Source: EEO/iNews – iNews Related to Equal Employment Opportunity, © 2008 John D. Sargent, Esq., All Rights Reserved. Reproduced with permission. Please direct corrections, comments, questions, subscription requests and inquiries to Mr. Sargent at eeoinews@yahoo.com.
EEO/iNews
iNews Related to Equal Employment Opportunity
EEO/iNews is a free publication of EEO Services by John D. “Jack” Sargent. Mr. Sargent retired as a Supervisory Trial Attorney from the U.S. Equal Employment Opportunity Commission (EEOC) in 2004. EEO/iNEWS is published on Thursday, or otherwise as necessary. EEO/iNews is not a publication of the EEOC. Mr. Sargent is not associated with the EEOC. This is information, not legal advice. Do not rely on EEO/iNews alone for analysis of any issue. We are not responsible for news content. Some links may have expired or require sign-up or subscription. Mr. Sargent is not compensated for news connected to a service or product. Mr. Sargent relies on free Internet sources for EEO/iNEWS. EEO/iNEWS contents do not necessarily reflect the views of Mr. Sargent. Please direct corrections, comments, questions, subscription requests and inquiries to Mr. Sargent at eeoinews@yahoo.com. Corrections will be published as soon as practicable. Mr. Sargent’s mailing address is PO Box 832, Geneva, Ohio, 44041.
Thursday, November 20, 2008
________________________________________________________________________
EEO/iNews provides weekly links to Internet news related to employment discrimination based on race, sex, color, religion, national origin, age, disability, retaliation, FRD and LGBT. Some links may have expired or require sign-up or subscription. Links are sorted by
> U.S. Supreme Court
>Federal Appellate Court Decisions
> State Roundup
>Topical
> Articles/Reports/Books
>Foreign Spotlight
To begin, scan the link descriptions below and click.
U.S. Supreme Court
Ø Public Citizen’s most recent Sup Ct Watch List
Ø SCOTUSblog’s Petitions to Watch; 11/25 Conf
Ø Ross Runkel’s US Sup Ct Employment Law Cases– Pending and Decided here
Petition for Cert Granted:
Crawford v. Metro Gov't of Nashville & Davidson County, No. 06-1595
Title VII/retaliation
o October 8, 2008 Argument Transcript here
o SCOTUSWIKI here
o LIIBULLETIN here
14 Penn Plaza LLC v. Pyett, No. 07-581
Enforceability of collectively bargained arbitration clause
o Set for argument December 1, 2008
o SCOTUSWIKI here
o LIIBULLETIN here
o Noted here: AARP
AT&T v. Hulteen, No. 07-543
Title VII/Denial of pre-’79 pregnancy leave service credits in computing pension
o Set for argument December 10, 2008
o SCOTUSWIKI here
Selected Pending Petitions for Certiorari:
Ricci v. Destefano, No. 07-1428
Title VII/White/Hispanic firefighters challenge New Haven CT’s rejection of promotion exam results because of disparate impact on Blacks
o SCOTUS docket here
o Noted here: Connecticut Employment Law Blog
Martin v. Howard University No. 08-204*
TVII/Whether workplace/campus stalking constitutes sex harass + other issues described here
o SCOTUS docket here
o *Petition denied 11.17.08
Gross v. FBL Fin. Servs, No. 08-441
ADEA/Must a plaintiff present direct evidence of discrimination in order to obtain a mixed-motive instruction in a non-Title VII discrimination case?
