Labor & Employment Law

iNews Related to Equal Employment Opportunity

________________________________________________________________________
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.

EEO/iNews is a free publication of EEO Services by John D. ?Jack? Sargent. Mr. Sargent retired as a Supervisory Trial Attorney from the U.S. Equal Employment Opportunity Commission (EEOC) in 2004. EEO/iNews is not a publication of the EEOC. Mr. Sargent is not associated with the EEOC. This is information, not legal advice. Please do not rely on EEO/iNews for analysis of any issue. We are not responsible for news content. Some links may have expired or require sign-up or subscription. Mr. Sargent is not compensated for news connected to a service or product. Mr. Sargent relies on free Internet sources for EEO/iNEWS. EEO/iNEWS contents do not necessarily reflect the views of Mr. Sargent.

Please direct corrections, comments, questions, subscription requests and inquiries to Mr. Sargent at eeoinews@yahoo.com. Corrections will be published as soon as practicable

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

Ø Ø Public Citizen?s most recent Sup Ct Watch list here
Ø Ø SCOTUSblog?s most recent Petitions to Watch here
Ø Ø Ross Runkel?s US Sup Ct Employment Law Cases ? Pending & decided here

Petition for Cert Granted:

Decided

Crawford v. Metro Gov't of Nashville & Davidson County, No. 06-1595
Title VII/retaliation: (From SCOTUSwiki): The Court unanimously concluded that the ordinary meaning of ?oppose? includes giving a ?disapproving account? of unlawful behavior, even if the employee takes no further action on her own to seek to stop or remedy the conduct. Accepting the rule set forth in the EEOC?s Compliance Manual, the Court concluded that ?When an employee communicates to her employer a belief that the employer has engaged in . . . a form of employment discrimination, that communication virtually always constitutes the employee?s opposition to the activity.? The Court held open the possibility of ?eccentric cases? in which the employee makes clear his approval of the conduct in conveying the information (for example, describing a racist joke as hilarious probably wouldn?t count as opposing the joke-telling).
o o January 26, 2009 decision here
o o SCOTUS docket here
o o SCOTUSwiki here

14 Penn Plaza LLC v. Pyett, No. 07-581
Enforceability of collectively bargained arbitration clause
(From SCOTUSwiki): Justice Thomas?s majority opinion held that nothing in either the National Labor Relations Act, which controls collective bargaining agreements made on behalf of union members, or the ADEA forbids unions from mandating arbitration to resolve statutory discrimination claims. The majority touted the importance of allowing parties to bargain contractually for exchanges of rights and responsibilities, and it noted that courts should generally not interfere in this process. According to the majority, ?[t]he decision to fashion a [collective bargaining agreement] to require arbitration of employment-discrimination claims is no different from the many other decisions made by parties in designing grievance machinery.?
o o April 1, 2009 decision here
o o SCOTUS docket here
o o SCOTUSwiki here
o o Noted here: Baker Hostetler; Colorado Employment Law Blog; Constangy

Argued - Awaiting Decision

AT&T v. Hulteen, No. 07-543
Title VII/Denial of pre-?79 pregnancy leave service credits in computing pension
o o December 10, 2008 Argument Transcript here
o o SCOTUS docket here
o o SCOTUSwiki here
o o Noted here: Work Place Prof Blog and Ross Runkel, each noting post-argument briefs on the effect of the Lilly Ledbetter Fair Pay Act on the case

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 o March 31, 2009 Argument Transcript here
o o SCOTUS docket here
o o SCOTUSwiki here

Ricci v. Destefano, No. 07-1428 and 08-328
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 o April 22, 2009 Argument Transcript here
o o SCOTUS docket here
o o SCOTUSwiki here
o o Cornell Law School/LII here
o o Noted here:
· · Pre-Argument: South Florida Times; Yahoo News; Bloomberg; A DC Observer; National Law Journal (as noted at Workplace Prof Blog);VDARE; Washington Post; CT Law Tribune; Workplace Prof Blog (a collection of links to previewing the issues); USA Today; NY Times; WSJ; Christian Science Monitor; NPR;
· · Post-Argument: Legal Times; DailyMe; UPI; AP; Connecticut Employment Law Blog; CNN; Hartford Courant; Workplace Prof Blog; NY Times; Christian Science Monitor; Washington Post; SCOTUSblog

