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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.

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 Archives here

SCOTUSblog?s Petitions to Watch for 1-9-09 Conference here

Ross Runkel?s US Supreme Court 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

SCOTUS docket here

SCOTUSWIKI here

Noted here: Texas Lawyer

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

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: SCOTUSblog (argument recap)

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

Carras v. MGS 782 Lex, Inc., No. 07-4480 (2d Cir. Dec. 19, 2008)(Unpub)

Reversing dismissal of 62yo CFO?s age/discharge suit

Noted here: Wait a Second

3rd Circuit

Haybarger v. Lawrence County Adult Prob. & Parole, No. 07-3720, 07-3733 (3rd Cir. Dec. 31, 2008)

Affirming denial of Eleventh Amendment immunity-based dismissal in disability(diabetes)/discharge claim under the Rehab Act

4th Circuit

Tsai v. Maryland Aviation, No. 07-1511 (4th Cir. Dec. 31, 2008)(Unpub)

Affirming dismissal of Burma native?s national origin/failure-to-reclassify claim

5th Circuit

Taylor v. UPS, No. 07-31000 (5th Cir. Dec. 30, 2008)

Reversing dismissal of Black Manager?s claims of discriminatory and retaliatory failure to promote and discriminatory and retaliatory pay disparity

6th Circuit

[Thanks to Sixth Circuit Cases]

Clack v Rock-Tenn Co, No. (6th Cir. Dec. 22, 2008)(Unpub)

Affirming dismissal of Black line-worker?s race/discharge + retaliation suit

9thCircuit

Linder v. Potter, No. 07-35496 (9th Cir. Dec. 22, 20080(Unpub)

Reversing dismissal of disability (mental impairment) suit; Plaintiff may be able to show that he is substantially limited in the MLA of thinking and concentrating

10th Circuit

Semsroth v. City of Wichita, No. 07-3155 (10th Cir. Dec. 22, 2008)

Reversing dismissal of 1 fem cop?s gender/HWE + retal claims; affirming dismissal of similar claims of 2 others, but noting that the ?allegations and summary judgment evidence in this case are quite troubling?

Noted here: The Wichita Eagle

11th Circuit

Woodruff v. School Bd. of Seminole County, No. 08-11798 (11th Cir. Dec. 19, 2008)(Unpub)

Reversing dismissal of Pre-K assistant?s disability (wheelchair user)/transfer discrim claim but affirming dismissal of remaining claims

DC Circuit

Baloch v. Kempthorne, No. 07-5330 (D.C. Cir. Dec. 30, 2008)

Affirming dismissal of Water Rights Specialist?s discrim, retal and HWE claims under TVII, ADEA and Rehab Act

Commentary on previously reported Federal Appellate Court decisions

1^st Cir.

Reduction in Force Sufficient to Overcome Pretext Argument in Retaliation Case

Dennis v. Osram Sylvania, Inc.

2^nd Cir.

Comparators In Employment Discrimination Case Must Be Similar

Billue v. Praxair

3^rd Cir.

School District Dismissal of Arab-American Not Discriminatory

Hasson v. Glendale School

7^th Cir.

Court lets discrimination suit proceed

Hasan v. Foley & Lardner, LLP

10^th Cir.

Laid-off workers win some discrimination lawsuits, lose some

Sanders v. Southwestern Bell Telephone

State Roundup

AL

NEWS

· More on civil contempt proceeding to enforce 1981 consent decree vs Jefferson Cnty re hiring of Blacks and fems

CA

DECIDED

[12-19] St Ct App reinstates fired 65yo Sonoma County Superior Court Commish?s age discrim claim; noted here; here

Privacy Rights Do Not Trump Plaintiffs' Right to Statistical Data

FILED

Dell layoffs lead to class action suit for age/gender discrim

Fired blind-eyed Kern Cnty firefighter files disability/discharge claim with CDFEH

NEWS

California Employment Law: Verbal Harassment at Workplace

When racist comments at workplace amount to race discrimination

San Fran challenging state legislation that allows insurance companies to charge women more than men for health coverage

Black worker, suing Merced Irrigation District for race discrim/harass etc, put on paid leave

SETTLED

Sierra Pacific Industries pays $110K to settle EEOC religion discrim suit alleging failure-to-accommodate Seventh Day Adventist on the swing shift

CO

FILED

[12-23] 21 Ethiopian immigrants file EEOC charges claiming race/NO discrim vs Wally Park at DIA

