Cases and items related to equal employment opportunity

Cases and items related to equal employment opportunity
Source: EEO/iNews – iNews Related to Equal Employment Opportunity, © 2009 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.
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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

Public Citizen’s Cert Petition of Public Interest for 1-9-09 Conf here

SCOTUSblog’s Petitions to Watch for 1-9-09 Conf here; 1-16-09 Conf here

Ross Runkel’s US Sup Ct Employment Law Cases – Pending & decided here

Petition for Cert Granted:
Crawford v. Metro Gov't of Nashville & Davidson County, No. 06-1595
Title VII/retaliation
October 8, 2008 Argument Transcript here
SCOTUS docket here
SCOTUSWIKI here
Noted here: HR Hero

14 Penn Plaza LLC v. Pyett, No. 07-581
Enforceability of collectively bargained arbitration clause
December 1, 2008 Argument Transcript here
SCOTUS docket here
SCOTUSWIKI here
Noted here: HR Hero

AT&T v. Hulteen, No. 07-543
Title VII/Denial of pre-’79 pregnancy leave service credits in computing pension
December 10, 2008 Argument Transcript here
SCOTUS docket here
SCOTUSWIKI here
Noted here: HR Hero

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?
SCOTUS docket here

Selected Pending Petitions for Certiorari:
Ricci v. Destefano, No. 07-1428
Title VII
SCOTUS docket here
Noted here: Wait a Second!; Boston.com; Connecticut Employment Blog

Martin v. Howard University, No. 08-204
TVII/Workplace stalking
Petition for Rehearing to be considered 1-9-09
SCOTUS docket here
Noted here: Alexis A. Moore


Federal Appellate Court Decisions

Paul Mollica’s Daily Developments in EEO Law here

2nd Circuit

Meacham v. Knolls Atomic Power Laboratory, No 02-7378 (2d Cir. Jan. 7th, 2009)(Remand Order)
Age discrimination challenge to a 1996 RIF grinds on; Paul Mollica nicely sums up this most recent decision here

4th Circuit

Jones v. Calvert Group, LTD, No. 07-1680 (4th Cir. Jan. 5, 2009)
Reversing dismissal of 56yo Black fem computer operator/tech analyst’s discharge/retaliation claim but ordering dismissal of age, race, and gender claims for failure to exhaust

5th Circuit

Jones v Wal-Mart, No. 08-10115 (5th Cir. Jan. 6, 2009)(Unpub)
Affirming dismissal of Black fem cashier’s race/discharge claims for want of similarly situated to comparators

Cavalier v Clearlake Rehab Hosp, No. 08-20379 (5th Cir. Jan 7, 2009)(Unpub)
Affirming dismissal of Black Director’s claims of race-based HWE + constructive discharge

Crawford v. Baxter Healthcare Corp, No. 08-60502 (5th Cir. Jan. 6, 2009)(Unpub)
Affirming dismissal of Black fem’s race, retaliation/discharge claims


9thCircuit

EEOC v Serrano’s Mexican Restaurant, No. 07-1601 (9th Cir. Jan.5, 2009)(Unpub)
Affirming Trial Judge #2’s reconsideration-with-dismissal of Trial Judge #1’s order granting a new trial following JV for Def in EEOC’s religion, failure-to-accommodate suit. Got it?

11th Circuit

Lewis v. Asplundh Tree Expert Co., No. 08-11771 (11th Cir. Dec. 30, 2008)(Unpub)
Black worker flips dismissal, on FRCP 56(c) procedural grounds, of his Title VII claim of workplace harassment; evidence includes mock noose-lynching conduct

Commentary on previously reported Federal Appellate Court decisions

1st Cir.

Arbitration Agreement Precludes Title VII Case
Pelliter v. Yellow Transportation

A Questions of Employment Law: Anti-harassment policy is the best defense
Chaloult v. Interstate Brands Corporation

2nd Cir.

New Rights for Disabled Employees
Brady v. Wal-Mart Stores

4th Cir.

Reasonableness Not Required For Participation Retaliation Claim
Cumbie vs. General Shale Brick, Inc

8th Cir.

Promptly Paying Employee Backpay Negates Adverse Employment Action For Failure To Promote
Jackson v UPS


State Roundup

AK
NEWS
· · Alaska Bar Association Employment Section: Links to information distributed at meetings

AZ
FILED
· · Pima County Sheriff’s Department sued for retaliation/discharge by ex-fem ee who says she was fired after complaining about disability discrimination

NEWS
· · New genetic discrimination law will affect Tucson employers

AR
DECIDED
[12-31] Eighth Circuit declines to review $756K JVin EEOC religious bias case vs AT&T on behalf of Jehovah’s Witnesses

SETTLED
Producers Rice Mill Inc pays $350K through OFCCP to settle fem, non-Hispanic/hiring discrim claims; 41 to get jobs as machine operators or laborers

CA
DECIDED
St Ct App: Affirming JV for Orange County against dispatcher’s claim of disability (“thick blood”) discrim in failing to accommodate and initiate interactive process; noted here

FILED
Newport Beach sued by fired worker for disability (shoulder/back) discrim; lawsuit includes allegations that the employee was targeted for his sideburns and odd signature

NEWS
Recently published Shaw Velenza employment articles

Staring and Sexual Harassment at Workplace

Association of American Law Schools annual meeting to address sexual orientation/transgender issues here; race/gender issues here

Is $230K Contract to Cover up Sex Assault Enforceable?

