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Labor & Employment Law

: New York Public Personnel Law

Cases and items related to equal employment opportunity

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Cases and items related to equal employment opportunity
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 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 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 and 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
* SCOTUSWIKI here
* LIIBULLETIN here

14 Penn Plaza LLC v. Pyett, No. 07-581
Enforceability of collectively bargained arbitration clause
* December 1, 2008 Argument Transcript here
* SCOTUSWIKI here
* LIIBULLETIN here
* Noted here: CCH

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
* SCOTUSWIKI here
* LIIBULLETIN here

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/White/Hispanic firefighters challenge New Haven CT?s rejection of promotion exam results because of disparate impact on Blacks
* SCOTUS docket here

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


Federal Appellate Court Decisions

* Paul Mollica?s Daily Developments in EEO Law here

8th Circuit
* Equal Employment Opportunity Comm'n v. Southwestern Bell Tele., L.P., No. 08-1096 (8th Cir. Dec. 19, 2008)
Absence of 50(b) motion in the trial court deprives Appeals Court of ability to consider AT&T?s appeal from J* for EEOC on its religion (Jehovah?s Witnesses)/failure-to-accommodate, discharge discrim suit

DC Circuit
* Adams v. Fed. Aviation Admin. , No. 071180 (D.C. Cir. December 19, 2008)
Dismissing Petition for review of FAA order denying exemption from Pilot Age 60 Rule

CAFC
* Davis v. Department of Homeland Security, No. 2008-3252 (C.A.F.C. Dec. 18, 2008)(Unpub)
Affirming MSPB?s dismissal of pro se fem?s sex harass/involuntary dismissal claims
* Noted here: Fedsmith

Commentary on previously reported Federal Appellate Court decisions

7th Cir.
* When is a supervisor not a supervisor?
* Andonissamy v. Hewlett-Packard Company


State Roundup

AL
* DECIDED
* [12-18] Jury tells Prichard to pay $235K to fem Police Chief for gender discrim
* [12-17] Fed Judge rules that plaintiff/employees? motion to disqualify defense counsel in HWE suit, cuz he was pre-suit investigator, is premature; order here; motion practice via here

AS
* FILED
* [11-18] Gilbert sued by Fem Water Dept ee for gender/promotion etc discrim

CA
* FILED
* [11-5] Diskeeper sued by 2 ex-ees for religion discrim for making Scientology a condition of employment; copy of lawsuit here
* NEWS
* McGuire Woods Online Media Presentation: California Employment Law Developments [12-11 Webinar; 2.5+ hrs, 105 Slides]

DC
* DECIDED
* [12-17] Fed Judge slams US Secret Service over failure to comply w/ discovery in Black agents? race discrim/promotion suit; more here, here

FL
* NEWS
* [11-20] Collier Cnty male mgr files EEOC charge over gender/assignment discrim + retal by fem supv; claims outlined here

GA
* FILED
* [11-18] Fired fem Warden sues Jackson Cnty Bd Commish pro se for sex discrim/harass + retal; read lawsuit here

IL
* DECIDED
* [12-18] St Sup Ct returns case of pharmacist?s religion-based objections to providing contraceptives to lower court
* NEWS
* Decatur's Human Relations Commission up to full strength to fight discrimination

IA
* NEWS
* Dubuque Human Rights Department sees rise in age + disability discrim claims

KS
* NEWS
* Ex-KC AG survives Special Prosecutor inquiry; but frmr admin asst?s EEOC sex discrim charge etc still pending

MD
* FILED
* Annapolis sued by Black fem Dir of Small and Minority Business Enterprise Development for race discrim; alleges intolerable working conditions and inappropriate racially insensitive remarks

MA
* NEWS
* Bacon Wilson: Grooming policies may be the basis of religious discrimination

MI
* FILED
* [12-18] Iraqi-born naturalized citizen sues Wal-Mart: Says he suffered from and was fired for opposing anti-Muslim/anti-Arab bias; more here

MN
* NEWS
* Stuffed monkey hanging from noose in St Paul FD garage prompts concerns about racism; outside investigator did not find the act to be racially motivated
* SETTLED
* [12-18] Stillwater Area Schools pays $134K to settle EEOC age/failure-to-hire discrim suit for 57yo unsuccessful job candidate

