Fenwick Employment Brief November 10, 2010

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In this issue: Male Employee Allowed To Proceed With Sexual Harassment Claim Arising Out Of Female Co-Worker’s Sexual Overtures; Employee Discharged After Stroke Allowed To Pursue Disability And Age Discrimination Claims; Employers Need Only Provide Meal Periods And Need Not Ensure Employees Actually Take Breaks; Employee Who Received Benefit Of Class Settlement Not Allowed To Bring Later Claim For Wage Penalties; Court Refuses To Enforce Unconscionable Arbitration Agreement; Workers’ Compensation Appeals Board Approval Required To Settle Both Workers’ Compensation And Disability Claims; Class Action Against Oracle Approved For Alleged Overtime Violations; Employer Properly Discharged Employee For Failure To Give Timely Notice Of Need For Additional FMLA Leave; Employee Failed To Establish Sufficient Evidence Of Race Discrimination; Army Reservist Allowed To Pursue USERRA Claim; Supervisor’s Violation Of “Personal Space” Sufficed To Establish Hostile Environment Claim; Jury Awards $8 Million For Sexual Harassment.

Please see full publication below for more information.

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