Awaiting Argument

Selected Cases Pending Cert:

Grubb v. Southwest Airlines, No. 08-873
Propriety of the continued application of burden shifting under McDonnell-Douglass and its progeny for FMLA and ADA cases in general, and FMLA entitlement/interference cases and ADA reasonable accommodation cases in particular (Public Citizen)
o o SCOTUS docket here

Oakley v. City of Memphis, No. 08-744
T VII (Ed. ? According to Public Citizen, the issues appear similar to Ricci, above)
o o SCOTUS docket here

Baxter v. Healthcare Corp., No. 08-960
TVII ? Summary Judgment standards
o o SCOTUS docket here

McKnight v. Gen. Motors Corp., No. 08-1113
ADA ? Benefits to former employees
o o SCOTUS docket here

Adam v. Salazar, No. 08-1097
ADEA ? Burdens of proof + bifurcation issues
o o SCOTUS docket here

Federal Appellate Court Decisions

Ø Ø Paul Mollica?s Daily Developments in EEO Law here

5th Circuit

> Braymiller v. Lowe?s Home Improvement Center, No.08-50831 (5th Cir. Apr. 17, 2009)(Unpub)
Affirming dismissal of 59yo Store Mgr?s age/discharge claim

> Drake v. Nicholson, No. 07-60855 (5th Cir. Apr. 20, 2009)(Unpub)
Affirming dismissal of Computer Spec?s multiple claims of retaliation

> Martin v. Waring Investments Inc., No. 08-60599 (5th Cir. Apr. 20, 2009)(Unpub)
Affirming dismissal of 63yo White male convenient store manager?s age/sex/race discharge claim

7th Circuit
> Winsley v. Cook County, No. 08-2339 (7th Cir. Apr. 22, 2009)
Affirming dismissal of Black female nurse?s race and disability + retaliation claims, noting that driving is not an ADA major life activity

> Antonetti v. Abbot, No.08-1647 (7th Cir. Apr. 21, 2009)
Affirming dismissal of race/national origin/retaliation-discharge claims re 3 White Instrument Techs

8th Circuit
> Wallace v. DTG Operations, Inc., No. 08-1474 (8th Cir. Apr. 17, 2009)
Affirming JV ($10K wages; $20K comps; $220K atty fees) for fired rental car company station manager on her sex harass-based retaliation/discharge state law claims; but reducing punitive damages award from $500K to $120K)

Commentary on previously reported Federal Appellate Court decisions

> 3rd Cir.
o o No need to accommodate shorter commute
Parker v. Verizon PA Inc
o o Court Grants Additional Compensation To Plaintiff To Offset Tax Liability
Eshelman v. Agere Systems, Inc

> 9th Cir.
o o 9th Circuit Joins 6th on Transgender Cases
o o Transgender Plaintiff Can Bring Case Based Upon Sexual Stereotyping
o o Transgender Discrim = T7 Sex Stereotyping
Kastl v. Maricopa County Community College Dist.

> 10th Cir.
o o Refusal to take lessons to improve English did not cause discharge
Zokari v. Gates

State Roundup

AZ
> NEWS
· · Phoenix PD defended against claims of race discrim

AR
> NEWS
· · Univ. of Arkansas at Little Rock hosts "Transgender People and the Law" on Mon., April 27, 2009
> SETTLED
· · [4-17] ABC Financial Services pays $20K to settle pregnancy/discharge suit by EEOC; EEOC PR here
· · Ashley Cnty changes policy to settle EEOC ADA complaint; will no longer require ees to report possible side effects from drugs

