-March, 1996, as a checker at Meiners Thriftway, a family-owned grocery store in Kansas City, Missouri. Dhyne claimed that beginning during her first week of work, she was sexually harassed by Rodney Davis, an...

Federal Court Of Appeals Upholds Jury Awards Of Punitive Damages For FLSA Overtime Violation And for Sexual Harassment.
March 1, 2000... Joy Shea was hired in June, 1992, as a receptionist at Galaxie Lumber & Construction Company in Illinois. Donna Ruzecki, the company's office manager, instructed Shea that her hours were from 8:30 A.M. to 4:30 P.M. Monday through Friday, and...

Employer Held Liable For Actions Of Supervisors Even Where Employer Remedied The Harassment.
March 1, 2000... Rosalie Gunnell worked as a secretary for Utah Valley State College in its Plant Operations Department. Her supervisor there was Robert Clark, although she also did work for the Chief of Campus Police, Robert Greenleaf. In 1993, Gunnell...

Denny's Restaurant Wins Case Of Supervisor Sexual Harassment And Assault.
March 1, 2000... Charlyn Duran began working in 1994 as a server at a Denny's restaurant located on Federal Boulevard in Denver, Colorado. In January, 1996, she transferred to the Denny's restaurant on Park Avenue West in Denver. Sunny Smith also worked at...

Judgment For Taco Bell In Sexual Harassment/Hostile Work Environment Claim Overturned By U.S.Court Of Appeals.
March 1, 2000... Rita Phillips was hired by Taco Bell as a cashier in 1994. Her immediate supervisor was Duane Sonntag, who she claims began harassing her in 1995. Phillips says that Sonntag inappropriately touched her or caused her to touch him on 5 different...

U.S. Supreme Court Defines Employer Liability For Hostile Work Environment Caused By Sexual Harassment By Supervisors.
March 1, 2000... Kimberly Ellerth worked as a salesperson for Burlington Industries in Chicago, Illinois, from March 1993 until May 1994. Ellerth reported to an immediate supervisor, and that person reported to Ted Slowik, a vice president. Slowik had...

Employee With HIV And Depression Allowed To Pursue "Hostile Work Environment" Claim Of ADA Disability Discrimination Against McGraw-Hill.
March 1, 2000... Robert Disanto worked as a Field Sales Representative for McGraw- Hill in a division which sells statistical information and technological services to companies in petroleum and related industries. Disanto was diagnosed with HIV in 1988 or...

Employee's Off-Duty Conduct Private And Not Sufficient To Constitute "Misconduct".
March 1, 2000... Tamela Miller, who was pregnant, worked for Kansas City Station Corporation as a room service manager. On December 27, 1997, she experienced bleeding from her pregnancy. Because the bleeding continued, she saw her doctor on December 30, on...

Employer Sued For Improperly Administering A Lie Detector Test.
March 1, 2000... Darryl Veazey worked for LaSalle Telecommunications, Inc. as an outage coordinator/dispatcher. In 1996, the company suspected Veazey had left a hostile and threatening voicemail message for another employee. As a result, company managers met...

Sexual Harassment Also Considered As Invasion Of Privacy By Texas Court.
March 1, 2000... Norma Aguinaga was hired by Sanmina Corporation in 1995. She claims that throughout her employment there, she was subjected to sexual harassment and derogatory remarks by her supervisor, Michael Landy. Landy forced Aguinaga to engage in sexual...

No Fraud Proven In Reference Letter Where Former Employer Failed To Disclose Disciplinary Measures Taken Against Former Employee.
March 1, 2000... In 1993, Thomas Farrell sought a job as a commodities futures trader with a German company known as FESAG. FESAG hired Farrell on the express condition that he provide a letter of reference from his prior employer, Patrick H. Arbor (Arbor),...

$700,00 Punitive Damages Award Overturned Against Company In Job Reference Defamation Case.
March 1, 2000... Francisco Valentin, a Puerto Rican native, moved to New York City in 1987 and began working as a stock room clerk at Le Marc's Fifth Avenue Cards, a Hallmark card store. In May, 1988, employees of the store were given polygraph examinations to...

Federal Court In Massachusetts Upholds Portions Of Non- Compete Agreement Preventing Use Of Customer Database.
March 1, 2000... William Shupe, a California resident, was employed as a salesman for Roll Systems, Inc., a company which manufactures paper handling equipment in the western United States. Shortly after he was hired in 1993, Shupe signed an "Employee...

EEOC Loses Age Discrimination Suit Because School Bus Drivers Held As Independent Contractors And Not Covered "Employees" Under ADEA.
March 1, 2000... The North Knox School District, located in Indiana, is a "school corporation" under state law which is given the power to transport school children. State law, however, also regulates heavily the manner in which schools may provide such...

Negative Letter By Chair Of Medical Association Committee About Doctor Not Considered Invasion Of Privacy.
March 1, 2000... Anne Podgurski, M.D., graduated from medical school in June, 1992. She immediately began a 3-year residency in the University of Connecticut Health Center's Internal Medicine Residency Program in Hartford, Connecticut. Richard Garibaldi was the...

