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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 current Sup Ct Watch list here
> SCOTUSblog?s Petitions to Watch for 1-16-09 Conf here; 1-23-09 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
o October 8, 2008 Argument Transcript here
o SCOTUS docket here
o SCOTUSWIKI here

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

AT&T v. Hulteen, No. 07-543
Title VII/Denial of pre-?79 pregnancy leave service credits in computing pension
o December 10, 2008 Argument Transcript here
o SCOTUS docket here
o SCOTUSWIKI 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?
o SCOTUS docket here

Ricci v. Destefano, No. 07-1428
Title VII/Whether municipalities may decline to certify results of an exam that would make disproportionately more white applicants eligible for promotion than minority applicants, due to fears that certifying the results would lead to charges of racial discrimination.
o SCOTUS docket here
o Noted here: SCOTUSblog (including filings); SCOTUSblog (summary); Connecticut Employment Law Blog; Yahoo News; Christian Science Monitor; New Haven Register; Law Memo; Business Insurance; The Washington Times; Meites Mulder

Selected Pending Petitions for Certiorari:

Martin v. Howard University, No. 08-204*
TVII/Workplace stalking
Petition for Rehearing to be considered 1-9-09
o SCOTUS docket here
o *Rehearing denied 1-12-09

Federal Appellate Court Decisions
> Paul Mollica?s Daily Developments in EEO Law here

10th Circuit

> Chapman v. Carmike Cinemas, No. 08-4043 (10th Cir. Jan. 12, 2009)(Unpub)
Reversing dismissal of fem projectionist?s sex harass-by-male-supervisor claim but affirming dismissal of co-worker sex harass and constructive discharge claims

> Trujillo v BOE of Albuquerque, No. 08-2029 (10th Cir. Jan. 9, 2009)
Affirming pro se Puerto Rican fem?s gender/NO failure to hire claims
§ Noted here: News West 9

Commentary on previously reported Federal Appellate Court decisions

4th Cir.
o Retaliatory Discharge Claim May Not Have to Be Specified in EEOC Charge
o 4th Circuit Decides Case On Exhaustion Of Administrative Remedies
Jones vs. Calvert Group, Limited

o 4th Circuit Remands ADEA Case For Discovery
Ray vs. Amelia County Sheriff?s Office

7th Cir.
o Muslim Associate States Cause of Action Against Large Law Firm For Post 9-11 Discrimination
Hasan v. Foley & Lardner

8th Cir.
o Appellate Court Upholds EEOC?s Religious Bias Verdict against AT&T
EEOC v AT&T

D.C. Cir
o EEOC Investigations Requires That Employers Notify Insurance Carrier
American Center v. Federal Ins. Co.

State Roundup

AL
> FILED
· [1-7] 3 Ex-Execs sue Zeigler for age (70, 60, 59)/constructive termination discrim
· 2 Black fem attys file EEOC race, gender/failure-to-promote charges vs ALAG

CA
> NEWS
· San Francisco Challenges Gender Biased State Health Insurance Law

SETTLED
· ICM and Broder Kurland Webb pay $4.5M to settle 2 Hollywood writer age discrim suits for 600 scribes

CT
> DECIDED
· CHRO: Part-time Claywell Electric employee for three weeks awarded $15K in emotional distress damages for sex harass; decision here

DC
> NEWS
· Jacksonville Jaguars assistant Tom Williams becomes first
Black head football coach at Yale

FL
> NEWS
· First female firefighter in Martin County reflects on good memories and challenges
· January 25 trial date in Black fem ex-Principal?s race/gender suit vs Brevard Public Schools canceled

IL
> FILED
· Pace Suburban Bus sued by 3Black ex-ees for race discrim
· Only White security guard sues Proviso Math and Science Academy for race/demotion discrim

> SETTLED
· $462K+ settles EEOC suit vs Dentist James L. Orrington for 18 ees re claims of sex harass, forced Scientology indoctrination + retaliation

IN
> FILED
· [1-12] USDOJ sues Gary for race discrim for hiring 7 Black EMT?s over higher ranked White applicants; read DOJ?s complaint here; DOJ press release here

IA
> NEWS
· Reality bruises myth of happy Hooters girl

MD
> FILED
· Sears sued by fem Dept Mgr for retaliation after she was fired for protesting sex harass of her ees
· Baltimore FD sued for disability discrim for terminating fem firefighter with short leg