CA
> DECIDED
· · St Ct App: Affirms JV for $1.1M+ vs Pasadena FD for subjecting a firefighter to a fitness-for-duty examination and retiring him, failing to provide a reasonable accommodation for his perceived disability, and failing to engage in an interactive process
> FILED
· · [3-30] 2 fem ex managers sue Press Democrat etc for sex harass/retal
> NEWS
· · Litigating the Glass Ceiling: Dukes v. Wal-Mart; and noted here
· · CDEFH job discrimination claims on the rise
· · [4-15] Trial starts in fired male manager?s gender/discharge suit vs Jo-Ann
· · Male Victim of Sexual Harassment and Retaliation at Vons Looks to U.S. Supreme Court for Relief
> SETTLED
· · National trucking co pays $85K to settle Black fem driver?s race/sex harassment claims

CO
> NEWS
· · US Senator urges investigation of discrim etc claims by DIA TSA ees

CT
> DECIDED
· · St Ct App: Are Connecticut Courts Still Instructing Juries Using a McDonnell-Douglas Analysis? The Unanswered Question
> FILED
· · Fired Bridgeport Chinese fem IT Director sues for sex/national origin discrim
> NEWS
· · Sexual harassment at Foxwoods?

DC
> DECIDED
· · [4-6] EEOC sez TSA discriminated against a disabled employee at WDIA
> NEWS
· · [4-17] Two Defendants Dropped From Racial Discrimination Suit Against Covington & Burling

FL
> FILED
· · [4-16] Failure to provide ASL interpreter to fem hearing-impaired housekeeping applicant leads to EEOC disability discrim suit vs The Florida Institute for Neurologic Rehabilitation, Inc
> NEWS
· · Report details alleged sexual harassment at State Attorney's Office
· · Isiha Thomas hiring makes sex harass a hot topic at FIU; more here
· · Camden Cnty seeks removal to federal court of state race/gender/HWE suit by fem who was denied County Manager job
> SETTLED
· · [4-16] Nordstrom pays $292K to settle EEOC suit for Alteration Dept Mgr harassment of Blacks and Hispanics + retaliation

ID
> NEWS
· · Gender/wages suit vs Boise State claims fem Asst Track and Field Coach was treated as a personal servant by the male Head Track and Field Coach; Part I here; Part II here; Part III here

IL
> DECIDED
· · [4-16] St Sup Ct: Sangamon County Sheriff's Department liable for damages and legal costs in a sexual harassment case. decision here; See Paul Mollica?s commentary here
> NEWS
· · City Colleges of Chicago hopes for dismissal of fired fem HR administrator?s retaliation/promotion suit
· · Joliet Public School District 86 relents; after EEOC ADA charge, allows elementary teach with severe allergies to wear respiratory mask
· · International Profit Associates subject to EEOC suit for massive sexual harassment; now sued by ILAG for costumer fraud

IN
> FILED
· · [4-20] EEOC sues US Steel for disability/failure-to-hire discrim; EEOC PR here
> NEWS
· · 2 fem managers seek class certification in their gender discrim suit vs Rolls Royce for wages, promotions etc
· · IN General Assembly urged to provide real remedies for older workers who experience age discrimination on the job or seeking employment

KY
> FILED
· · Fem Fayette County Guidance Counselor sues for gender/promotion discrim
· · Fem CO sues Louisville Metro jail for discrim/sex harass/retal; alleged perp now works for State Dept Corrections
> NEWS
· · Gender discrim/retaliation suit vs Lexington and Urban County by 3 fem police dispatchers moves forward
· · More on Transportation Cabinet/OLC sex discrimination claims

MD
> DECIDED
· · St Ct App suspends atty for having a sexual relationship with an emotionally fragile client he was representing in an employment discrimination claim
> NEWS
· · [4-15] Annapolis mayoral candidates address discrimination/equality issues
· · [4-21] Frederick County changes policy; discrim now unlawful, not just contrary to public policy

MA
> NEWS
· · Amherst may extend protection to Transgenders
· · Emerson College target of MCAD tenure-denial race discrim complaints by 2 Black profs

MI
> NEWS
· · Jackson City set to consider ban on sexual orientation discrim
> SETTLED
· · $320K settles sex/harass + retal suit by fem ex-Waterford Township clerk

