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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 1-23-09 Conf here
* Ross Runkel?s US Sup Ct Employment Law Cases ? Pending & decided here

Petition for Cert Granted:

Argued

Crawford v. Metro Gov't of Nashville & Davidson County, No. 06-1595
Title VII/retaliation
* October 8, 2008 Argument Transcript hereo:p>
* SCOTUS docket here
* SCOTUSWIKI here

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 herean>
* SCOTUSWIKI here

Awaiting Argument

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?
opan style='font:7.0pt "Times New Roman"'> 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.
* SCOTUS docket here
* Noted here: Business Insurance; Adjunct Law Prof; New Haven Register; The Dartmouth

Federal Appellate Court Decisions

* Paul Mollica?s Daily Developments in EEO Law here

4th Circuit
* Belyakov v Leavitt, No. 07-2140 (4th Cir. Jan. 21, 2009)(Unpub)>
Affirming dismissal of Russian DHHS staff scientist?s NO + retaliation claims

* McNeal v. Montgomery County, No. 07-1323 (4th Cir. Jan. 20, 2009)(Unpub)
Affirming dismissal of Black male?s age and race/failure-to-promote + retal + HWE claims

5th Circuit
* Barnett v The Boeing Co., No. 08-20232. (5th Cir. Jan. 15, 2009)(Unpub)
Affirming dismissal of fem?s sex harass-by-male-coworker + retaliation claims

* McNeil v BMC Software Inc, No. 08-20290 (5th Cir. Jan. 15, 2009)(Unpub)
Affirming dismissal of Black fem Director?s HWE claims etc

* EEOC v Agro Distribution LLC, No. 07-60447 (5th Cir. Jan. 16, 2009)
Affirming dismissal of EEOC?s disability (anhidrotic ectodermal dysplasia) failure-to-accommodate case and assessing $225K fees and costs
* Noted here: Jottings by an Employer?s Lawyer; What?s New in Employment Law

6th Circuit
* Ladd v. Grand Trunk W. R.R., Inc., No. 07-2512 (6th Cir. Jan. 14, 2009)
Affirming dismissal of Black fem welder?s sex- and race-based harassment and retaliatory discharge claims

7th Circuit
* Jackson v. City of Chicago, No. 07-3772 (7th Cir. Jan. 13, 2009)
Affirming dismissal of Black carpenter?s race/failure-to-promote claims

8th Circuit
* Betton v. St. Louis County, Mo., No. 07-1634 (8th Cir. Jan. 16, 2009)(Unpub)
Reversing dismissal of 5 employees? claims of retaliatory transfers/assignments following complaints of race discrim

9th Circuit
* Nasser v. AT&T Corp., No. 07-15845 (9th Cir. Jan. 12, 2009)(Unpub)
Affirming dismissal of sex harass claim; distasteful skit was not sufficiently severe to create an abusive working environment; Dissent begs to differ

Commentary on previously reported Federal Appellate Court decisions

* 7th Cir.
* Seventh Circuit revives attorney?s post-9/11 discrimination claims
Hasan v Foley & Lardner LLP

* 9th Cir.
* Serrano's wins in religious discrimination case
EEOC v Serrano?s Mexican Restaurant

State Roundup

AZ
* NEWS
* HB2228 (Ableser) Extends the statute of limitations for civil actions alleging employment discrimination to two years from one year.

AR
* NEWS
* Ex-Water Dept ee?s disability/retaliation lawsuit vs Mountain Home set for April trial

CA
* DECIDED
* [1-20] Jury: Contra County Assessor must pay $35K to Black fem for retal/failure-to-promote for complaining about race/sex harass
* FILED
* [12-22] Nixon Peabody sued by ex-associate for gender/national origin discrim; more here; complaint here
* NEWS
* Los Banos Police Chief, subject of discrim complaints, steps down

DC
* FILED
* [1-12] ACLU sues US State Dept for disability discrim vs HIV-positive job seeker
* SETTLED
[1-15] Former gay outreach director, DNC, settle discrimination suit

FL
NEWS
* FL bill introduced to prohibit discrimination based on sexual orientation and gender identity or expression
* [1-14] FCHR marks 40 years of fighting discrimination
* Discrimination Complaints on the Rise in Florida
* [1-20] FGCU adds 'sexual orientation' to non-discrimination policy
* FILED
* Fulton County Sheriff?s Office named in sex harass suit by 4 fems alleging touching, lewdness and forced inappropriate contact

IL
* DECIDED
* Fem Principal?s sex harass + retaliation suit vs Bourbonnais Elementary School District 53 dismissed; appeal planned
* FILEDnt>
* Producer of Baby on Board sued by fem PA for sex harass, HWE + retal
* NEWS
* IDHR Director Rocco Claps interviewed; noted here
* Update on ITVP?s race/NO/religion discrim suit vs Rend Lake College
* SETTLED
* McLean Cnty pays $5K to settle HWE claim by fem ex-employee