MA
> FILED
· [12-16] MCAD charge says fem MBA Ex Dir was fired in retaliation for complaining about gender discrim/harass; more here; MCAD charge here

MI
> FILED
· Fowlerville Senior Center sued by Ex-Director for age discrimination, harassment, hostile work environment and retaliation

> NEWS
· Kalamazoo City Council repeals 12-08 LGBT protection ordinance; will revisit issue in February; more here; here

> SETTLED
· Detroit settles w/ 2 fem cops; one for $175K (retaliation/promotion denial) and the other for $60K (retaliation/promotion and transfer denial); settlement nigh in another fem cop?s gender discrim suit; or maybe its Dearborn

MN
> NEWS
· AARP joins Seagate age-discrimination case

MO
> NEWS
· Trial nigh in 70yo lung surgeon?s age/forced quit discrim suit vs Washington University
· Deposition: Ex-KC Mayor?s aide paints Mayor?s wife as a potty-mouthed co-worker in harassment/discrimination case vs City

MT
> SETTLED
· 2 fem Billings cops transferred as part of 11-24-08 $135K settlement of gender discrim complaints

NJ
> SETTLED
· $325K settles EEOC sex harass/retaliation lawsuit obo fem ees of AmerTac; seems alleged harasser is now top administrator for Closter

NM
> FILED
· [1-9] Luna Community College sued by USDOJ for sex harass of fem ex-ee by male ex-Prez, including unwanted physical contact of a sexual nature, unwanted sexual gestures, and repeated sexually explicit comments

NY
> FILED
· Knicks? Ed Curry sued for sex harassment by male driver; Curry considering defamation suit
· [1-7] Fired White fem staffer sues Greenburgh schools for race discrim; Greenburgh?s second suit in a month
· Nespresso USA target of NYDSHR charge alleging disability (panic disorder) and sexual orientation discrimination

> NEWS
· Greece BOE may release report on age/disability discrim commissioned following EEOC cause finding, lawsuit by 5 teachers and settlement
· Chemung Cnty reviewing CO?s claim that he was denied promotion to Sheriff?s Deputy because of age/race discrimination

NC
> FILED
· [1-9] 39 Black police officers sue Greensboro for racial discrimination etc; comes one week after White ex-PD Chief filed his own race discrim suit; more here

OH
> FILED
· Fem ex-Portage County Asst Public Defender uses for sex discrim; complains that office was fraught with derogatory, sexist, misogynist views of women

> NEWS
· Black fem Mansfield Wastewater Treatment Supv at core of race discrim suits may have been sleeping on the job; corrected story here

OK
> NEWS
· A 15-year-old racial-discrimination lawsuit filed by black police officers against the city of Tulsa may be closed soon

PA
> DECIDED
· Jury rules for Aldi?s in Sunday-based religion discrimination lawsuit

> NEWS
· PCHR evaluating whether it has jurisdiction to hear gay/discharge claim vs St. John?s Hospice
· June trial scheduled in race/gender discrim suit by 5 Black men vs Philadelphia Commission on Human Relations
· Allegheny Cnty mulling bill banning LGBT discrim; more here

SC
> NEWS
· Sexual Harassment Claims Against Georgetown Mayor

SD
> NEWS
· [1-12] Brookings SD BOE asked to include gender identity in discrim ban

TN
> NEWS
· Arte' Hotel target of EEOC charges alleging sex, national origin discrim + retaliation

TX
> DECIDED
· [12-30] Fed Magistrate recommends dismissal of rejected Black firefighter applicant?s race discrim suit vs Denton

> FILED
· Sexual Harassment Accusation Against Top Law Enforcement Official
· [1-9] Sikh Worker Sues IRS For Religious Bias Over Knife
· [1-8] Guy sues Hooters for sex discrim; denied job serving food and drink; and you may find this Iowa Hooters story interesting

> NEWS
· [1-7] EEOC dismisses fem Justice of the Peace?s charge vs Liberty Cnty
· [1-12] Black Principal loses grievance on his race/poor evaluations claim vs Natalia schools
· Beaumont postpones gender discrim investigation of PD pending appeal of 11-08 $150K JV to fem cop

UT
> DECIDED
· [1-12] Primary Residential Mortgage ordered to pay $300K+ in back pay to fem manager fired in retaliation for complaining about discrim

Full post as published by New York Public Personnel Law on January 19, 2009 (boomark / email).