Employment Law – The latest on First Circuit, EEOC Sexual Harassment Suit and more.
On October 9, 2013, the First Circuit Court of Appeals affirmed summary judgment in favor of an employer on claims brought under the Family and Medical Leave Act (FMLA) by a former employee. The court held that the employee was not eligible to take FMLA leave because he had not worked 1,250 hours in the previous year, that he could not establish his employer’s handling of his FMLA application caused him any harm, and that he was not fired for requesting FMLA leave but for his indefinite absence.
McArdle v. Town of Dracut, No. 13-1044 (1st Cir. October 9, 2013).
Raymond McArdle had been a middle school English teacher in the Dracut school district since 1997. Beginning in 2007, he experienced personal issues that caused him to miss numerous school days during the 2008-2009 school year…. [
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ROANOKE, Va. – Saltville, Va.-based Southwest Virginia Community Health System, Inc. (SVCHS) will pay $30,000 to settle a sexual harassment lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.
The EEOC’s suit alleged that Karen Ross, a female receptionist at SCVHS’s Troutdale, Va., clinic, was sexually harassed by a male patient during her employment at the clinic. According to the EEOC’s complaint, Ross complained to her supervisor about the patient’s sexually harassing conduct, but no action was taken to stop the abuse. An employer is liable for acts of a non-employee if the employer knew about the conduct and failed to immediate and appropriate corrective action… [
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In
Carter v. Entercom Sacramento LLC, the
California Court of Appeal for the Third Appellate District decided a case involving a fee claim made by an employee. The fees were generated in litigation that arose from a
fatal water drinking contest, sponsored by a
radio station.
In a radio promotional event, an employee passed out water bottles to contestants and invited them to engage in a water‑drinking contest. As a result, one participant died from drinking too much water. This resulted in lawsuits against the radio station and the employee.
The employee retained counsel to represent him personally in the matter. The employee also tendered the lawsuit to the radio station’s insurer. The carrier for the radio station agreed to defend the employee and appointed counsel on his behalf. However, the employee insisted on using his own counsel and kept him on the case. The personal counsel for the employee incurred significant attorney fees in the litigation. The lawsuits subsequently settled, and the employee sought indemnity from the radio station for the fees and costs incurred by the personal lawyer… [
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