Tag: Ninth Circuit

U.S. Supreme Court Reverses Decision on Decades-Old Maternity Leave

In a May 18, 2009, decision, the U.S. Supreme Court addressed the issue of whether women who took maternity leave decades ago (before discrimination based on pregnancy became illegal) can sue to have their pregnancy leave time count toward their pensions. The Court reversed the Ninth U.S. Circuit Court of Appeals’ ruling and held that […]

Understanding the Power of Employment Waivers

by Jonathan Hauer Some people are just plain trouble. Take me, for instance. I was born with two left feet and 10 thumbs. I make a bull in a china shop look graceful. I am, if you didn’t catch my oh-so-subtle hints, clumsy. You can tell this just by looking at me — and the […]

Discrimination: Massive Wal-Mart Class Action OK’d by Ninth Circuit

Last year, the Ninth Circuit Court of Appeals agreed with a lower court’s decision to certify a sex discrimination class action lawsuit filed against Wal-Mart on behalf of up to 2 million current and former female employees. Last month, the Ninth Circuit has now reaffirmed its ruling, thus putting the suit one step closer to […]

Disability Bias: Disability-Based Misconduct Is Part of Disability, Says Court

The U.S. Ninth Circuit Court of Appeals, which covers California, has released a controversial new opinion suggesting that the Americans with Disabilities Act protects misconduct stemming from a disability as part and parcel of the disability itself. The case involved Stephanie Gambini, an employee of Total Renal Care, Inc, who suffered from bipolar disorder. Gambini […]

Wal-Mart Loses Class Action Certification Challenge in Huge Case

Last week, the U.S. Ninth Circuit Court of Appeals upheld a lower court’s ruling that granted class-action status to a lawsuit—the largest civil rights suit in history—accusing Wal-Mart of sex discrimination in pay and promotions. The class is estimated to consist of up to 1.6 million current and former female employees of Wal-Mart. Wal-Mart unsuccessfully […]