The following is a brief discussion of recent notable decisions affecting employers with regard to the provisions of the Family Medical Leave Act ("FMLA") and the Americans with Disabilities Act ("ADA"), their provisions and employer’s defenses to claims pursuant thereto.
Sexual Orientation is Irrelevant in a Title VII Sexual Harassment Claim
The Ninth Circuit Court of Appeals held in Rene v. MGM Grand Hotel, Inc. ("Rene"), that an individual’s sexual orientation is irrelevant in a sexual harassment claim brought pursuant to Title VII. The plurality’s opinion, which reversed and remanded summary judgment in favor of the employer, MGM Grand, can be summed up by Justice Fletcher’s comment: ". . . an employee’s sexual orientation is irrelevant for purposes of Title VII. It neither provides nor precludes a cause of action for sexual harassment." Expanding thereon, Justice Fletcher stated: "That the harasser is, or may be, motivated by hostility based on sexual orientation is similarly