MN
> NEWS
· · St Ct App hears appeal in case involving frmr Girl Scout exec?s retaliation/age discrim claims
· · Minnesota Religious Discrimination
· · Home Depot sued by fem for male supervisor sex harass + retal; case removed to Fed Ct

MS
> SETTLED
· · Sonic to serve $40K to settle EEOC?s sex/harass suit for 3 fems; unrelated fem ass?t mgr?s sex/harass + retal suit vs another Sonic set for trial in Nov. [Ed: Sorry, I lost the link and can?t find it]

MO
> SETTLED
· · Poplar Bluff librarian assistant takes $45K to settle her religion discrim complaint; sez she was fired cuz she refused to attend a ?Harry Potter Night? promoting the publication of ?Harry Potter and the Deathly Hallows? in July 2007 - librarians were asked to dress up as wizards for the celebration; read the complaint here

NJ
> DECIDED
· · St Ct App: Fem Patterson police officer loses bid to set aside $215K discrim settlement agreement; sez her subsequent discipline was a breach
> NEWS
· · Passaic Cnty has new prosecutor; but $1M sex discrim suit vs ex goes on

NY
> DECIDED
· · St Ct App: Requiring a lifeguard applicant to take a swim test using a State issued ?Speedo? swimsuit is not an act of unlawful discrimination because of age; noted here
> NEWS
· · Sexual Harassment Liberally Interpreted Under NYC's Local Law
· · Legislature mulling HIV screening bill; people diagnosed with HIV are still subject to harassment and discrimination
· · Mexico School District subject of USDOE/OCR investigation for sex discrim + retaliation
· · [4-21] N.Y. Assembly Passes Trans Rights Bill
· · Q&A: Interviewer's personal questions are illegal
· · 2 fem cops? suit vs Deerpark for gender discrim for training, promotion and retaliation headed to mediation

NC
> NEWS
· · Discrimination: Who is disabled under North Carolina state law?

OH
> DECIDED
· · St Ct App: employers are required to provide a reasonable length of time for unpaid maternity leave
> NEWS
· · Sandusky fem Police Chief complains of sex harass and retaliation in federal lawsuit; denials here
· · More on sex harassment investigation of Streetsboro Mayor
· · [4-21] National Equal Pay Day (4-28) recognized at Columbiana Area Business and Professional Women's Club?s Wage Gap Seminar

OR
> NEWS
· · [4-17] OR bill would require State Universities to interview Black candidates for head football coach + other sports; would be the first state version of the NFL?s Rooney Rule
· · Pacific University May 5, 2009 Seminar: Designing Websites with ADA Web Standards [Ed.: Sez that seminar will be videotaped and posted online afterwards]
· · The Oregon Legislature is taking steps to keep Oregon's disability discrimination laws consistent with ADA

PA
> FILED
· · Fired male nurse (and ex-dancer) says he was subjected to a decade of sex harass by fem co-workers/supv at Henry Clay Villa; sez here he was a stripper
> NEWS
· · Management company pays big for pregnancy discrimination
· · Retaliation: Don?t sweat a post-discipline EEOC retaliation charge; referenced decision here
· · Lawsuits fly in Lancaster County involving Human Services Administrator; $300K+ paid out so far in settlements of age/disability/race claims; other suits pending
· · HB 300 would place sexual orientation and gender identity or expression as "protected classes" under the Human Relations Act

SC
> DECIDED
· · Dayco Prds prevails on ADA/discharge claim: An injured or ill employee who applies for total disability benefits while arguing that she is qualified for her job must be able to explain this apparent inconsistency in order to secure coverage under the ADA or related laws

TN
> FILED
· · Clarksville PD hit w/ another race discrim lawsuit
> NEWS
· · Frmr ee?s Native American/discharge discrim suit vs Dollywood set for December trial
· · AutoZone smacks EEOC at trial in fem sex/failure-to-hire claim; EEOC seeks reduction in atty fees to AutoZone from $118K+ to $26K+

TX
> DECIDED
· · White cop complains of race discrim over denial of position on Dallas narc squad
> FILED
· · [4-17] Anglo fem Director at Canterbury Court assisted living facility sues for reverse discrim + retal; sez she was the only Anglo and discriminated against because of her race and not speaking Spanish
· · [4-10] Ex-appellate section chief in the OAG's Child Support Division alleges she was fired after complaining about religious and gender bias; sez that OAG gives preference to Christian holidays
> SETTLED
· · [4-13] Would-Be Hooters Guy [Confidentially] Settles Sex Discrimination Suit; original complaint here. How timely ? Can Men Be Hooters Girls? When Can Businesses Hire only Women?

