California Employment Law Update

Tag Archives: ADA

November 2018 California Employment Law Notes

We invite you to review our newly-posted November 2018 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Employee Non-Solicitation Provision Was An Unenforceable Restraint Employer Was Not Liable For Accident Involving Employee Who Was Talking On Her Cell Phone Injured Employee May Have Been … Continue Reading

Nurse’s ADA Disability Discrimination Claim Was Properly Dismissed

Samper v. Providence St. Vincent Med. Ctr., 675 F.3d 1233 (9th Cir. 2012) Monika Samper, a neo-natal intensive care unit nurse, sought an accommodation from the hospital where she was employed that would have allowed her an unspecified number of unplanned absences from work. She wanted to opt out of Providence’s attendance policy, which permitted … Continue Reading

Teacher/Minister’s Disability Discrimination Claim Is Barred By The First Amendment

Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC, 565 U.S. ___, 132 S. Ct. 680 (2012) Cheryl Perich was a “called” teacher for the church and also had the formal title of “Minister of Religion, Commissioned.” After Perich developed narcolepsy, the church replaced her with a lay teacher and eventually terminated her employment for “insubordination … Continue Reading

January 2012 California Employment Law Notes

We invite you to review our newly-posted January 2012 California Employment Law Notes – a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Insurance Claims Adjusters May Be Exempt Administrative Employees Attorney Was Properly Denied Precertification Discovery To Find A New Class Representative Employee-Attorney’s $440,000 Verdict Against … Continue Reading

Teacher With Expired Teaching Certificate Was Not “Qualified” Within The Meaning Of The ADA

Johnson v. Board of Trustees, 2011 WL 6091313 (9th Cir. 2011) Patricia Johnson, who had a history of depression and bipolar disorder, taught special education for a school district in Idaho for a decade. Before her teaching certificate expired in 2007, Johnson failed to take sufficient college courses to obtain a renewal of the certificate … Continue Reading

Diabetic Employee Was Protected Under Americans With Disabilities Act

Rohr v. Salt River Project Agric. Improvement & Power Dist., 2009 WL 349798 (9th Cir. 2009) Larry Rohr, an insulin-dependent type 2 diabetic, brought suit for employment discrimination under the Americans with Disabilities Act (“ADA”). The district court granted the employer’s motion for summary judgment on the grounds that he failed to raise a material … Continue Reading

UPS May Not Have Violated The ADA By Excluding Deaf Drivers Who Failed To Satisfy DOT Hearing Standard

Bates v. United Parcel Serv., 511 F.3d 974 (9th Cir. 2007) (en banc) One of the requirements applied by UPS to those applicants seeking to drive the familiar brown “package cars” was that they pass the physical examination (including a hearing exam) that the DOT requires of drivers of commercial vehicles of a gross vehicle weight … Continue Reading

Rejected Applicant’s ADA And Title VII Claims Were Properly Dismissed

Nilsson v. City of Mesa, 503 F.3d 947 (9th Cir. 2007) Christine Nilsson applied for a position as a police officer with the City of Mesa, Arizona. In conjunction with her application, Nilsson signed a waiver of any and all claims against the police department. During the application process, Nilsson disclosed that she had been involved … Continue Reading
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