an update for the week of january 3, 2005
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today's workplace: the employee rights blog
Have They Ever Shared a Bathroom with a Woman?: I realize that I, and many of the readers of this blog, manifest some bias in favor of workers who take on their employers in the legal system. After all, it's why we do what we do. However, even recognizing this bias, every once in a while, a case comes along that makes even a cynical employee advocate ask "what planet are these judges from?" when reviewing their ruling against an employee. One such case is that of Jespersen v. Harrah's, decided last week by the 9th Circuit Court of Appeals. Let's hope this case is another one that the Supreme Court will champ at the bit to overturn, or even better, that there will be enough wisdom found amongst a larger (en banc) panel of the court, that Jesperson, and justice, will prevail.
this week in the courts
Brown v. City of S. Burlington  (Second Circuit; No. 03-9060)
Decision Date: December 29, 2004
In a suit for wrongful discharge, dismissal of plaintiff's claims is reversed where the district court improperly determined that plaintiff was barred from repudiating a ratified release of all claims due to his failure to tender back in a timely manner the consideration he had received for it.
Jespersen v. Harrah's Operating Co.  (Ninth Circuit; No. 03-15045)
Decision Date: December 28, 2004
Defendant-casino's policy, requiring certain female employees to wear makeup, does not constitute sex discrimination since defendant imposed equal burdens on both sexes.
Bastien v. The Office of Senator Ben Campbell  (Tenth Circuit; No. 02-1343)
Decision Date: December 13, 2004
Plaintiff's employment discrimination claim, brought under the Congressional Accountability Act, is not barred where the claim does not question the conduct of official Senate legislative business by defendant or his aides.
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