VA
> NEWS
· · Glass ceiling at the University of Virginia
· · Updated post on Virginia Tech?s Diversity Dilemma

WA
> DECIDED
· · Valley Fruit Orchards and Green Acre Farms etc told to pay $235K for discrimination+ vs 600 Latino farm workers; reduced from $1.8M
> FILED
· · [4-7] Suspended and banned Black volunteer basketball coach sues Lacey City etc for race/retaliation discrim
> NEWS
· · Vashon Island Fire & Rescue rocked by 66% share of expected $1.07M judgment on VIFR fem?s discrimination judgment
· · GM candidate for Washington Suburban Sanitary Commission has some explaining to do about prior race discrimination charges in Texas
· · Fem ex-Mercer Island city attorney/assistant city manager?s sex discrim/harass suit is background to mass mailing

WV
> NEWS
· · Beckley VA investigation leads to discipline of eight employees for engaging in sexual activities inside the hospital

WI
> NEWS
· · Sex harassment an issue in Racine Mayoral race
· · Fired Male Exec sues Krueger International; sez he was canned after confronting 70yo CEO about how his repeated affairs with female staffers were hurting the company

Topical

Age
Ø Ø Here are some tips for the older job seeker
Ø Ø Is there Really an Increased Amount of Age-Based Bias in the Workplace?

Disability ? ADAAA
Ø Ø Primer on ADA Amendments

Disability ? Federally Supported Online Resources
Ø Ø DBTAC: Disability and Business Technical Assistance Centers
Ø Ø 2008-09 ADA Employment Webinar Series
Ø Ø 2008-09 ADA Audio Conference Schedule
Ø Ø Northwest DBTAC Assistive Technology Conf set for May 19 & 26
Ø Ø JAN: Job Accommodation Network

Disability - General
Ø Ø Q&A: How to handle disabled employee?s request for transfer
Ø Ø Remind management: Don't consider temporary medical problems when making layoff decisions:
Ø Ø USDOL/ODEP Releases Roadmaps II

Diversity
Ø Ø Is our goal to end discrimination or to push diversity?
Ø Ø Diversity Programs Important During Recession
Ø Ø The DiversityInc Top 10 Companies for Asian Americans
Ø Ø Embrace the future: An attorney?s awakening
Ø Ø Diversity as Business Strategy: Company Faced Racial Tensions Head-On
Ø Ø Who Said: Edicts of nondiscrimination are not enough. Justice demands that every citizen consciously adopts a personal commitment to affirmative action, which will make equal opportunity a reality?
Ø Ø What Not To Say To A Mixed-Race Colleague (NPR Audio)

Education
Ø Ø Is Tenure a Trap for Women?

EEOC
Ø Ø Check here for periodically posted EEOC Informal Discussion Letters
Ø Ø Commish Griffin nominated by Obama to be OPM Depty Dir
Ø Ø Charges Up: Job bias claims set new record in 2008
Ø Ø How to Respond to an EEOC Complaint: 10 Steps to Success
Ø Ø Cutting $100M from the budget could make aggressive enforcement all but impossible except for the largest cases
Ø Ø Work-Life Balance: EEOC to Issue Employer Best Practices Document, Discuss Work-Life Balance
Ø Ø [4-22] Caregiver Responsibilities; EEOC issues: Employer Best Practices for Workers with Caregiving Responsibilities; noted here
Ø Ø EEOC/RAS: The role of EEOC?s Research and Analytic Services group

