Recently in Employment Law Category

A political discrimination lawsuit filed by Teresa Wagner can go forward, according to the 8th Circuit. Wagner, a conservative Republican, applied for a professorship at the University of Iowa College of Law in 2006.

Despite being qualified for the job, she was not hired. She believes that the law school's dean, along with its faculty hiring committee, denied her the position after learning of her active involvement in "socially conservative causes."

The court unanimously agreed that there is sufficient evidence to suggest that the hiring decision was "in part motivated by Wagner's constitutionally protected First Amendment rights of political belief and association."

The Delaware Supreme Court has ruled that the letter sent to Ex-HP CEO Mark Hurd accusing him of sexual harassment should be made public.

The letter served as the impetus behind his subsequent resignation.

Hurd was accused by celebrity attorney Gloria Allred of sexually harassing her client, Jodie Fisher. Fisher was a contractor working for HP. Hurd was accused of treating her to expensive meals. He was also accused of telling her confidential, non-public company information.

The 9th Circuit has revived an overtime lawsuit against California-based Oracle Corp., possibly affecting thousands. The Oracle class action seeks to represent a group of nonresident employees who traveled to California to teach customers how to use Oracle products.

They sued, arguing that California's overtime laws applied while they worked in the state. Oracle had been paying an overtime rate consistent with the employees' home states. Those rates are less generous than California's.

The 9th Circuit agreed with the employees, and has ordered further proceedings.

Is transgender discrimination sex discrimination? And if so, is it prohibited by the Constitution?

The 11th Circuit answered both of these questions in the affirmative on Tuesday, ruling for Vandy Beth Glenn, a transgender woman fired from her job with Georgia's General Assembly. Glenn had sued the state, arguing that her termination violated the Constitution's Equal Protection Clause.

The court unanimously agreed, pointing to a cache of prior case law.

In Los Angeles, porn and condoms traditionally don't seem to mix - at least according to a lawsuit filed by the AIDS Healthcare Foundation against the Los Angeles County Department of Public Health.

And, porn stars and condoms won't be legally required go hand-in-hand together, after an appeals court has ruled that the LA County Department of Public Health does not need to mandate adult film performers wear protection.

The case was filed in Los Angeles County, and the decision of the lower court was upheld by the Second District Court of Appeals.

The AIDS Healthcare Foundation filed the lawsuit after news that an adult film performer recently tested positive for HIV, reports KTLA-TV.

The California Supreme Court gave a boost to employees earlier this week, ruling 6-to-1 that a 2005 Los Angeles grocery worker law is not preempted by state law, federal labor code, or the Equal Protection Clause.

With worker retention ordinances, which are designed to prevent new business owners from laying off existing employees, popping up across the country in a variety of industries, one can only expect this decision to encourage more California cities to get in on the trend.

In a unanimous decision, the California Supreme Court ruled in favor of plaintiffs in the Oracle overtime lawsuit, finding that state overtime laws apply to nonresidents who work in California.

However, the court also said that employees are not protected by the state's wage and hour laws when they work out of state, even if they are paid by a California-based employer.

Both conclusions have huge implications for employees and companies that conduct business within California.

In its long awaited decision, the Supreme Court put an end to the Walmart class action today, a gender bias lawsuit that was projected to reach nearly 1.5 million plaintiffs.

The plaintiffs in Wal-Mart v. Dukes may be correct that, at Walmart, gender discrimination is prevalent in the provision of raises and promotions.

But their inability to demonstrate that all class members suffered from the alleged discrimination is what led to the downfall of the case.

A clear decision has been made by Washington's Supreme Court, and the end result is that the state's Medical Use of Marijuana Act does not protect employee medical marijuana use.

In addition to siding with employer drug policies, the court made another interesting statement:

The state's Human Rights Commission, which is charged with investigating workplace discrimination, has no authority to investigate cases involving medical marijuana.

The U.S. 1st Circuit of Appeals has reversed an earlier decision to grant American Airlines skycaps around $330,000 in baggage fees. The American Airlines skycap reversal hinged on whether the court was to interpret the case via state tip laws, or if they were to interpret the case based on federal law. Federal law prevailed.

The skycaps brought the lawsuit against American Airlines after the airline began charging a $2.00 fee for passengers who opted for curbside check in of their baggage.

Before, passengers would usually tip the skycaps for their help - the service used to be free. However, with mounting costs, American Airlines soon decided to institute the new policy. Passengers were likely confused about if the $2.00 fee constituted a tip, and as a result, the tip income that many of the skycaps relied on fell dramatically, reports The Washington Examiner.