Civil rights - availability of s. 1983 - Ninth Circuit holds that s. 1983 is available to enforce Title IV-D of the Social Security Act. - Freestone v. Cowan, 68 F.3d 1141 (9th Cir. 1995)

Article Abstract:

The US Court of Appeals for the Ninth Circuit found in Freestone v. Cowan that Title IV-D of the Social Security Act could be enforced via private s. 1983 suit because the federal statute did not create adequate government enforcement mechanisms and Congress did not foreclose private suits. Though the Ninth Circuit's interpretation of the US Supreme Court's decision in Suter v. Artist M. resulted in allowance of the s. 1983 suit, the Court failed to set forth a clear test on when the remedy is available. The Court should have limited preclusion of s. 1983 to those statutes that only address obligations between the federal government and state governments.

Remedies, Civil rights, Child support, Right of action

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Contracts - independent contractor agreements - Ninth Circuit finds that misclassified employees are eligible for federally regulated employee benefits

Article Abstract:

The US 9th Circuit Court of Appeals held in Vizcaino v. Microsoft Corp. that Microsoft mistakenly mislabeled common law employees as independent contractors and must provide them with federally regulated employee benefits. The Court's characterization of Microsoft's actions as mistakes rather than deliberate calculations results in a weak ruling which will not deter future 'mistakes.' The Court should have set forth the per se rule that benefit waivers by misclassified employees are void.

Cases, Employee benefits, Independent contractors, Waiver (Civil procedure)

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Employment law - Title VII - sex discrimination - Ninth Circuit extends Title VII protection to employee alleging discrimination based on sexual orientation

Article Abstract:

In the case of Rene v. MGM Grand Hotel, Inc., the US Court of Appeals for the Ninth Circuit ruled that a gay hotel worker could sue his employer under Title VII for the sexual harassment he suffered at work. Although the Court's judges differed in their reasons, the Court basically concluded that claims for harassment because of sexual orientation are not barred under Title VII by the statute's language.

Sexual Harassment, Gays, Discrimination against gays, Sex discrimination, Employment discrimination, Case Note

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