Choosing sides; California court says employer is not liable if it acts in good faith to fire an accused sexual harasser

Article Abstract:

The California Supreme Court ruled in Cotran v. Rollins Hudig Hall International, a 1998 case, that a company dismissing an an executive accused of sexual harassment could not be held liable if it did so on a reasonable, good-faith belief that the allegations were true. California businesses were alarmed by this ruling as the case meant that firing an alleged harasser, not just keeping one employed, was now a liability. Harassment investigators were relieved as they believe there are more harassers unpunished than innocents falsely accused.

Sexual harassment

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Take the money and sue; plaintiff who kept severance did not waive age-bias claim

Article Abstract:

The US Supreme Court ruled in Oubre v. Entergy Operations that an employee could file suit alleging that her dismissal violated the Age Discrimination in Employment Act even if she had signed a waiver agreeing not to sue. The court ruled that the doctrines of tender back and ratification do not apply to the Older Workers Benefit Protection Act (OWBPA), and an age-claim waiver is not valid unless it complies with the OWBPA.

Severance pay

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Success has its price; courts ok firing older, higher-paid workers to save money

Article Abstract:

The California Supreme Court let stand an appellate court ruling in Marks v. Loral Corp. in which an older, higher-paid employee who was fired to save the business money and a suit under the federal Age Discrimination in Employment Act as well as California's similar state statute resulted. The appellate court opinion shows how wage discrimination law has begun to tilt against employees.

Employment discrimination

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