Insights

JUNE 1998: U.S. SUPREME COURT ANNOUNCES A NEW AFFIRMATIVE DEFENSE TO CLAIMS OF HOSTILE ENVIRONMENT SEXUAL HARASSMENT Many employers are already familiar with the pair of sexual harassment decisions announced by the U.S....

Attorneys for discrimination plaintiffs often perceive a tactical advantage in naming as defendants not only the corporate employer but individual managers or supervisors as well. For example, naming individuals as defendants...

The California Labor Code gives the Labor Commissioner the authority to enforce a number of provisions of state labor and employment law, primarily involving wage and hour questions. Effective January 1, 2000, the Labor Code...

Many employers, seeking to avoid the risks and expense inherent in jury trials of wrongful discharge and discrimination claims, require their employees to enter into agreements under which all employment-related disputes are...

In conducting reductions in force, employers commonly select for termination employees whose salaries appear to be disproportionately higher than those of similarly-situated co-workers. A 1997 California court of appeal...

Effective January 1, 2000, California has restored its daily overtime requirements to their pre-1998 status. Prior to 1998, California law required employers in most industries were required to pay employees at a rate of time...

In a pair of decisions announced on June 22, 1999, the U.S. Supreme Court ruled that, in determining whether an individual is “disabled” under the Americans With Disabilities Act (the “ADA”), the...

By decision dated June 22, 1999, the U.S. Supreme Court has clarified the legal standard a plaintiff must meet to be eligible for an award of punitive damages in a Title VII discrimination case. Kolstad v. American Dental...

On June 18, 1999, the Equal Employment Opportunity Commission (“EEOC”) issued guidance setting forth standards of liability for employers for unlawful harassment by supervisors under Title VII of the Civil Rights...

In a pair of decisions announced on June 22, 1999, the U.S. Supreme Court ruled that, in determining whether an individual is “disabled” under the Americans With Disabilities Act (the “ADA”), the...