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U.S. Ninth Circuit Court of Appeals District Court abused discretion by denying enforcement of EEOC subpoena for “pedigree information” (name, Social Security number, last known address, and telephone number) for employees or prospective employees who took physical capability strength test charging party failed, on ground the information was not relevant.  District Court was free on...

U.S. Supreme Court Federal Arbitration Act preempted Kentucky Supreme Court’s ruling person holding a general power of attorney could not agree to arbitration for person granting the power, unless the power granted the representative specific authority to waive principal’s rights under the Kentucky Constitution to access courts and trial by jury.  Ruling violated FAA’s command...

U.S. Ninth Circuit Court of Appeals District Court properly granted hospital summary judgment against discriminatory removal claim.  Anesthesiologist’s unsatisfactory performance during surgery was legitimate, nondiscriminatory reason for removing her from schedule and not reinstating her.  Doctor did not raise a triable issue of fact on whether the reason was pretext.  She did not show there...

U.S. Ninth Circuit Court of Appeals District Court properly granted summary judgment against failure to provide reasonable accommodation claim, because employee’s requested accommodation of being restricted from visual or verbal contact with her direct supervisor was effectively a request for a new supervisor and per se unreasonable.  Her alternative request for reassignment in conflict with her...

Hawaii Occupational Safety and Health Division Administration recently warned employers when hazards created by violent coworkers, customers or others will violate Haw. Rev. Stat. § 396-6, the general duty clause in Hawaii Occupational Safety and Health Law. CPL 02-01.058, Enforcement Procedures and Schedule for Occupational Exposure to Workplace Violence, adopted March 1, 2017, available at...

U.S. Supreme Court Native American tribe’s sovereign immunity against lawsuits did not extend to tribal employee sued over actions he took within scope of employment when sued in individual capacity.  Tribe’s agreement to indemnify employee did not extend immunity.  Michigan v. Bay Mills Indian Community, 572 U.S, ___ (2014). U.S. Ninth Circuit Court of Appeals...

U.S. Ninth Circuit Court of Appeals District Court properly granted summary judgement against discrimination and retaliation claims, because former employee failed to raise a genuine dispute of material fact as to whether employer’s legitimate, non-discriminatory and non-retaliatory reasons for its actions were pretextual.  Starks v. Parball Corp., 2017 U.S. App. LEXIS 7043 (9th Cir. April...

U.S. Ninth Circuit Court of Appeals District Court properly granted summary judgment against breach of duty of fair representation claim because former employee failed to sue within six-month statute of limitations after union’s time for asserting grievances expired. District Court properly dismissed for lack of jurisdiction breach of contract claim against employer because district court's jurisdiction...