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ADA:
In a case of first impression, the Seventh Circuit held that an Americans with Disabilities Act plaintiff for retaliation not entitled to compensatory or punitive damages has no right to a jury trial. Kramer v. Banc of America Securities (PDF, 23K), LLC, 2004 U.S. App. LEXIS 760 (7th Cir. Jan. 20, 2004).
The Fifth Circuit held that a trainee, with no assurance of future employment, does not have standing to sue under the employment section of the Americans with Disabilities Act. Brennan v. Mercedes Benz USA (PDF, 47K), 2004 U.S. App. LEXIS 20827 (5th Cir. 2004).
The Second Circuit, joining the Ninth Circuit, held that "interacting with others" is a major life activity under the Americans with Disabilities Act, and set out a new standard for determining when an impairment of this activity is "substantial" for the purposes of the Americans with Disabilities Act. Jacques v. DiMarzio Inc. (PDF, 127K), 2004 U.S. App. LEXIS 20780 (2d Cir. 2004).
In this case of first impression, the Tenth Circuit joined the Fourth, Fifth, and Eighth Circuits in finding that a hostile work environment claim may be brought under the Americans with Disabilities Act, comparing the ADA's purposes and structures with Title VII. Lanman v. Johnson County (PDF, 79K), LLC, 2004 U.S. App. LEXIS 27200 (10th Cir. 2004).
ADEA:
The U.S. Supreme Court held that the Age Discrimination in Employment Act does not prohibit employers from treating their older workers more favorably than their younger workers. General Dynamics Land Sys. Inc. v. Cline (PDF, 199K), 2004 U.S. LEXIS 1623 (U.S. 2004).
The Seventh Circuit found that Chicago's mandatory retirement plan for police and firefighters was not subterfuge to avoid the Age Discrimination in Employment Act. Minch v. Chicago (PDF, 159K), 2004 U.S. App. LEXIS 6927 (7th Cir. 2004).
A job reassignment that was outside the expertise, and reduced the salary and retirement benefits of a music teacher may be found to violate the Age Discrimination in Employment Act, held the district court. Smith v. Turner Unified School District No. 202, (PDF, 98K), 2004 U.S. Dist. LEXIS 23254 (D. Kan. 2004).
Arbitration:
The Third Circuit held that non-parties to an arbitration cannot be compelled by the arbitrator to turn over documents for a pre-hearing review. Hay Group v. E.B.S. Acquisition Corp. (PDF, 109K), 2004 U.S. App. LEXIS 4715 (3d Cir. 2004).
Civil Rights Act:
The United States Supreme Court held that the federal four-year statute of limitations applies to all claims brought under the Civil Rights Act of 1966 (42 U.S.C. §§ 1981). Jones v. R.R. Donnelley & Sons Co. (PDF, 110K), 124 S. Ct. 1836, 2004 U.S. LEXIS 3236 (2004).
Contract:
Email communication is not a sufficient method of notifying employees of a new and mandatory arbitration policy when the employer cannot show that employees read the communication, held the District Court of Massachusetts. Campbell v. General Dynamics Government Systems Corp. (PDF, 88K), 321 F. Supp. 2d 142 (D. Mass. 2004).
A provision in an employment application form that sets the limitation period for any future employment-related claim at six months is valid and enforceable, held the Sixth Circuit in an unpublished opinion. Thurman v. DaimlerChrysler, (PDF, 73K), 2004 U.S. App. LEXIS 24306 (6th Cir. 2004).
EAJA:
Amendments to attorneys' fees applications under the Equal Access to Justice Act may be made after the 30-day deadline to allege the government's position was "not substantially justified," held the United States Supreme Court. The EAJA allows parties who prevailed in litigation brought by the federal government, including the Labor Department, the National Labor Relations Board, and the Equal Employment Opportunity Commission, to apply for attorneys' fees. Scarborough v. Principi (PDF, 185K), 124 S. Ct. 1856, 2004 U.S. LEXIS 3234 (2004).
Equal Pay Act:
The District Court of the Southern District of Iowa allowed current and former female health inspectors to go to trial alleging violations of the Equal Pay Act for the state's hiring of a male inspector to do equal work for a higher salary. Fagen v. Iowa (PDF, 145K), 2004 U.S. Dist. LEXIS 1861 (S.D. Iowa 2004).
Equal Protection:
Discrimination based on sexual stereotypes, motherhood in this case, is actionable, held the Second Circuit Court of Appeals. Back v. Hastings on Hudson Union Free School (PDF, 218K), 2004 U.S. App. LEXIS 6684 (2d Cir. 2004).
First Amendment:
The district court of Kansas ruled that there was no First Amendment bar against a minister's pursuing sexual harassment and retaliation claims against her church-employer, rejecting the "ministerial exception" theory to employment cases in this particular case since the issues would likely not involve the church-employer's ecclesiastical concerns. Dolquist v. Heartland Presbytery, (PDF, 138K), 2004 U.S. Dist. LEXIS 21888 (D. Kan. 2004).
The district court of Delaware dismissed the Title VII sex discrimination claim of a former teacher of a Catholic school because it would likely require the court to rule on church doctrine which would violate the First Amendment. Curay-Cramer v. Ursuline Academy of Wilmington, Delaware, Inc., (PDF, 128K), 2004 U.S. Dist. LEXIS 23544 (D. Del. 2004).
