HR Comply's Newsletter Abstracts: January 8, 2003
Recent Cases/New Developments in Employment Law

Customer Query Of The Week

  • One of our employees told us that he did not want to go on a business flight because he was afraid of a terrorist airplane bombing or hijacking. Do you have any suggestions about how to handle this situation?
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    Discrimination

  • A Title VII Claim Alleging That A Transfer Was Motivated By Race And National Origin Was Not Actionable Where Plaintiff Simply Had A Purely Subjective Preference For One Position Over Another (12/30/02)
    7th Cir.

  • Court Analyzes Scope Of California's Rule Excluding Evidence Of A Plaintiff's Prior Sexual Conduct In Sexual Harassment Cases (12/17/02)
    CA Ct App

  • Unincorporated Business Owned Wholly By The Choctaw Nation Was Exempted From Being An "Employer" Under Title VII (12/16/02)
    5th Cir.

  • Wal-Mart To Pay $220,000 For Rejecting Pregnant Applicant (12/23/02)
    EEOC
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    ADEA

  • Sufficient Direct Evidence That School District Failed To Renew Bus Driver's Contract Because Of His Age And Not Safety Concerns (12/31/02)
    8th Cir.

  • Ambiguous Remarks Made Almost Two Years Prior To Disciplinary Action Could Not Constitute Direct Evidence Of Age-Based Animus (12/30/02)
    1st Cir.

  • Gulfstream Aerospace To Pay $2.1 Million For Age Bias In EEOC Settlement (12/11/02)
    EEOC
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    ADA

  • In Disability Discrimination And Retaliation Case Employee Suffered An Adverse Employment Action And Provided Sufficient Evidence Of Pretext (12/16/02)
    2nd Cir.

  • Donnelley To Pay $150,000 To Paraplegic Graphics Technician For Job Bias: EEOC Consent Decree with Printing Giant Requires Anti-Discrimination Policy for Temporary Employees and Training (12/16/02)
    EEOC
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    Terms And Conditions

  • Discharge Of Public Employee For Refusal To Participate In EAP Wasn't Wrongful Discharge In Violation Of Public Policy (12/16/02)
    WA Ct App

  • Employment Manual Can Alter Employment-At-Will Status (12/27/02)
    VT Sup Ct
    		•

    Workplace Safety

  • OSHA Recordkeeping Form To Include Hearing Loss In 2004: MSD Decisions Delayed (12/16/02)
    OSHA
    		•

    Benefits

  • Denial Of Health Insurance Coverage For Gender Reassignment Surgeries Did Not Violate ERISA Or Title VII (12/20/02)
    2nd Cir.

  • Employee Was Entitled To Continued Disability Benefits Because Suitable Alternative Employment Was Not Reasonably Available Due To His Ongoing Participation In A Rehabilitation Program (12/27/02)
    4th Cir.

  • Labor Department Clarifies Existing Guidance on How Selection of Annuity Providers Applies to Defined Contribution Pension Plans (12/23/02)
    PWBA
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    Miscellaneous

  • Volunteering in the United States (12/18/02)
    BLS
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