o SCOTUS docket here
Federal Appellate Court Decisions
Ø Paul Mollica’s Daily Developments in EEO Law here
2nd Circuit
Alleyne v. American Airlines, No. 071386 (2nd Cir. Nov. 17, 2008)
Affirming dismissal of Black clerk’s untimely race-based seniority/discharge claims; 300 day deadline for EEOC filing ran from loss of seniority (>300 days), not termination (<300 href="http://www.ca3.uscourts.gov/opinarch/082370np.pdf">Sampath v. Concurrent Tech Corp., No. 08-2370 (3d Cir. Nov. 14, 2008) (Unpublished)
Affirming dismissal of race, national origin and retaliation claims involving pay, promotion and termination
4th Circuit
Ziskie v. Mineta, No. 062060 (4th Cir. Nov. 14, 2008)
Now retired fem air traffic controller flips dismissal of her sex/HWE claims; dismissal of retaliation claims affirmed
5th Circuit
Stover v. Hattiesburg School District, No. 07-60419 (5th Cir. Nov. 18 , 2008)
Affirming jury verdict rejecting Black fem’s constructive discharge claim etc; but reversing award to defendant of $144K+ atty fees
Jusuf v. Southwest Airlines Co., No. 08-10383 (5th Cir. Nov. 20, 2008)(Unpublished)
Affirming dismissal of Customer Service Supervisor’s (1) national origin (Indonesian)/discharge (accused of waiving upgrade fees) claim and (2) retaliation claim for reporting supv/subordinate affair
Garrett-Woodberry v. Mississippi Board of Pharmacy, No. 08-60372 (5th Cir. Nov. 20, 2008)(Unpublished)
Affirming dismissal of Black fem enforcement agent’s race/transfer claim and rejecting argument to aggregate to meet TVII’s 15 ee requirement
Washington v. M. Hanna Construction Co., No. 08-20351 (5th Cir. Nov. 14, 2008)(Unpublished)
Affirming dismissal of TVII pro se complaint’s various claims; also affirms imposition of $1500 in sanctions
9th Circuit
Rund v. Charter Communications, Inc., No. 07-15595 (9th Cir. Nov. 13, 2008) (Unpublished)
Affirming dismissal of state law disability/failure to accommodate, termination claims
10th Circuit
Carson v. Cudd Pressure Control, Inc., No. 07-6199 (Nov. 19, 2008)(Unpublished)
Reversing dismissal of disability/discharge complaint, finding that EEOC charge was timely under Holowecki
11th Circuit
Cordero v. State of FL Dept of E/P, No. 08-11213 (11th Cir. Nov. 17, 2008)(Unpublished)
Affirming dismissal of disability (morbid obesity) discrim and retal suit
Saunders v. Wal-Mart Stores, Inc., No. 08-10761 (11th Cir. Nov. 18, 2008)(Unpublished)
Affirming dismissal of termination claim under state law
DC Circuit
Montgomery v. Chao, No. 07-5255 (D.C.Cir. Nov. 14, 2008)
Affirming dismissal of Black Financial Specialist’s claims that he was denied a promotion and appointment because of race and retaliation
Commentary on previously reported Federal Appellate Court decisions
[4th Cir.]
o Officer who alleged whistleblower reprisals negated Title VII claims
Lightner v City of Wilmington
[6th Cir.]
o McDonnell Douglas Shifting Burden Of Production Does Not Apply Where Direct Evidence Is Present
Daugherty v. Sajar Plastics
[7th Cir.]
o 7th Defines Who Is A Supervisor Under Title VII
Andonissany v. Hewlett-Packard Co.
[8th Cir.]
o Company’s Adherence To Policies Can Defeat “Regarded As Disabled” Claim
Kosmicki v. Burlington Northern & Santa Fe Railway Company
State Roundup
AL
> DECIDED
· Defendant wins all/part of 4 Motions in Limine in retaliation/discharge action in Taheri v. Evergreen Aviation Ground Logistics Enterprises, Inc.