IN
* DECIDED
* >[1-5] Creed v. Family Express Corporation: Retail Employer Can Fire Transgender Employee for Violating "Dress Code"

IA
* NEWS
* Senator Grassley grills FBI head concerning retaliation against whistleblowers

KY
* DECIDED
* Judge boots some claims from fired White fem Principal?s race discrim suit v Fayette County BOE etc. But wait! There?s more - Article has links to these docs from the case:
* The lawsuit
* 2 Affidavits
* Atty-to-Atty letter about interrogatory answers
* BOE?s Motion to Compel
* Principal?s answers to discovery
* Grievances against Principal

MD
* DECIDED
* [1-16] Black fem Howard Cnty teacher loses bid to return to class room

MA
* NEWS
* More on MBA 12-11 termination of fem Exec Dir and resulting MCAD gender discrim charge

MS
* NEWS
* 2 rejected Rochester firefighter applicants appeal dismissal of their Native American/gender discrim complaint

MO
* FILED
* [1-16] 63yo fem non-renewed Principal sues Pembroke Hill School for age discrim

NJ
* DECIDED
* [12-15] Anderson v. DSM N.V., et al: Disability claim dismissed because Plaintiff Was Not ?Otherwise Qualified? to Perform the Essential Functions of Her Job
* FILED
* [1-14] Lockheed Martin sued by women for class-based sex/denial of opportunities for advancement discrim; more here
* NEWS
* [1-13] Teaneck fires Township Mgr following string of harassment lawsuits

NY
DECIDED
* [1-13] St Ct App: Matter of Vinluan v. Doyle says it is not criminal for nurses claiming discrimination to quit or for attorney to advise clients that they could quit; noted here, here
* SETTLED
* Naomi Campbell settles national origin discrim etc suit by Romanian ex-maid

NC
* FILED
* 59yo magistrate denied 4 year reappointment; files EEOC age discrim charge

NC
* [1-12] T-N-T Carports sued by EEOC for religious harass of fem evangelical; says she was called devil-worshipper
* NEWS
* Fired Black fem United Way CEO releases 12-22 EEOC charge alleging race/gender discrim; United Way says it will fight the charges

ND
* NEWS
* Groups pushing legislation to ban discrimination against gays and lesbians

OH
* SETTLED
* 2 fem ex-ees to split $495K to settle sex harass claims vs OAG office

OK
* SETTLED
* [1-16] Tahlequah Public Works Authority votes to pay $8.2K to settle employee?s an age discrim claim

PA
* DECIDED [1-7] Hispanic cop?s discrim lawsuit vs Bethlehem trimmed; harass/HWE claims dismissed but race, NO/promotion claims can go to trial
* FILED
* Sexual Harassment Lawsuit Filed Against The University of Pittsburg Medical Center
* [1-16] JetBlue Airways and Delta Air Lines sued; fem flight attendant says she was flight-blocked because she wasn?t dressed provocatively enough
* NEWS
* Proposed Allegheny Cnty bill would prohibit discrim based on gender identity and sexual orientation etc; draws large crowd; more here

SC
* FILE
* [1-19] 2 White fem Corrections Dept ees sue for race/gender discrim etc; allege a climate of racial favoritism etc.

SD
* NEWS
* Rapid City Alderwoman wants GLBT protection in City?s anti-discrim laws

TN
* NEWS
* ARTE' Hotel accused of firing gay workers; Hotel Owner Denies Firing Gay People
* House speaker denies he sexually harassed female lawmaker

TX
* FILED
* [1-6] More on Sikh kirpan-based religion discrim suit vs IRS/FPS
* Nooses, racist name-calling and KKK symbols alleged in discrim suit vs FMC Technologies
* [1-12] Former KDFW reporter sues station, alleges racial bias
* NEWS
* More on rejected guy-server applicant?s sex discrim suit vs Hooters; and here, here

VA
* FILED
* [1-7] Baptist Minister sues Cardinal Health for religion discrim + retal, saying he was forced to work on Sunday and fired after complaining
* NEWS
* Charlottesville?s plan to address discrimination and racism debated
* Laconic Law Blog: Top Ten Issues In Employment Law For HR Professionals In Virginia in 2008
* ?Pay Your Taxes,? and Misclassification Of Employees As Independent Contractors Causes Problems
* 2008 Amendments To The Americans With Disabilities Act
* Supreme Court Expands Scope of Retaliation: Significantly
* Employer Not Participating In Interactive Process Is Not Acting In Good Faith
* Reason For Termination Of Employee Not Provided In Response To EEOC Charge Found To Be Pretext For Discrimination [That?s all so far ? Ed.]

WI
* NEWS
* UW-La Crosse appeals ALJ?s decision that male candidate was denied Deanship of the School of Science and Health because of sex discrimination
* WLJ?s Wisconsin Sup Ct 2008 Year in Review includes some employment decisions

Topical

Age
* Ageism exists in film industry, says Meryl Streep
* Why Does My Severance Agreement Say I Should Consult An Attorney?

