From the Law Blogs

From the Law Blogs - week ending October 8, 2016

[Internet links highlighted in color]

Posted by NYMUNIBLOG

NYMUNIBLOG has posted a draft revision of learning standards issued by the New York State Department of Education to replace "Common Core."

Posted on the Internet at:
http://www.nymuniblog.com/whats-name-nysed-releases-draft-revision-learning-standards-replace-common-core/

Posted in Wolters Kluwer's WorkDayhttp://www.employmentlawdaily.com/ 

Supervisor’s bias against Hispanic or overweight employees supports non-selection claim

By Kathleen Kapusta, J.D.

Although a close call, a federal court in the District of Columbia found that an Hispanic employee who described herself as having “a body size which may be perceived by some as being overweight” established a fact issue as to whether Fannie Mae’s rationale for passing her over for a VP position in favor of a slender Caucasian woman was pretextual. One view of the evidence, said the court, was that the senior VP who drove the hiring process harbored biases toward Hispanic and overweight employees and selected the successful candidate not because she was more qualified but because she fit the demographic and personal appearance mold. Accordingly, the court denied summary judgment against the employee’s non-selection claims alleging racial discrimination under Section 1981 and racial and personal appearance discrimination under the D.C. Human Rights Act (Lapera v. Federal National Mortgage Association dba Fannie Mae).

The full text of Ms. Kapusta’s article is posted on the Internet at:

http://www.employmentlawdaily.com/index.php/news/supervisors-bias-against-hispanic-or-overweight-employees-supports-non-selection-claim/?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+CCH-Workday+%28WK+WorkDay%29

Other issues considered in WorkDay:

Report on advancing diversity in law enforcement released

Communications between union member and union representatives not privileged in civil lawsuit

Two-day delay in reporting sexual harassment dooms Title VII retaliation claim

 

Handwritten agreement to resign during mediation of administrative race bias charges was valid, uncoerced

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