The next time you have a dreaded business meeting, turn that frown upside down and remember that they are a "privilege" of employment - at least, according to the 9th U.S. Circuit Court of Appeals. In a recent opinion, the court decided that not only are business meetings a "privilege," but also that inadequate employer support could constitute workplace discrimination. Employers are quite familiar with the duty of reasonable accommodation under the Americans with Disabilities Act of 1990. In most ADA cases, requests for accommodation are to enable an otherwise qualified employee with a disability to perform essential functions of his or her job.
A plaintiff wasn't limited to a single recovery of statutory damages for multiple violations of the Fair Credit Billing Act, the 9th Circuit has ruled in reversing judgment. Chase Bank admittedly committed multiple violations of the Fair Credit Billing Act by misidentifying a $645 charge on the plaintiff's credit card account, failing to respond to her requests for information about it, continuing to seek payment for the charge despite her protests and reporting the debt as delinquent to credit agencies.
In a decision that could bring an end to the national Adventure Pass program, the U.S. 9th Circuit Court of Appeals ruled that the U.S. Forest Service cannot charge for hiking, walking, picnicking or visiting undeveloped areas of national forest land. In the unanimous ruling released Feb. 9 in favor of four hikers who objected to paying a fee to visit the forest, Judge Robert Gettleman wrote: "Everyone is entitled to enter national forests without paying a cent.
An employee who sued for a violation of her federal rights to medical leave should not have been required to prove that her employer acted unreasonably in refusing to reinstate her, the 9th Circuit has ruled in reversing judgment. The plaintiff was an office worker for a city in Oregon. The city granted the plaintiff medical leave after she was diagnosed with multiple chemical sensitivity allegedly aggravated by chemicals emitted from low grade paper used in the office.
A retaliation lawsuit brought under [section]1981 is subject to a four-year statute of limitations, not the state personal injury time- bar, the 9th Circuit has held in reversing a dismissal. The plaintiff, an African-American employee of Lucent Technologies, alleged the company denied him disability payments in retaliation for filing a previous suit against them, in violation of [section]1981, which prohibits race discrimination in contracts.
A public school board did not violate federal disability discrimination law by refusing to accommodate a teacher who failed to keep her professional certification current due to a major depressive episode, the 9th Circuit has ruled in affirming judgment. The plaintiff worked as a special education teacher for a school district in Idaho. State law and her teaching contract required her to maintain a valid teaching certificate.
A warrant to search a teacher's home computer for child pornography could not be based solely on an allegation that he had molested one of his students at school, the 9th Circuit has ruled. Police obtained a warrant to search the plaintiff's home computer for child pornography after one of his sixth grade students complained that he had touched her in an inappropriate manner at school. Police executed the warrant at the plaintiff's home and seized his computer, but no charges were ever filed.
A victim of spam could not recover damages under a theory that he was a beneficiary of a contract binding the registrar of a domain name for a website that bombarded him with more than 1,000 e-mail advertisements, the 9th Circuit has ruled in affirming a dismissal. The plaintiff sued for violations of California's anti-spam law after he received 1,125 e-mails advertising a pornographic website. The plaintiff obtained a $1.125 million default judgment against the website's operator, but was unable to collect that judgment due to his inability to learn the operator's identity.
You figure that those who make their living on the oceans are a pretty hearty lot. So it comes as something of a surprise that one California fisherman would claim he suffered emotional distress because a wayward freighter passed too close for comfort one fogbound afternoon.
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