CT

DECIDED

6 Black + 2 Hispanic Greenwich cops will go to trial on their discrim/HWE claims in the spring

DC

FILED

Ex-Pilots Sue United + AL:PA For Age Bias

FL

DECIDED

Judge rules against nurse with multiple sclerosis in claim vs Bay Pines VA Medical Center

FILED

Fired fem tells EEOC she was fired for greeting callers w/ Merry Christmas; files religion discrim charge vs Counts-Oakes Resorts Properties Inc; and here, here

NEWS

FGSU rewriting discrim/harass policies following near-$5M to settle 3 gender suits in ?08

SETTLED

AutoZone to pay $150K in male mgr-on-fem ees sex-harassment case

GA

NEWS

Simmering: Fem server?s EEOC sexual harassment charge vs Chili?s cooks

HI

NEWS

HI job discrimination cases jump after years of decline

IL

DECIDED

[11-18] Connolly v First Personal Bank: ADA does not allow pre-employment screening based on legally prescribed drugs

FILED

[12-31] Chicago FOP sued for race discrim; suit says FOP pays legal fees for White cops but not legal fees for Black cops

KY

FILED

[11-26] Fired fem DPW clerk sues Elizabethtown for sex harass by male Supt

MI

DECIDED

Detroit?s 36th District Court must pay a longtime White employee $424K because he was repeatedly denied promotions in favor of Black applicants; + $151K in fees and costs

FILED

[12-22] USDOJ sues Muskegon Cnty for sex harass of fem ex-ee; more here

NEWS

McBride v. City of Detroit: Inadequate Quest for Disability Accommodation Lands Chemical Sensitivity Case Before Jury

More on effort to repeal Kalamazoo gay/lesbian protection ordinance; and here

MN

DECIDED

[12-30] St Ct App affirms dismissal of fem subcontractor-owner?s personal claim of sex harass vs. Zeman Construction Co; noted here

MO

FILED

Missouri National Guard accused of favoring less qualified white males over Blacks and women for promotions; National Guard refutes claims here

NJ

DECIDED

[12-19] Ex-Teaneck cop wins JV of $4.1M; says he was victim of retaliation for supporting fem cop?s discrim claim

[12-29] St Ct App affirms dismissal of fired flight attendant?s age discrim suit vs Continental

FILED

[12-24] Bridgewater PD sued for disability discrim by ex-dispatcher w/ Irritable Bowel Syndrome

NEWS

Age bias still pervasive in U.S. workplace

NY

DECIDED

NYDHR backs Black Schenectady Cnty Exec. Dir?s claims of promotion/raise discrim because of age, race and sex; more here

FILED

[12-17] Ex-YSL Beauté makeup artist sues under the ADA; says he was fired because a heart condition forced him to pare his travel schedule

NEWS

More on NASCAR race discrim/sex harass settlement w/ fired Black fem tech inspector

Wyeth Pharmaceuticals seeks dismissal of suit based on White fem manager?s comment ?I?m the head n? in charge?

SETTLED

[12-30] Merrill Lynch pays $1.55M to settle EEOC suit alleging discharge of Iranian Muslim quantitative analyst because of national origin/religion

[12-31] NYC pays $225K to frmr secy of recently resigned Dept for the Aging Commish for sexual harass/discrim

CNMI

FILED

Defunct garment manufacturer Neo Fashion sued for pregnancy/discharge discrim

OH

DECIDED

[12-23] Jury finds age/race(B&W) discrim in Akron?s 2004 firefighter promotion exam; awards $1.8M

FILED

Messianic Jew accuses Marsh Industries and Mancan of religion discrim; says he was fired for refusing Saturday work

4^th grade teach files religion discrim suit vs OEA + CTO over compulsory union fees used to promote abortion and homosexuality

NEWS

Ohio Employer?s Law Blog: Top Ten Labor and Employment Law Stories of 2008; here, here, here, here, here

Investigation says ODOT employee w/ EEO duties sent racist/sexist emails; more here; here

Dayton negotiating w/ USDOJ to settle police/firefighter race/hiring suit; DOJ asking $1.5M

OCRC pregnancy-leave rule change still unresolved

Industrial Commission of Ohio head to step down this month; 11/08 report said ICO was plagued by allegations of racial discrimination and retaliation

PA

FILED

St Paul Homes target of amended complaint of age discrim by fired Dir of Maintenance Services

[12-22] Ex-Kingston detective sues; says he was target of false charges in retaliation for filing earlier disability discrim EEOC charge

[12-22] Dallas Borough moves to dismiss Ex-Police Chief?s age/disability discrim + retaliation suit

