News Related to Civil Rights Litigation

News Related to Civil Rights Litigation
Source: iNews © 2009 John D. Sargent - eeoinews@yahoo.com - All Rights Reserved

U.S. Supreme Court

Public Citizen’s most recent Sup Ct Watch list here
SCOTUSblog’s most recent Petitions to Watch here
Ross Runkel’s US Sup Ct Employment Law Cases – Pending & decided here

October Term 2009

Certiorari Granted

Title VII Lewis, et al. v. City of Chicago, No. 08-974

When an employer adopts an employment practice that discriminates against African Americans in violation of Title VII’s disparate impact provision, must a plaintiff file an EEOC charge within 300 days after the announcement of the practice, or may a plaintiff file a charge within 300 days after the employer’s use of the discriminatory practice? (As described at SCOTUSblog)

SCOTUS docket here

Noted here: LawMemo; SCOTUSblog; LA Times; Chicago Tribune; Ford & Harrison; Ogletree Deakins


Selected Cases Pending Certiorari

Title VII Federal Express v. EEOC, No. 08-1500

If Title VII precludes the Equal Employment Opportunity Commission (“EEOC”) from bringing a direct action against an employer once the employee elects to requests the right-to-sue notice and files suit on the claims alleged in his charge, would it be inconsistent with Title VII to allow the EEOC to maintain perpetual jurisdiction to investigate the charge? (As described at Public Citizen)

SCOTUS docket here

Title VII Bennett v. Verizon Wireless, No. 09-141

1. Did the Second Circuit improperly apply the “pretext plus” standard, overruled in Reeves, when it determined Petitioner did not adduce sufficient evidence to defeat Respondent’s motion for summary judgment under Fed. R. Civ. P. 56?

2. What kind of evidence is enough to overcome the Respondent’s legitimate nondiscriminatory explanation for whatever action it took to allow a jury to infer discrimination under Fed. R. Civ. P. 56?

3. What weight should temporal proximity evidence be given beyond the prima facie case stage under Fed .R. Civ. P. 56? (As described at Public Citizen)

SCOTUS docket here


New York State

DECIDED

Suffolk County CC loses bid to dismiss disability discrim suit by security guard who claims school barred him from using a cane on the job unless he agreed to take an overnight shift

Judge Sanctions Firm that sued adversary in sexual discrimination lawsuit

FILED

Elmont Schools female clerk sues for sex discrimination; claims that she was demoted/transferred after complaining about offensive email/video

SETTLED

Thomas Dodge Subaru pays $132K+ to settle EEOC’s sex harassment and retaliation lawsuit