Westlaw Topical Highlights: Labor and Employment, April 6, 2016

April 6, 2016

Labor and EmploymentWestlaw Topical Highlights for Labor and Employment provides summaries of significant federal court decisions and legislative and administrative activities affecting Labor and Employment law. A Westlaw subscription is required to access the documents linked from this page.

Discrimination: Discrimination on the basis of transgender identity is cognizable under Title VII as discrimination because of sex.  Fabian v. Hospital of Central Connecticut, 2016 WL 1089178 (D.Conn.) As a matter of first impression in the Second Circuit, the district court held that discrimination on the basis of transgender identity is cognizable under Title VII as discrimination because of sex. A transgender prospective employee brought a Title VII action against her prospective employer alleging that she was not hired as an on-call orthopedic surgeon because she revealed that she was transgender. On its motion for summary judgment, the employer asserted that Title VII did not cover gender identity. The district court disagreed, finding that discrimination “because of sex” is not only discrimination because of maleness and discrimination because of femaleness, but also discrimination because of the distinction between male and female or discrimination because of the properties or characteristics by which individuals may be classified as male or female, and thus covered gender identity.  2016 WL 1089178 (The full-text of the rest of the Topical Highlights is available within Thomson Reuters Westlaw, subscription required).      

Workers’ Compensation: Workers’ compensation judge’s error, if any, in citing to as its basis for disqualifying claimant’s vocational specialist as an expert was harmless.  Baker v. Harrah’s 2016 WL 901199 (La.App. 4 Cir.)

Public Employment: Safety and security officer did not perform out-of-title work by serving as acting chief safety and security officer.  New York State Correctional Officers and Police Benev. Ass’n, Inc. v. Governor’s Office of Employee Relations 2016 WL 1190470 (N.Y.)

Discrimination: Fact issue as to whether employee was terminated based on his disability or threat of workplace violence precluded judgment on pleadings in ADA case.  Walton v. Spherion Staffing LLC 2015 WL 171805 (E.D.Pa.)

Hours and Wages: Deductions from compensation paid to misclassified employee would support cause of action for unlawful wage deductions.  Davis v. Farmers Insurance Exchange 2016 WL 1182718 (Cal.App. 2 Dist.)

Discrimination: Employer’s proffered reason for terminating employee, that customer asked employee to be removed from its account, was not pretext for retaliation.  Garcia v. Penske Logistics, LLC 2014 WL 11188812 (S.D.Tex.)

Public Employment: 20 Percent buyout increase in salary for firefighter’s last day of work pursuant to CBA was not part of pensionable salary.  Village of Chicago Ridge v. Chicago Ridge Firefighters’ Pension Bd. of Trustees 2016 WL 1078310 (Ill.App. 1 Dist.)

Public Employment: County employee was denied fair hearing when civil service commission used evidence outside record to uphold dismissal.  Pinheiro v. Civil Service Commission for the County of Fresno 2016 WL 1212888 (Cal.App. 5 Dist.)

Unemployment Compensation: Employee who is terminated as result of missing work due to incarceration after being convicted of crime is not eligible for unemployment.  State, Emp’t. Sec. Div. v. Murphy 2016 WL 1261134 (Nev.)

Employer’s Liability: Employer’s admission of vicarious liability did not bar plaintiff from proceeding against the employer on independent claims of negligence.  Jones v. Windham 2016 WL 943722 (Tenn.Ct.App.)

Public Employment: Meyers–Milias–Brown Act advisory factfinding provisions do not violate the state constitution’s home rule doctrine.  County of Riverside v. Public Employment Relations Board 2016 WL 1238737 (Cal.App. 4 Dist.)

Unfair Labor Practices: Walk times between locker rooms and work area did not constitute compensable work under FLSA prior to collective bargaining agreement.  Castaneda v. JBS USA, LLC 2016 WL 1258394 (C.A.10 (Colo.))

Collective Bargaining: Meyers–Milias–Brown Act’s factfinding procedures apply to any bargaining impasse over negotiable terms and conditions of employment.  San Diego Housing Commission v. Public Employment Relations Board 2016 WL 1242539 (Cal.App. 4 Dist.)

Hours and Wages: Court interprets wage orders requiring seats for employees when the nature of the work reasonably permits the use of seat.  Kilby v. CVS Pharmacy, Inc. 2016 WL 1296101 (Cal.)

Benefit Plans: Special circumstance had not been pleaded that market price of company stock had been rendered unreliable or artificially constructed.  In re 2014 Radioshack ERISA Litigation 2016 WL 1166344 (N.D.Tex.)

Public Employment: Evidence was insufficient to establish retired police officer’s entitlement to hypertension or heart disease special compensation benefits.  Staurovsky v. City of Milford Police Dept. 2016 WL 1098889 (Conn.App.)

Workers’ Compensation: Claimant’s alleged failure to follow physician’s instruction did not warrant denial of workers’ compensation benefits.  Staton v. Brothers Signal Co. 2016 WL 1317530 (Va.App.)