New employment laws for ‘09

2008 California Supreme Court Decisions - Labor & Employment Law
Obtaining Releases From Terminated Employees

CO
NEWS
Fem CSU cop gets transfer as part of 1-10-08 settlement of her EEOC charge

CT
FILED
[12-12] Fem cop sues Norwalk for gender/transfer discrim

NEWS
State To Consider Transgender Anti-Discrimination Proposal; more here

DE
FILED
Fired Ex Dir of Julia A. Purnell Museum files EEOC charge; says discharge was connected to discrim because of medical condition

DC
NEWS
Councilwoman sponsoring bill to allow interns to sue for harass/discrim

FL
NEWS
Palm Beach Cnty Schools investigates Black Asst Supt’s claim of race discrim

GA
FILED
[12-15] Sole fem Sanitation Dept truck driver sues Atlantic City for sex harass

ID
SETTLED
Coeur d'Alene Paving Inc pays $60K to settle EEOC suit alleging 3 Black employees were repeatedly subjected to racial slurs and jokes by a foreman

IL
FILED
Sexual Harassment Lawsuit Filed by 2 Fem CO’s vs Warren County Sheriff’s Department


NEWS
Dewitt v Proctor Hospital ADA trial nigh; Wife says hospital fired her because of her husband's expensive cancer treatment

IN
NEWS
Trial is near in fem dispatchers’ suit vs Harrison County Sheriff

IA
FILED
Graham Wood Doors sued by Mexican-American fem for sex, national origin discrim + retal over promotions and wages

KY
NEWS
Sexual Harassment and Discrimination Lawsuit Against Elizabethtown Mayor May Be Dismissed
LA
NEWS
A great opportunity to integrate the construction unions

MA
FILED
Fired fem Deputy Tax Collector files twice vs Holyoke: An MCAD charge on 12-30 and a lawsuit on 12-31, alleging retaliatory discharge for prior/pending MCAD sex harass charge; more here
Black Muslim Moroccan-American sues State IT Dept for race/harass, discipline, promotion discrim

MI
FILED
[12-22] Port Huron FD named in EEOC sex/discrim charge for putting pregnant firefighter on unpaid LOA rather than modify her duties

NEWS
Kalamazoo City Commission debates LGBT discrimination law; more here
SETTLED
Fired White motor pool fleet mgr snags $425K on his race/discharge claim vs Genesee County

MN
SETTLED
$105K settles gender/HWE claims of Hastings (frmr) first fem cop

NE
FILED
Fem machinist sues Union Pacific Railroad for sex discrim; says she was laid off because of menopause

NH
DECIDED
[12-8] Court allows discovery of plaintiffs’ employment histories in Turnley et al v. Banc of America Investment Services, Inc. et al.

NJ
NEWS
Teaneck establishing employment discrimination committee?

NY
NEWS
Morgan Lewis to Kramer Levin defense legal team switch preceded Merrill Lynch religion discrim settlement with EEOC

SETTLED
$4.3M settles EEOC national origin discrim suit that said B&H photo and electronics equipment store paid Hispanic warehouse workers less and denied them promotions and benefits

NC
FILED
Hope Mills target of EEOC charge, but nobody’s talking

NEWS
Greensboro PD embroiled in race discrimination issues

OH
DECIDED
[12-9] St Ct App: Reversing dismissal of 55yo salesman’s age/discharge suit vs Rock- Tenn; noted here

FILED
[1-6] GL Direct sued for harassment/discrim + retal vs 4 Hispanic employees who say they were told not to speak Spanish at work

NEWS
Settlement talks stall: $700K diff twixt 2 Ohio AG fem ee sex harass victims and State. Fems want $900K, state offers $200K
Akron has improved minority recruiting for its most recent police class and plans to work with the Ohio Civil Rights Commission to further refine the process

PA
NEWS
EEOC v Aldi religion discrim suit on eve of trial; EEOC says Aldi refused to accommodate Protestant employee who wanted Sundays off

TN
DECIDED
2 down and 3 to go; Franklin FD pays $700K to settle 2 race discrim suits w/ 3 pending

FILED
Firefighter Files Discrimination Lawsuit In Federal Court vs Chattanooga
Unsuccessful fem applicant tells USDOJ that Pope’s Plant Farm prefers foreign-born workers