California Employee Still Considered a "Job Applicant" Where Drug Test Postponed Until After Start Of Work.
March 1, 2000... John Visbal was hired conditionally by Pilkington Barnes Hind (PBH), a manufacturer of contact lenses, on May 23, 1995, to work in San Diego, California. PBH's job offer was conditioned on Visbal passing a drug test. Visbal, who was...

California Supreme Court Rules Reasonable Workplace Privacy Expectations Might Not Include Secret Videotaping By Journalist Posing As Coworker.
March 1, 2000... Mark Sanders worked for the Psychic Marketing Group (PMG) as a "telepsychic," giving readings to customers who telephoned the company's 900 number. In 1992, Stacy Lescht, a journalist for American Broadcasting Companies (ABC), as part of an...

Pennsylvania Federal Court Enforces Non-Compete Agreement In Advertising Industry.
March 1, 2000... Roni Wright worked in the advertising specialty and promotional product industry for 13 years. This industry is comprised of two principal companies, Impact Group and Advertising Specialty Institute (ASI). Wright first worked for Impact for...

Wisconsin Court Upholds Jury Verdict Enforcing Non-Compete Agreement Against Former Vice President.
March 1, 2000... Gary Johnson, a vice-president of Medrehab of Wisconsin, Inc., appealed a jury verdict in favor of Medrehab, finding that Johnson breached a noncompetition agreement and his fiduciary duty to the company, and that he was liable for conspiracy...

Insurer Of ERISA Employee Benefits Plan May Not Deny Disability Benefits Based On Untimely Claim Unless It Shows Actual Prejudice Rules Court.
March 1, 2000... In 1983, UNUM Life Insurance Company of America (UNUM) issued a policy to Management Analysis Company (MAC) for an employee benefits plan under ERISA, to provide group long term disability benefits to MAC's employees. MAC was designated as...

Failure to Provide Plan Information to Participant Ruled Improper.
March 1, 2000... Robert Sedlack, an employee of Braswell Group, was injured in a slip and fall on a set of stairs on a ship where he was working on April 16, 1991. Sedlack filed for workers' compensation benefits under the Longshore and Harbor Worker's...

Evidence Insufficient To Show Pregnancy Discrimination In Light Of Performance Problems, Rules Fourth Circuit Court Of Appeals.
March 1, 2000... Regina DeJarnette was initially hired in 1992 by Corning Inc. to inspect and package glassware it its Danville, Virginia plant. In November, 1992, Kathy Schrock, a personnel assistant for the company, offered DeJarnette a job as an...

Court Allows Title VII and Privacy Rights Case Against University of California.
March 1, 2000... Marya Norman-Bloodsaw and other plaintiffs were current and former administrative and clerical employees of the Lawrence Berkeley Laboratory, a research facility run by the University of California under a contract with the U.S. Department of...

Prevailing Party In FEHA Workplace Discrimination Suit Not Entitled To Recover Fees Of Expert Not Ordered By The Court.
March 1, 2000... Steve Davis was a reporter for KGO-T.V., Inc. for 20 years. After he was fired at age 53, he sued his employer for age discrimination under FEHA, California's state anti- discrimination statute. The jury found discrimination and awarded Davis...

Failing To Request EEO Counseling Within 45 Days of Termination Bars Lawsuit by Postal Employee, Rules District Court.
March 1, 2000... Tamara McSwain worked for the U.S. Postal Service in Bedford Park, Illinois. On November 22, 1994, she received a notice of termination which documented her inability to maintain a regular work schedule in September, October, and November of...

Court Rules No Violation Of ERISA Where Early Retirement Plan Was Amended After Participant Retired.
March 1, 2000... The Maritime Association operates a multiemployer pension plan under ERISA providing employee benefits (retirement benefits) to employees in the longshoring industry from Texas to Louisiana. Daniel Spacek worked for 30 years in the Houston...

U.S. District Court Grants Injunction To Prevent Navy From Discharging Gay Service Member.
March 1, 2000... Timothy McVeigh is a highly-decorated 17-year veteran of the United States Navy. He has served in the Navy since he was 19 years old, and he is the senior-most enlisted man aboard the U.S. nuclear submarine, U.S.S. Chicago. In September,...

Loss Of Income Does Not Constitute Irreparable Injury Finds U.S. District Court.(Title VII )
March 1, 2000... John Greene was a police officer who worked for the United States Mint in Philadelphia, Pennsylvania. While he was still employed by the Mint, he filed a lawsuit in federal district court against certain individual defendants, claiming...

$4.8 Million Punitive Damages Award Reduced To $480,000 By Court In Race Based Workplace Discrimination Case.
March 1, 2000... Dewey Helms, an African American male, was employed in 1990 as the "employment manager" by the HBE Corporation, d/b/a the Adams Mark Hotel, which was located in St. Louis, Missouri. Bruce Ey was the director of personnel for the hotel since...

Dismissal Of Chrysler Employee With Sleep Disorder After Request For Accommodation No ADA Violation Where Reason For Firing Was That Employee Lied On Job Application Forms.
March 1, 2000... James Smith was diagnosed in 1989 with an unspecified sleep disorder believed to be a variant of narcolepsy, which caused him to drive off the shoulder of the road while driving. Smith sought treatment at a sleep disorder clinic, and was...