FLSA:
The Sixth Circuit found that a nuclear waste environmental specialist may be entitled to overtime. Schaefer v. Indiana Michigan Power Co. (PDF, 119K), 2004 U.S. App. LEXIS 2414 (6th Cir. 2004).
The First Circuit held that employees should not be paid for time spent waiting to begin work after they have put on safety equipment. Tum v. Barber Foods Inc. d/b/a Barber Foods (PDF, 112K), 2004 U.S. App. LEXIS 5427 (1st Cir. 2004).
FMLA:
The Third Circuit stated that it may be illegal interference of an employee's rights under the federal Family and Medical Leave Act if the employer does not advise an employee of his rights under the Act in the case where the employee took leave to have surgery. Conoshenti v. Public Service Electric & Gas Co. (PDF, 185K), 2004 U.S. App. LEXIS 7152 (3d Cir. 2004).
The Eleventh Circuit held that the Department of Labor's regulation 29 C.F.R. §825.111(a)(3) is an invalid implementation of the Family and Medical Leave Act for its definition of "worksite" and because it created an "arbitrary distinction between sole and joint employers". Harbert v. Healthcare Services Group, Inc. (PDF, 116K), 2004 U.S. App. LEXIS 25627 (10th Cir. 2004).
The Fifth Circuit, in a case of first impression, held that the employer did not violate the Family and Medical Leave Act in firing an employee who did not submit a medical certification in support of her FMLA-leave request after she had exhausted the 30-day non-FMLA medical leave period provided by her employer. Urban v. Dolgencorp of Texas, (PDF, 59K), 2004 U.S. App. LEXIS 25205 (5th Cir. 2004).
Jones Act:
The Seventh Circuit found no liability under the Jones Act, which allows a federal negligence claim for any seaman injured while employed on a vessel, where the vessel was a casino boat indefinitely moored dockside with no transportation function or purpose. Howard v. Southern Illinois Riverboat Casino Cruises (PDF, 49K), 2004 U.S. App. LEXIS 6919 (7th Cir. 2004).
LMRDA:
The Fifth Circuit, for the first time, set the "good cause" eligibility standards for filing under the Labor Management Reporting and Disclosure Act. Hoffman v. Kramer (PDF, 139K), 2004 U.S. App. LEXIS 4308 (5th Cir. 2004).
Massachusetts:
The Massachusetts Supreme Judicial court reversed a 6-year old policy and held that employers do not have a constitutional right to a jury trial in proceedings before the state anti-discrimination agency. Stonehill College v. Massachusetts Commission Against Discrimination (PDF, 349K), 2004 Mass. LEXIS 271 ( Mass. 2004).
NAFTA:
The Federal Circuit held that former employees of chocolate company Barry Callebaut did not show that the company's shifting work to Canada cost them their jobs, thus, they are not eligible for assistance under the North American Free Trade Agreement. Former Employees of Barry Callebaut v. Chao (PDF, 68K), 2004 U.S. App. LEXIS 2064 (Fed. Cir. 2004).
NLRA:
The Seventh Circuit found that an employer's asking its employees to report "harassment" regarding union organizing activities is a violation of the National Labor Relations Act. Bloomington-Normal Seating Co. v. NLRB (PDF, 28K), 2004 U.S. App. LEXIS 1717 (7th Cir. Feb. 5, 2004).
Parental Rights:
The Sixth Circuit court of appeals found that a Ohio school official who fired a teacher for not transferring his son from private school to public school violated parental rights established in the U.S. Constitution and qualified immunity did not apply. Barrett v. Steubenville City School, (PDF, 96K), 2004 U.S. App. LEXIS 23819 (6th Cir. 2004).
Pregnancy Discrimination:
The court held that an employee fired while on maternity leave may sue for pregnancy discrimination under Title VII's Pregnancy Discrimination Act and the Family and Medical Leave Act. Hackett v. Clifton Gunderson LLC, (PDF, 94K), 2004 U.S. Dist. LEXIS 21919 (N.D. Ill. 2004).
Title VII:
The Eighth Circuit held that post-termination misconduct precludes a front pay award under Title VII of the Civil Rights Act of 1964. Sellers v. Mineta (PDF, 146K), 2004 U.S. App. LEXIS 3392 (8th Cir. 2004).
The Second Circuit held that participants in New York's welfare-to-work program were "employees" for purposes of Title VII of the Civil Rights Act of 1964. United States v. City of New York (PDF, 247K), 2004 U.S. App. LEXIS 2439 (2d Cir. 2004).
The Ninth Circuit ruled that employers may adopt different appearance standards for each sex as long as those standards do not impose a greater burden on one than the other. Jespersen v. Harrah's Operating Co. (PDF, 118K), 2004 U.S. App. LEXIS 26892 (9th Cir. 2004).
WARN Act:
The Ninth Circuit found joint employers for Worker Adjustment and Retraining Notification Act purposes. Childress v. Darby Lumber, Inc. (PDF, 43K), 2004 U.S. App. LEXIS 1845 (9th Cir. Feb. 6, 2004).
In a case of first impression, the Seventh Circuit ruled that the WARN Act layoff notice provisions are applicable to municipal corporations and quasi-public bodies. Castro v. Chicago Housing Authority (PDF, 146K), 2004 U.S. App. LEXIS 4576 (7th Cir. 2004).
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