NEWS

Support for Allegheny Cnty sexual orientation/gender identity ordinance wavering; vote set for 1/15/09

SETTLED

Philadelphia Mortgage Services pays $17K+ to settle PHRC complaint of pregnancy/discharge discrim; PHRC press release here

TN

FILED

[12-24] Fired fem Germantown police lieutenant sues for gender/discharge discrim

NEWS

Employer bankruptcy does not stop EEOC proceedings

TX

FILED

Central Catholic High School fires fem teacher for marrying divorced man; EEOC charge filed

VA

FILED

[12-4] Age discrim alleged by 59yo med tech vs Greenbrier Clinic; says he was laid off then replaced by younger hire

NEWS

Ex-Principal alleges racial bias at Norfolk alternative school

WA

SETTLED

$3.745M settles sex harass/discrim + retal claims vs Thurston County by 3 fem ex-prosecutors

WV

FILED

2 fem CSX Transportation ees sue for gender/promotion discrim

Topical

ADR

10-Plus Tips for Succeeding in an EEOC Mediation: Part One; Part Two

Age

How to fight age discrimination in the workplace

Class Actions

Federal Managers Beware!! The Class Action Dragon Lurks!

Congress

Pending Employment Law Statutes

Disability ? ADAAA

Job Accommodation Network (JAN): Accommodation and Compliance Series:
The ADA Amendments Act of 2008

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

Epileptics In Stressful Jobs Can Handle The Pressure, Study Suggests

EEOC

EEOC And Cracker Barrel Sign Mediation Pact

Check here for periodically posted EEOC Informal Discussion Letters

Gender

What a pro-woman presidency looks like

Survey: Most Attorneys Working Part-Time Are Women

Harassment

If you are being harassed, investigate the harasser

A case of sexual harassment and mistaken identity in the digital age?

Litigation

Practical Tips For Being An Effective Deposition Witness

Law Firm Solicitation of Witnesses

Upswing In Employment Lawsuits Predicted

Recession Juries - Good or Bad for Employers?

Nat Origin

SHRM: One Workforce ? Many Languages: Many U.S. employers are investing in English classes to upgrade immigrant workers? skills

POTUS 2008 CAMPAIGN

Significant changes to the labor and employment laws that may occur with Barack Obama in the White House

National Grocers Association cautions Obama against punitive civil penalties for employment law violations, and expansion employment discrimination laws

National Women?s Law Center: President Obama and Congress Should Take Immediate Legislative Action To Improve the Lives of Women and Families

Race

Black Workers Hurt by Detroit?s Ills

Investigator Yanked!

Religion

Medical Conscience Rule Bush?s Last Moral Stand?

HHS Rule Out of Touch with Medical Reality

The Onus Is on Women or How the HHS Rules Keep Women In The Dark

Understanding the laws against religious discrimination will help create a more accepting workplace.

Workplace

EAPs and the Great Uncharted Territory of Cost-Benefit

Year in Review

Human Resource Executive Online

Articles/Reports/Books/Etc.

Articles

Recently Published Scholarship as noted at Workplace Prof Blog, 12-24-08

Recently Published Scholarship as noted at Workplace Prof Blog, 12-23-08

The Contours of a New FRCP, Rule 68.1: A Proposed Two-Way Offer of Settlement Provision for Federal Fee-Shifting Cases; noted here

Reports

NAACP Report: Out of Focus ? Out of Sync Take 4 A Report on the Television Industry (December 2008); noted here

Center for American Progress Action Fund Report - Lifetime Losses: The Career Wage Gap (December 2008); noted here, here

Foreign Spotlight

Australia

Report: Anti-discrimination laws to protect pregnant women workers and women on maternity leave are not working

Canada

Mandatory Retirement Cases are Still Relevant (Sometimes)

Mothers earn less than other lawyers: Study

England

Landmark rulings strengthen gay rights in workplace

'Wear high heels to embrace your feminity': Legal firm's advice to female lawyers

EHRC seeks protection for victims of homophobic harassment

Equality and Human Rights Commission Report: Insight: Work fit for all - disability, health and the experience of negative treatment in the British workplace; noted here

South Korea

NHRC urges Korean Air Lines Co. to stop banning male job seekers from applying for flight attendant positions

Corrections

Ø Our December 22, 2008 report of a settlement by Stillwater Area Schools in MN should have noted that the value of the settlement was $137K, not $134K

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Full post as published by New York Public Personnel Law on January 05, 2009 (boomark / email).