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EEO/iNews from the United States Courts of Appeal

EEO/iNews from the United States Courts of Appeal
iNews Related to Equal Employment Opportunity
Source: iNews © 2009 John D. Sargent, All Rights Reserved

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Federal Appellate Court Decisions

Ø Paul Mollica?s Daily Developments in EEO Law here

3rd Circuit
> Della Ferra v. Potter, No. 08-3817 (3d Cir. May 4, 2009)(Unpub)
Affirming dismissal of 46yo White postal carrier?s age/race/sex/retal discrim claims

5th Circuit
> Puente v. Ridge, No. 08-40282 (5th Cir. May 12, 2009)(Unpub)
Affirming dismissal of fem Border Patrol Agent?s T7-based gender/retaliation claim that she was denied time to express breast milk; the Court: With so much agreement, we are left to puzzle over how this case has taken nearly nine years to reach us in a state where the parties disagree over what the disagreement is

> Knatt v. Hospital Service District No. 1, No. 07-31027 (5th Cir. May 12, 2009)(Unpub)
Affirming dismissal of Black Doc?s race/suspension claim and remand to resolve collateral issues; dissent would reverse based on evidence of epithets etc.

> Arensdorf v Geithner, No. 08-20712 (5th Cir. May 12, 2009)(Unpub)
Affirming dismissal of fired revenue officer?s age, gender, sex harass/HWE, retaliation etc claims

6th Circuit
> Bragg v. Flint Board of Education, No.08-1632 (6th Cir. May 13, 2009)
Affirming that multiple claims, including discrimination, are barred by res judicata

> Reed v. Int'l. Union, No. 07-2505 (6th Cir. May 7, 2009)
Affirming dismissal of claim that Union failed to accommodate member?s religious objection to union financial support
> Noted here: FYI: Central Ohio Employment Law Update; The Republic

8th Circuit
> Franklin v. Local 2 of the Sheet Metal Workers Int'l Ass'n, No. 08-2707 (8th Cir. May 14, 2009)
Black Union members lose appeal from bench verdict against disparate impact race claim but win reversal of dismissed retaliation claim

9thCircuit
> Franklin v. California Youth Authority, No. 07-55824 (9th Cir. May 11, 2009)(Unpub)
Affirming plaintiff?s JV on retaliation/discharge claim

Commentary on previously reported Federal Appellate Court decisions

> 3rd Cir.
> No Right to Wear Religious Headscarf Under Uniform "Neutrality" Policy
> Policewoman cannot wear hijab while in uniform
Webb v. City of Philadelphia

> 9th Cir.
> Ninth Circuit En Banc Finds GERA Valid under Section 5 of the Fourteenth Amendment
Alaska v. EEOC

Full post as published by New York Public Personnel Law on May 16, 2009 (boomark / email).