> NEWS
· Jefferson County Personnel Board: Consent Decree coming to end w/ $10M+ atty fees bill on deck
· Plaintiffs in Hutton and Whorton v. City of Fairbanks, Daniel Hoffman, and Brad Johnson HWE case move to disqualify Defendant’s trial counsel because he’s the same person who investigated the pre-suit HWE complaints (includes links to pleadings)
CA
> DECIDED
· Jury tells LAPD to pay $3.6M to guy cop who was demoted and punished for supporting sexually harassed fem colleague
> FILED
· 34 San Fran cops sue for age/promotion discrimination
> NEWS
· Trial starts of fem ex-Fresno DA employee’s gender and retaliation claims
· Mediation scheduled in ex-employee’s EEOC charge that she was fired from Shepard’s Gate for objecting to religious services
· UC Davis study: CA Women still lag in holding top business posts
> SETTLED
· Delta Valley Convalescent Hospital pays $65K to settle DFEH disability/failure-to-accommodate claim; noted here
· L.A. City Council pays $2.25M to female canine officer who claimed discrimination and retaliation
CO
> FILED
· 59yo fired manager sues Morgan Stanley for age discrim
> SETTLED
· Community College of Denver pays $81K to settle fired fem Prez’s discrim complaint
CT
> NEWS
· Norwalk adopts new AAP; will aggressively recruit minorities and women who are now underrepresented in the City Hall workforce
· Judge hears arguments to dismiss Greenwich Black/Latino cop race/failure-to-promote suit
> SETTLED
· Stamford loses summary judgment in West Indian cop’s failure-to-promote suit in July; promotion given Nov 5
DC
> NEWS
· Adams v. Rice: AARP backs challenge to US State Dept ban on fem ee’s appointment as foreign service officer because of a record of breast cancer
MA
> DECIDED
· MCAD closes South Hadley secy’s sex harass, NO and retal complaint vs Police Lieutenant
> FILED
· Fired deaf school custodian sues Waterboro for disability discrim
· Sandwich disputes fem cop’s sex discrim/harass complaint to MCAD
· Iranian-born U.S. citizen sues Sears; says his supervisor called him a terrorist, slurred him racially and denounced his religious views
> NEWS
· Grafton fem secy asks for new trial in “he-stared-at-my-breasts” case
MO
> FILED
· 3 fem on-air personalities at KMBC-TV sue for age/gender discrim; more here; here
> NEWS
· Positronic email appears to ban same sex couples from office Christmas party; fires employee who leaked email to media
> SETTLED
· KC Mayor’s wife pays $45K to win dismissal from frmr Mayor Aid’s discrim suit; suit vs Mayor and City continues
NJ
> FILED
· Ex-fem Fairfield Police Chief sues; says she was discriminated against as a woman and a lesbian and effectively driven from her job
NY
> DECIDED
· St Top Ct won’t hear ee’s appeal in “perceived disability” case vs Bates Advertising
· Jury: Nassau Cnty owes $1M to 3 fem ex-cops for sex harass and discrim; more here
> FILED
· Black ex-Railex warehouseman files noose-based HWE, retal/discharge suit
> NEWS
· Wyeth Pharmaceuticals tries to explain away manager’s use of N-word: Mgr’s affidavit here, WP’s Motion for Summary Judgment here
> SETTLED
· Fired 53yo exec settles age suit w/ Universal McCann for ?$ after company lost motion to dismiss case
· Ithaca City SD settles fem administrator’s gender/failure-to-promote suit for $25K
OH
> FILED
· Delaware Cnty dog warden, w/ pending religion discrim charge, fired
> NEWS
· Ohio Rehabilitation Services Commission director taking heat for firings, low morale; more here
PA
> DECIDED
· PHRC orders Plum Entertainment to pay fired fem $162K for sex harass and retaliation
· Jury tells Normandy Properties to pay fired pregnant fem $1.8M for pregnancy discrim
> NEWS
· Man files dozen lawsuits vs Newtown including claims of employment discrim
· Hohider v. UPS: AARP backs workers challenge to UPS limitations on worker return to work after medical leave
TX
> FILED
· Fem Mgr of David’s Bridal accused by fem ees of sex and race harass
· Dallas Area Transit Authority accused of favoring Hispanics, causing corrosive internal divide
VT
> NEWS
· 3-part series: Understanding Transgender; The Mental and Medical Sides of Transgender; Transgender Discrimination
WA
> DECIDED
· St Ct App affirms $1.5M+ JV for 3 fem ex-Thurston Cnty prosecutors on claims of sex discrim, HWE and retal; says here that atty fees may be another $1.5M
· St Ct App says "Blonde Jokes" Support Workplace Emotional Distress Claim; noted here
> FILED
· Former Ferndale Police lieutenant files discrimination suit against city
> NEWS
· Suit vs UW Police Dept for race, age, sexual orientation and religious discrim promises a unique level of difficulty
· Expeditors International to ban bias based on sexual orientation
WI
> NEWS
· Milwaukee Cnty dispatcher fired for botched domestic abuse call; but says the real reason is his earlier complaint of asthma-aggravating working conditions
· Fem City Health Administrator warns Racine that she may file age, disability, retaliation discrim complaint over “certain personnel actions”
Topical
ADR
Professor: Democratic Party control could ban mandatory arbitration
Age
Q&A: Considering an age bias case vs. ex-employer
Tips for employers in a toughening economy
Survey Says: Women experience age discrimination
Disability – ADAAA
Is the ADA Amendments Act Retroactive?