MT
* DECIDED
* Husband discharged by Missoula apartment complex for wife's performance suffered marital status discrimination
* NEWS
* MHRB to hear fem State Trooper?s gender/demotion claim in March

NJ
* DECIDED
* [12-18] St Ct App reinstates race discrim + retal suit vs NJ AG
* [12-1] NJDCR says that Middletown Township dismissed HRC member in retaliation for her ADA suit
* NEWS
* Metro Corp Counsel: When What You Don't Know Can Hurt You: Recent New Jersey Appellate Court Decision Extends Employer Liability to Unknown, Unreported Co-Worker Harassment

NY
* FILED
* [12-18] EEOC sues Eatons Neck Fire District for age discrim; says ENFD denied 65?s and over the right to accrue time toward a length of service award
* NEWS
* Report on First Sikh Global Civil Rights Conference
* [12-12] NYC Director of Aging Commish quit appears connected to secy?s sex harassment claim
* SETTLED
* [12-3] Successful mediation settles Black fem?s race/gender discrim suit vs NASCAR for ?$; more here

NC
* SETTLED
* [12-12] Smithfield Chicken ?N Bar-B-Q owner agrees to pay $825K, incl $375K atty fees, to ex-butler to settle same sex harass claims

OH
* FILED
* Gay Child Support Enforcement Agency ee sues Cuyahoga Cnty for denied promotions + too-high health care costs
* NEWS
* Cleveland Trans Gender bill will move in January, says sponsor

OK
* FILED
* [12-2] Oklahoma City University law prof sues for gender/race discrim; more here
VA
* FILED
* [9-17] Halifax Cnty Library named in EEOC discrim (diabetes)/failure-to-accommodate charge

WV
* DECIDED
* Jury: Terex and Superior Highwall Miners Inc must pay $1.8M for age/discharge discrim
* FILED
* [12-15}Third woman sues Southern West Virginia Community and Technical College for sex harass + retal by Student Services VP

WY
* NEWS
* National Guard survey reveals disinclination to report sexual harassment cases


Topical

Age
* American Historical Association - Age Discrimination and The Community of Historians: An Advisory Opinion from the Professional Division
* Incentive packages to encourage workers to leave must comply with OWBPA
* Age Discrimination - An Insidious Epidemic
Congress
* Will Congress Ban Sexual Orientation Discrimination?

Disability ? ADAAA
* 2009 EEOC Changes
* Disability Update from EEOC
* Disability shield is about to expand

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
Disability - General
* Is obesity an ADA impairment?

EEOC
* Check here for periodically posted EEOC Informal Discussion Letters
* EEOC Split Over Draft ADA Regs

Gender
* Bad Corporate News Finds Few Women on Board
* Restoring gender equality to America?s laboratories on agenda of House Science and Technology Committee

Harassment
* Workplace Investigations - Who Should Conduct The Investigation?

LGBT
* December Harvard Business Review Features When Steve Becomes Stephanie

Nat Origin
* Letter to the President Elect ? Our Workplace and Asian Pacific Americans

Race
* Race Perceptions In The Workplace (NPR audio)
* Black Coaches and Administrators hoping to make case out of absence of Black coaches
* More on Black lawyers at Covington Burling

Recruitment
* Reception Remains Lukewarm to Video Résumés

Religion
* HHS Issues Final Regulation to Protect Health Care Providers from Discrimination; [12-19] Fed Reg display here; more here; here
* Report on First Sikh Global Civil Rights Conference

USDOL
* Last-minute regulatory initiatives at OFCCP

Workplace
* Discrimination in the Workplace Sadly Continues


Articles/Reports/Books/Etc.


Articles
* Harvard Business Review: When Steve Becomes Stephanie; noted here


Foreign Spotlight


England
* MP: Equality Commission 'pays white staff more than ethnic minorities and men more than women'
* Employment Tribunal Service has yet to publish stats for 4/07-4/08
* Muslim Waitress Sues Over Sexy Work Dress

France
* Sarkozy acts for ethnic diversity; skeptics heard from here


###

Full post as published by New York Public Personnel Law on December 24, 2008 (boomark / email).

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