an update for the week of may 8, 2006
this week in the courts
Howard v. Winter ?(Fourth Circuit; No. 05-1258)
Decision Date: May 4, 2006
In case alleging hostile work environment under Title VII, summary judgment for defendant in his personal capacity as Secretary of the Navy is vacated where: 1) there is a question of fact whether plaintiff is alleging harassment based on her sex; 2) a reasonable juror could find that plaintiff's comments to a Navy human resources specialist were sufficient to put the Navy on notice of a potential hostile work environment; and 3) the Navy's response to that notice was negligent.
Kruchowski v. Weyerhaeuser Co. ?(Tenth Circuit; No. 04-7118)
Decision Date: May 3, 2006
Summary judgment for defendant-employer on plaintiffs' claims under the Age Discrimination in Employment Act (ADEA) is reversed where releases of claims, which were signed by plaintiffs in order to obtain a severance package in exchange for a waiver of the right to assert an ADEA claim against defendant, failed to conform to the statutory requirements of the Older Workers Benefit Protection Act (OWBPA).
ING Fin. Partners v. Johansen ?(Eighth Circuit; No. 05-2531)
Decision Date: May 1, 2006
Summary judgment for an employer and a permanent injunction enjoining a former employee from pursuing her claims of sex discrimination, sexual harassment, and retaliatory discharge for whistleblowing, in arbitration are reversed and vacated, respectively, where the district court erred in finding that an agreement unequivocally exempted the claims at issue from the parties' agreement to arbitrate.
Your Rights in the Workplace
action center
Wal-Mart: Bad for Workers, Bad for America
Stop Genetic Discrimination
Workplace Week is published weekly by Workplace Fairness, a nonprofit organization that helps people understand, protect, and strengthen employee rights. Workplace Fairness wants to hear from you. Tell a friend about Workplace Week by clicking here.
? 2006 Workplace Fairness