TX
NEWS
Sex harass matter vs Fed Judge Samuel B. Kent includes criminal charges
Dallas city hall hears complaints that DART favors Hispanics in hiring

SETTLED
Grand Prairie pays $150K to settle male firefighter’s claim that he was retaliated against for reporting harassment of fem firefighter; city moving to dismiss fem’s harassment/retaliation suit
UT
SETTLED
EEOC settles age discrim suit with Alpine School District over claims that it fired, failed to hire, denied transfers and training and harassed teachers age 40 and old; details to come


Topical

Age
Subjective criteria upheld

Congress
2009 likely to bring big changes to employment law

Dems/Obama planning to overturn Ledbetter; more here

A few predictions for 2009

Lilly Ledbetter Fair Pay Act and Paycheck Fairness Act scheduled for consideration on 1-9-09;

more here; here; here, here

Stop Feminist Wage Control: Paycheck Fairness Act

The Ledbetter Act: Sacrificing Justice for "Fair" Pay

Economy may delay ENDA

Workplace legislation coming to a head in Congress

House Packages Ledbetter and Paycheck Fairness Bills As Single Piece of Legislation

Complete Obama Administration, Labor and Employment Report Now Available Online

Sexual orientation discrimination and the Employment Non-Discrimination Act

Disability – ADAAA
Congress strengthens ADA by expanding definition of disability

Watch for more lawsuits alleging discrimination under the Americans with Disabilities Act

ADA Amendments: 2009 Update

OFCCP - The ADA Amendments Act of 2008: Frequently Asked Questions; noted here

Unpredictability will reign until EEOC offers some guidance

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 January 6, 2009 Bulletin here

Disability - General
Five Questions Regarding Reasonable Accommodation Employers Should Know The Answers To
Census - Americans With Disabilities: 2005

Census - Number of Americans With a Disability Reaches 54.4 Million

EEOC
Check here for periodically posted EEOC Informal Discussion Letters

[11-20] EEOC Meeting: Employment Discrimination Faced by Individuals with Arrest and Conviction Records; noted here

[1-14] EEOC/OFCCP Teleconference Hosted By Candidate Resources Covers Non-compliance And Associated Severe Penalties [$35 registraiton –Ed]

Enforcement
Obama Faces Legacy of Lawlessness at Justice

Gender
Stimulating Gender Equality

Part-Time Work Is Key to Retaining Female Doctors, Journal Concludes

Federally Employed Women concerned about Feds compliance with Federal Women’s Program + Management Directive 715 (MD-715)

Wage Gap by the Numbers

Women fired for taking too much time off for infertility treatments may invoke pregnancy discrimination act

Genetics
GINA: 2009 Update

Harassment
When the employer's harassment policy is ineffective

LGBT
Prediction: Sexual Orientation Will Become a Protected Class

Litigation
Data Mapping may help in-house counsel manage discovery burdens

Race
Ad Industry accused of long history of widespread racial discrimination

Keep Track of Follow-up Correspondence

Recruitment
Use neutral employment eligibility verification process to limit discrim claims

Religion
Clothing as an expression of beliefs

An 11th-hour rule from the U.S. Department of Health and Human Services is stirring national controversy

Democrats Eye Overturning Bush's Provider Conscience Expansion

Testing
Test for Dwindling Retail Jobs Spawns a Culture of Cheating; and here

USDOL
Higher and higher: OFCCP wins record annual number of financial remedies for more American workers than ever before

DOL Guidance on RFRA and Faith-Based Groups

Workplace
New Year Brings Lots of Compliance Issues for HR Professionals

Five “must haves” for your employee handbook

Employee Handbooks: Shelter From the Storm

Put Handbook Review on Your 2009 "To Do" List

Year in Review
Connecticut Employment Blog: here and here

2008 U.S. Supreme Court Decisions Labor & Employment Law


Articles/Reports/Books/Etc.


Articles
Accommodating Respectful Religious Expression In The Workplace; noted here, here

Strike Three: Umpire’s Demand for Discrimination; abstract, here

What Is the Settlement Rate and Why Should We Care?

noted here

Reports
The Potential Impact of the Obama Administration on the Labor and Employment Legal Landscape; noted here

Research Perspectives On Race And Employment In The Advertising Industry; noted here, here

Etc.
USDOL/ODEP – Survey of Employer Perspectives on the Employment of People with Disabilities; noted here

USDOL/ODEP- The Business Case for Hiring People with Disabilities; noted here


Foreign Spotlight


Australia
Survey: 42 % of surveyed Australian women professional engineers cite gender discrim in the workplace

The worst perpetrators of harassment and discrimination in the workplace are executives and managers

England
Fem Mgr claims sex discrim vs Halifax Bank of Scotland; says bosses accused her of having sex with a client and suggested that cleaning was women's work

Germany
German Women Disappointed by Job Discrimination Act