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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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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