Gender
Ø Ø Promotions: Despite Ledbetter ruling, promotional bias still plagues American women
Ø Ø Sex Discrim in Science?: Some pushing for science to be ?Title Nined?
Ø Ø Hooters: Can Men Be Hooters Girls? When Can Businesses Hire only Women?
Ø Ø Ledbetter: Ledbetter Act Requires Employer Action Now
Ø Ø Globally speaking: Global Economy, Global Workplace, and Global Gender

Discrimination
Ø Ø Sonia Pressman Fuentes: Reflections by the first fem atty for EEOC?s OGC

Genetics
Ø Ø EEOC?s Proposed GINA Regulations Limit ADA Inquiries
Ø Ø Employers and Other Stakeholders Weigh in on EEOC's GINA Implementation

Harassment
Ø Ø Guppy Study [Yes ? Guppies!]: Sexual harassment from males prevents female bonding, says study
Ø Ø Reporting Harassment (or not)

LGBT
Ø Ø Federal gay rights legislation: time for a new, more sweeping approach?

Litigation
Ø Ø Summary Judgment: Advisory Committee on the Rules of Civil Procedure rejects proposals that defense lawyers had advanced to modify the rules for summary judgment
The Office TV Series: Blogging about discrimination issues
Ø Ø Manpower Employment Blawg

Race
Ø Ø [4-18] Durban Review Conf: US will not join the review conference; Obama flip- flop, sez here; more here, here
Ø Ø Tips for anyone who finds they are suddenly being stripped of their assignments at work
Ø Ø Journalism: Black Journalists Slashed from Newsrooms at Alarming Rate
Ø Ø Bad Idea: Rejecting candidates because of their neighborhood

Religion
Ø Ø Religious Hiring Discrimination Off White House Agenda
Ø Ø Miss USA runner-up: May have T7 discrim claim for consequences of her anti-same sex marriage answer

Training
Ø Ø Two New EEOC Settlements Show Value in Prevention
Ø Ø Tolerance: Employers who really want a workplace free of discrimination should actively teach tolerance

USDOL
Ø Ø Obama Nominates Kathleen Martinez as Assistant Secretary of Labor for the Office of Disability Employment Policy

Workplace
Ø Ø Behavioral interviews: Nothing short of pre-employment harassment in the wrong hands
Ø Ø Tip Of The Month: Best Practices For Compensation Audits
Ø Ø Documentation: Why Do Employers Need to Document Their Reasons for Terminations when Employment is At-Will?

Articles/Reports/Books/Etc.

Articles
Ø Ø Harassment: Systemic Harassment; noted here
Ø Ø Harassment: Teachers As Sexual Harassment Victims: The Inequitable Protections Of Title Vii In Public Schools; noted here
Ø Ø Gender Discrim: No Good Deed Goes Unpunished: Protecting Gender Discrimination Named Plaintiffs from Employer Attacks; noted here

Reports
Ø Ø Race and Gender in Baseball: The 2009 Racial and Gender Report Card: Major League Baseball (April 15, 2009); noted here
Ø Ø Chinese/Asian Discrimination: Still the ?Other?? - Public Attitudes Toward Chinese and Asian Americans (2009); press release; fact sheet; noted here
Ø Ø Latinos: Under Siege Life for Low-Income Latinos in the South (April 2009); noted here
Etc.
Ø Ø Essay: A Few Words in Favor of Cultivating an Incest Taboo in the Workplace; noted here
Ø Ø Disability: Roadmaps II - For Enhancing Employment of Persons with Disabilities through Accessible Technology; noted here

Foreign Spotlight

Canada
Ø Ø Minorities: Public Service needs more visible minorities, Senate told
Ø Ø Race: Black Halifax firefighters file discrim complaint with NSHRC

Denmark
Ø Ø Age: SAS target of age discrim ruling for declining to make pension payments for cabin workers after age 60

England
Ø Ø Race and Sex Discrim: Network Rail paid millions for claims of race and sex discrim

European Union
Ø Ø Age: The retirement age and the European Court of Justice Ruling
Ø Ø Minorities: European Union Minorities and Discrimination Survey; noted here

Full post as published by New York Public Personnel Law on April 24, 2009 (boomark / email).