United States: Recent Case Shows Lengths CA Employers Must Go To Accommodate Disabled Employees

One of our ongoing themes has been the extent of an employer’s obligation to accommodate disabled employees. A recently unpublished court of appeal decision – Swanson v Morongo Unified – illustrates this point.

Swanson, an elementary school teacher, had recently been treated for breast cancer. She asked to be assigned to teach 2nd grade, as she had recently done, instead of being assigned to work with 5th graders. Her fragile health, she said, made it […]

By | December 4th, 2014 ||

United States: Defined Benefit Plan Participants Have Standing To Pursue Fiduciary Breach Claims

A federal district court in Minnesota found that participants in a defined benefit pension plan had standing to assert claims that defendants breached their fiduciary duties by, among other things, shifting to an equities-only investment strategy that resulted in the plan becoming significantly underfunded and thereby increasing the risk of default.  In so ruling, the court determined that even though U.S. Bancorp was capable of meeting its minimum funding obligations, plaintiffs plausibly alleged that […]

By | December 4th, 2014 ||

United States: Avoiding Liability For Retaliation Claims: Issue Spotting In Real Time

Introduction
Retaliation lawsuits are the most common claims brought against employers before governmental agencies and are increasing in frequency in the civil court system. According to the Equal Employment Opportunity Commission (EEOC), in 2013, a retaliation claim was made in 41.1% of all charges submitted to the EEOC. This is more than discrimination based on race and more than discrimination based on disability. Even more concerning is the consistent uptick in retaliation allegations. Retaliation claims […]

By | December 4th, 2014 ||