Jones&Mayer - Case Updates

JONES & MAYER - RECENT CASE UPDATES

Vol. Three No. Eight - November 17, 1999

Anderson v. Reno
Relevant Incidents Outside 45 Day EEOC Proceeding Are Admissible In Title VII Sexual Harassment Action
Montero v. AGCO Corp.:
No Cause of Action For Constructive Discharge Where Employee Resigns Months After Harassment Ceased and Harassers Disciplined
Munoz v. City of Palmdale:
Unpaid Volunteer Not An Employee Or Servant Of City For Respondent Superior Purposes
Dobbins v. County of San Diego Civil Service Commission:
Reassignment May Be Made Without A Hearing If Not For Disciplinary Reasons
Fontana Police Department v. Villegas-Banuelos:
Attorney Fees Will Be Awarded If Court Action Necessary To Enforce The Public Records Act
Norris v. Sysco Corp.:
ADA Requires That Requests For Accommodation Be Addressed

Vol. Three No. Seven - September 30, 1999

McQuirk v. Donnelly:
Waiver Did Not Protect Sheriff For Alleged Defamatory Statements
Pfau v. Kim's Hapkido:
Officer During Off-Site Training By Private Vendor Assumed The Risk
Calabretta v Yolo County & Woodland Police Department:
Delayed Suspected Child Abuse Investigation Requires Exigency, Consent or Warrant To Retain Qualified Immunity
Collins, et al. v. Spokane Valley Fire Protection District:
Fair Labor Standards Act Does Not Prohibit Public Employer From Requiring Employees To Use Comp Time

Vol. Three No. Six - August 23, 1999

Wilson v. Layne:
Ride-Along Policy Violates Fourth Amendment By Allowing Non-Police To Enter Residence
Caloca, et al. v. County of San Diego:
Citizen Review Board Findings Of Misconduct Constitute Punitive Action Triggering Right To Administrative Appeal
Dutton, et al. v. United Airlines, Inc.:
Refusal To Hire Based On Uncorrected Visual Acuity Does Not Violate The Americans With Disabilities Act
Murphy v. United Parcel Service, Inc.:
Termination For Failing To Meet Physical Requirements Not A Violation Of Americans With Disabilities Act
Paresi, et al. v. City of Portland:
FLSA Window Of Opportunity Provision May Be Invoked To Avoid Liability
Balint v. Carson City, Nevada (Sheriff Rod Banister):
Public Employer Must Accommodate Employee's Religious Observance
Pacheco v. New Life Bakery, Inc.:
Employer Vicariously Liable For Harassment By Supervisor
Fajardo v. Co. of Los Angeles (SO):
911 Domestic Violence Calls Should Be Treated As "In Progress" Likely To Cause Severe Injury Or Death

Vol. Three No. Five - April 10, 1999

Holmes v. District Attorney for the City and County of San Francisco
Due Process Requires At-will Peace Officer Be Given Name Clearing Hearing Prior to Termination
Bardin v. Lockheed Aeronautical Systems Co.
Employer Has Absolute Privilege From Liability For Information Given to Law Enforcement During Background Investigation

Vol. Three No. Four - March 31,1999

Attorney General Opinion: 98-204
Interview Notes May Be Destroyed
City of West Covina v. Perkins
Notice Of How To Retrieve Seized Property Not Required
Willis, et al. v. International Longshoremen's Union
You Need Not Be Violated To Provide Reasonable Accommodation
Adams et al. v. City of Fremont, et al.
Failing To Prevent Individual From Committing Suicide Does Not Create Liability
In Re Justin Michael B. (People v. Justin Michael B.)
Where Curfew Violation Is Only Offense Fourth Amendment Violated Transporting To Station And Interrogating Minor
Knowles v. Iowa
Traffic Citation Does Not Give Police Right To Search Vehicle Without A Warrant

Vol. Three No. Two - February 10,1999

Zeron v. City of Los Angeles
Probationary Officer Gains Tenure If Termination Notice Is Received By Civil Service Commission After Probationary Period Ends
Haywood v. American River Fire Protection District
No Workers Compensation Where There Is A Refusal To Return To Work After Disciplinary Action
Cilderman v. City of Los Angeles
Termination During Extended Probation Does Not Require Due Process
Gai v. City of Selma
Actual Bias Must Be Demonstrated To Remove Personnel Commissioner From Termination Hearing
San Diego Co. Deputy Sheriffs Assoc. v. San Diego Co. Sheriffs Dept.
Reinstated Officer Entitled To Interest On Back Pay