ADAAA broadens scope of covered employees
Disability - Disability and Business Technical Assistance Centers (DBTAC)
Check here for DBTAC-sponsored 2008-09 ADA Employment Webinar Series
Check here for DBTAC-sponsored 2008-09 ADA Audio Conference Schedule
Visit your Regional DBTAC website here for ADA news and information
Mid-Atlantic DBTAC November 15, 2008 Bulletin here
Disability - General
Safety Risks--Can You Require Physicals of All Employees?
Diversity
Diversity Programs: Not Just About “Soft” Skills
5 Ways Diversity Can Save Your Job
Things NEVER to Say to American Indian Coworkers
Discrediting the “Model Minority” Stereotype
EEOC
Check here for periodically posted EEOC Informal Discussion Letters
Gender
Sex and Spying: CIA Women Contest How Agency Deals With Foreign Affairs
Women Lag Far Behind Men in Workplace Power
How are women faring at corporate law firms? In short, the picture is fairly bleak
What Has Driven Women Out of Computer Science?
Harassment
Women experience more sexual harassment in work groups with male, female balance
LGBT
Study illustrates need for LGBT anti-discrimination laws; more here
The Office TV Series: Blogging about discrimination issues
Manpower Employment Blawg
POTUS 2008 CAMPAIGN
Obama Victory Means Changes for Employers
Obama posts campaign pledges on LGBT rights
With an African-American in the nation's top job, how will Barack Obama's election influence hiring across the U.S.?
Expansion of EEOC, OFCCP predicted under Obama
What Obama means for Labor and Employment Law
Employment Law: The Shifting Legal Landscape
Pregnancy
Compliance Materials Aid Battle Against Pregnancy Discrimination
Race
When It Really Counts, Qualifications Trump Race
Black Coaches and Administrators Group Hires Lawyer To Address Dearth of Black College Football Coaches
Don't Give Ammunition To Your Enemies
Time to Overcome Black Homophobia
Q&A: How to Deal With Discrimination at Work
Racial Wage Gap
In Bias Test, Shades of Gray
You Don't Have to Come Right Out and Say It!
Recruitment
Should You Be Asking Your Applicants About their Social Presence?
Religion
Protests Over a Bush Admin Rule to Protect Health Providers; more here, here, here
Workplace
8 common employee handbook mistakes, and how to avoid them
How to avoid a legal hangover from the office Christmas party
One Out of Four Workers Have Encountered Employment Discrimination
Articles/Reports/Books/Etc.
Reports
The Williams Institute: Evidence of Employment Discrimination on the Basis of Sexual Orientation and Gender Identity: Complaints Filed with State Enforcement Agencies1999-2007; noted here
Report Of The Third Annual National Survey On Retention And Promotion Of Women In Law Firms (November 2008); noted here; [2007 Report here; 2006 Report here]
UC Davis Study of California Business Women Leaders – A Census of Women Director’s and Executive Officers (2008), noted here
The Global Gender Gap Report (2008); noted here
Foreign Spotlight
Canada
8 fired fem Muslims settle w/ UPS over their discharge because of long skirts
Is it discriminatory to dismiss an alcoholic for stealing alcohol?
12.03.08 Mental Health Conference: Put Our Minds to Work: Re-thinking Mental Health and Illness in the Workplace
Manitoba Human Rights Commission Annual Report (2007); noted here
Religious Leave - A Menu Of Options
England
Equal Pay Gap Widens to 12.8%; survey here
Corrections
> Our 11.13.08 report of the $950K Lakeside Academy settlement in Ohio should have noted that the jury awarded $600K, not $650K+
###
