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Kao v. The University of San Francisco, 229 Cal. App. 4th 437 (2014)

Dr. John S. Kao was a tenured professor at USF who submitted a 485-page complaint (plus a 41-page addendum) to the university alleging race-based discrimination and harassment at the school. Kao was not satisfied with the university’s two-page response, which he said did not offer any remedies for the problems he…

Negro v. Superior Court, 2014 WL 5341926 (Cal. Ct. App. 2014)

Navalimpianti USA, Inc. subpoenaed Google, Inc. to produce copies of email messages it had relating to one of Navalimpianti’s former employees, Matteo Negro. Prior to initiating this action against Google in state court in California, Navalimpianti sued Negro and other former employees in state court in Florida for various breaches of duty pursuant…

$150,000 Sexual Harassment Verdict And $680,000 Fee Award Affirmed
Taylor v. Nabors Drilling USA, LP, 222 Cal. App. 4th 1228 (2014)

Max Taylor worked as a floorhand on an oil rig where he alleged he was harassed by his supervisors who called him “queer,” “fagot [sic],” “homo,” and “gay porn star” and was subjected to other humiliating and harassing conduct, including simulated masturbation…

California Governor Jerry Brown has signed a new law protecting employee use of social media by prohibiting an employer from requiring or requesting an employee or applicant for employment to disclose a username or password for the purpose of accessing the employee’s personal social media.  Additionally, an employer may not require an employee or applicant to divulge any personal social media unless the employer reasonably…

In re Roman Catholic Archbishop of Portland, 657 F.3d 1008 (2011)

Documents that were produced in discovery and filed in the bankruptcy court contained allegations that Fathers “M” and “D” (two priests who were not parties to the Portland Archdiocese’s bankruptcy case) had sexually abused children. The bankruptcy court held that the discovery documents could be disclosed to the public because the public’s interest…

Holmes v. Petrovich Dev. Co., 191 Cal. App. 4th 1047 (2011)

Gina Holmes sued her employer for harassment based on pregnancy, retaliation, constructive discharge, violation of the right to privacy and intentional infliction of emotional distress. The trial court granted summary adjudication to the defendants with respect to the claims for harassment, retaliation and constructive discharge, and a jury decided against Holmes with respect…

NASA v. Nelson, 562 U.S. ___, 131 S. Ct. 746 (2011)

Twenty-eight contract employees of the Jet Propulsion Laboratory (“JPL”), which is owned by NASA but operated by Cal Tech, had never been subjected to a government background investigation. In 2004, a recommendation of the 9/11 Commission prompted the President to order new, uniform identification standards for federal employees, including contractor employees. The Department of…

County of Los Angeles v. Los Angeles County Employee Relations Comm’n, 190 Cal. App. 4th 178 (2010)

During the course of collective bargaining, the Service Employees International Union asked the county for the personal contact information (names, home addresses and home telephone numbers) of county employees who are in the bargaining unit but who are not members of the union. When the county refused…

City of Ontario v. Quon, 130 S. Ct. 2619 (2010)

The City of Ontario’s Computer Usage, Internet and E-mail Policy provides that use of the city’s computers and other electronic equipment, networks, etc., is limited to city-related business, that access is not confidential and “users should have no expectation of privacy or confidentiality when using these resources.” Sergeant Jeff Quon, a member of the city’s SWAT team, signed an employee acknowledgement of the Policy and attended a meeting in which he and others were informed that text messages were considered to be the same as e-mail and could be audited by the department. However, Quon was later told that the content of his text messages would not be audited so long as he paid the department for any charges associated with texting more than 25,000 characters in a billing cycle. When a lieutenant in the department “grew weary” of being a bill collector for officers who exceeded the 25,000 character limit, the department contacted Arch Wireless and requested transcripts of the text messages. After the department received the transcripts from Arch, internal affairs conducted an investigation to determine “if someone was wasting city time not doing work when they should be.” The investigation revealed that many of Quon’s messages were personal in nature and sexually explicit.