Congress
* American Association for Affirmative Action Issues ?Legislative Wish List? for 111th Congress
* More on the Lilly Ledbetter Fair Pay Act/Paycheck Fairness Act:
* Will Lilly Ledbetter prevail?
* Here Comes The Ledbetter Amendment To Title VII
* Ledbetter Wage Discrimination Bill Looks Likely to Pass
* Fair pay acts will hamper recovery
* Bills give wage-discrimination victims more legal clout
* Summary Thoughts on the Paycheck Fairness Act;
* Bill Targeting Gender-Based Salary Bias Clears Senate Hurdle
* Lilly Ledbetter Fair Pay Act Heads Towards Final Senate Passage After Cloture Vote
* Two Sides of Fair Pay
* Pay discrimination may get back its day in court
* House passes Paycheck Fairness Act

Disability ? ADAAA
* On January 1, 2009 the ADA Amendments Act of 2008 Became Effective
* While waiting for EEOC?s new regs, be cautious when determining disability
* EEOC needs funding to fulfill Obama pledge to fight disability discrim

Disability - Disability and Business Technical Assistance Centers (DBTAC)
* 1-15-09 Mid-Atlantic DBTAC Newsletter here
* 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
* U.S. Department of Labor leads new work group of 18 agencies focused on federal employment of people with disabilities
* USDOL/ODEP: ?Employment First? Creating Opportunities To Move To Integrated Employment

Diversity
* Obama Inauguration Gives Hope to Diversity Exec
* Trickle-Down Diversity Isn?t Enough
* Firms, GCs to Develop a 'Best Practices' List for Diversity, Work-Life Balance
* Can Companies Survive Without a Concern for Diversity?

EEOC
* Check here for periodically posted EEOC Informal Discussion Letters
* EEOC Report Addresses 21st Century Federal Hispanic Employment Issues
* Asian-American employees underreport discrimination, report finds

FRD
* More companies nurturing baby-friendly atmosphere

Gender
* [2-20] U Pitt Law Conference: The Gender Wage Gap: Strategies for the Future

LGBT
* Gay But Equal? - Obama should abolish the now moribund Commission on Civil Rights and replace it with a new commission that would address the rights of many groups, including gay

Litigation
* Damages in Employment Law Cases>

Race
* Fewer Call Racism a Major Problem
* Why Race Is Still Important
* Talk About Race? Relax, It?s O.K.
* More on race discrimination in the Ad Industry
* Working blacks at Madison Avenue
* African-Americans Dramatically Underrepresented in Ad Industry
* More on political/racial bias at USDOJ
* Internal Report: Racial and Political Bias at Justice Department
* The DOJ?s Civil Rights Division: ?Adherents of Mao Need Not Apply?
* A Shocking Look at Bush's Civil Rights Boss

Recruitment
* New Year?s Resolution: Review The Job Application
* Employment Applications: Common Errors, Omissions, and Red Flags

Religion
* 7 states sue over Bush rule on health workers; more here; here

Retaliation
* Federal law urged to protect women from retaliation for reporting workplace stalking

USDOL
* OFCCP's Accessible On-Line Application Requirement
* OFCCP Presentation on Accessible Online Application Directive Now Available

White House
* Civil Rights Agenda; noted here

Workplace
* Change at the White House: What About the Workplace?
* Tips for a Layoff or Reduction in Force in Troubled Times
* Handling Employee Terminations in Turbulent Times

Articles/Reports/Books/Etc.

Articles
* A Lawyer's Worst Nightmare: The Story of a Lawyer and His Nurse Clients Who Were Both Criminally Charged Because the Nurses Resigned En Mass; noted here
* Revolution in Pragmatist Clothing: Nationalizing Workplace Law; noted here
Books
* Racial Slurs and Discrimination: Is It Real or Is It Imaginary?, noted here
* Racism in the 21st Century - An Empirical Analysis of Skin Color, noted here
* And Justice for All: The United States Commission on Civil Rights and the Continuing Struggle for Freedom in America; noted here
* Employment Law for Business; noted here
Etc.
* ABC/WAPO Poll: Fewer Call Racism a Major Problem Though Discrimination Remains; noted here, here
* Public Policies and Women's Employment after Childbearing; seen here

Foreign Spotlight

Australia
* Harnessing Diversity: Addressing Racial And Religious Discrimination In Employment; noted here

Canada
* When drunkenness and sexual harassment allegations collide: making sense of a messy situation

England
* A Christian relationship counsellor who was dismissed after he refused to give advice to same-sex couples has lost his claim for religious discrimination
* Global Study Shows People With Schizophrenia Both Expect And Experience Discrimination (Indigo Study)
* Settlement reached for fireman disciplined for refusing to hand out leaflets at gay pride march .
Belgium
* Are Young and Old Workers Harmful for Firm Productivity?, seen here

Norway
* Monopsonistic Discrimination, Worker Turnover, and the Gender Wage Gap [We found this while perusing here-Ed.]

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Full post as published by New York Public Personnel Law on January 26, 2009 (boomark / email).