Director Retains Standing to Sue Even After Removal from Board
A California appellate court has reversed a trial court decision that a director of a public benefit nonprofit lost her standing to sue the organization and another director for self-dealing and breach of fiduciary duty when she was removed from the board following initiation of her suit. In what is apparently a case of first impression in the state, the Court said that a close reading of the Corporations Code and the needs of public policy justified its ruling that the plaintiff could continue to lead the case.
Motion to Take Down Flag Fails to Obtain Votes to Pass
A bylaw “addendum” of the Chinese Consolidated Benevolent Association in San Francisco contains an unusual set of voting requirements that has required nearly six years of litigation to interpret. A Court of Appeal in California has affirmed a trial court decision that a motion to prohibit display of the Republic of China flag at Association meetings failed to pass despite having received a majority of the votes cast at an Association meeting.
Nonprofit can be liable for harassment of patient
A nonprofit healthcare organization can be liable for the sexual harassment of a patient by an employee of the organization, the Supreme Court of Washington has held. The Court said the organization can be strictly liable under the state anti-discrimination law and rejected the nonprofit’s argument that the standard of liability used for employment cases should apply to a claim under the public accommodations provision of the law.
No age discrimination against worker about to retire
The Court of Appeals of Minnesota has affirmed a district court ruling dismissing an age discrimination claim by an employee who was terminated and her position eliminated shortly after it became known that she wanted to retire within a year or two. It found that even though the employer’s comments were more than “stray remarks,” the employee did not show that the corporate reorganization was merely a pretext for discrimination.
Court upholds constitutionality of parsonage allowance
The Seventh Circuit Court of Appeals has affirmed the constitutionality of the “parsonage allowance” that allows ministers to avoid income tax on a “rental allowance”” paid as part of compensation to the extent “used to rent or provide a home.” The Court says it “falls into the play between the joints of the Free Exercise Clause and the Establishment Clause: neither commanded by the former, nor proscribed by the latter.”