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Cases and items related to equal employment opportunity

Cases and items related to equal employment opportunity
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 Sup Ct Watch List for 12/12 Conference
? SCOTUSblog?s Petitions to Watch for 12/12 Conferences
? Ross Runkel?s US Sup Ct 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
? SCOTUSWIKI here
? LIIBULLETIN here

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

? SCOTUSWIKI here

? LIIBULLETIN here

? Noted here: Law.com; Examiner.com; Workplace Prof Blog (Preview); USA Today; Workplace Prof Blog (oral argument recap); Associated Press; NYTimes; CNN Money; Townhall; Ross Runkel

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

? Noted here: SCOTUSblog; Connecticut Employment Law Blog; Workplace Prof Blog; MULS Faculty Blog; Alaska Employment Law; MMM&G; World of Work

? Selected Pending Petitions for Certiorari:

Ricci v. Destefano, No. 07-1428
Title VII/White/Hispanic firefighters challenge New Haven CT?s rejection of promotion exam results because of disparate impact on Blacks

? SCOTUS docket here

? Noted here: Connecticut Employment Law Blog

Bowie v. Personnel Bd. of Jefferson County, Ala., No. 08-488
Title VII/ (1) Can a court-appointed receiver be sued as an employer under Title VII of the Civil Rights Act of 1964 for retaliatory employment decisions made during his receivership? (2) When a period of receivership ends during the pendency of a Title VII action, should the action continue with the original employer substituted for the receiver?

? SCOTUS docket here

Federal Appellate Court Decisions

? Paul Mollica?s Daily Developments in EEO Law here

1st Circuit
Pelletier v. Yellow Transp., Inc., No. 072627 (1st Cir. December 10, 2008)
Affirming order compelling arbitration of sex and age discrim claims

Dennis v. Slyvania, Inc., No. 072670 (1st Cir. December 10, 2008)
Affirming dismissal of Mgr?s retaliation/discharge claim etc.

4th Circuit
Ray v. Amelia County Sheriff?s Office, No.07-2051 (4th Cir. December 9, 2008)(Unpub)
Pro se fem flips dismissal of her age/discharge claims and motion to compel

Cumbie v. General Shale Brick, No.07-1723 (4th Cir. December 7, 2008)(Unpub)
Reversing dismissal of retaliation suit; DC failed to distinguish between participation or opposition claim; and did not have the benefit of SCOTUS Holowecki opinion

5th Circuit
Landavazo v. The Toro Co., No.08-50227 (5th Cir. Dec. 5, 2008)(Unpub)
Affirming dismissal of §1981 action for failure to state a claim

6th Circuit
McKnight v. General Motors, No. 07-1479 (6th Cir. Dec. 4, 2008)
Noting Circuit split, affirms dismissal and holds that frmr ees do not have ADA Title I standing to sue for post-employment fringe benefits discrim
Noted here: Ohio Employer?s Law Blog; Workplace Prof Blog; Employer Law Report

7th Circuit
King v. City of Madison, No. 08-2052 (7th Cir. Dec. 4, 2008)
Affirming dismissal of bus driver?s disability failure-to-accommodate + discharge suit :

8th Circuit
Jackson v. UPS, Inc., No. 08-1343 (8th Cir. Dec. 4, 2008)
Affirming dismissal of race, gender + retal/reassignment claims by Black fem driver; she fails to show ?adverse action? since Def took full-relief corrective action 90+ days after reassignment
Noted here: Ohio Employer?s Law Blog

DC Circuit
Am. Ctr. for Int'l Labor Solidarity v. Fed. Ins. Co., No. 07-7173 (D.C. Cir. Dec. 5, 2008)
Affirming dismissal of insured employer?s suit for reimbursement of TVII settlement $; notice of claim was too late

Commentary on previously reported Federal Appellate Court decisions

[3rd Cir.]
? Title VII Does Not Mandate A Happy Workplace
Sampath v. Concurrent Tech

[4th Cir.]
? Conduct Not Directed at Plaintiff May Support Claim of Hostile Environment
Ziskie v. Mineta

[7th Cir.]
? Title VII ?Supervisor? Must Affect Terms and Conditions of Employment
Andonissamy v. Hewlett-Packard Company

State Roundup

AL
? FILED
· Fired fem CSR sues DirectTV for sex harass

AZ
? NEWS
· Navajo Nation Human Rights Commission hears testimony on employment discrimination
· Tempe's Water Utilities Department under internal investigation for gender discrimination + retaliation

CA
? FILED
· Black Merced Irrigation District ee sues: Says he went from supervisor to weed sprayer and suffered retaliation + race harass/discrim for reporting unethical behavior including sexual improprieties
· Fired fem cop sues Paradise for gender discrim/harassment; says she was fired for dating male co-worker cop to whom she is now married
? NEWS
· More on American Apparel sex discrim etc. litigation
? SETTLED
· Cadit Co pays $37K to settle EEOC suit alleging racial slurs, harassment of Chinese-American welder

FL
? DECIDED
· St Ct App: FL sex discrim ban prohibits pregnancy discrim; and here
? FILED
· Coke Slammed With Race Bias Suit
? NEWS
· Gay Hess Express ee has no recourse for sexual orientation discrim; background docs here, here, here, here
· Rosen Hotels wins EEOC award
· Black Sarasota Cnty Schools Ass?t Supt complains of race discrim
· Gainesville to vote on sexual orientation and gender identity discrim ban

IL
? FILED
· Ex-WBBM-TV ee sues for race and sex discrimination after he was fired

IN
? NEWS
· Union County-College Corner School Board offers $5.5K to settle fem ex-ee?s reduction in hours/benefits discrim claim

ME
? DECIDED
· MHRC says fems subjected to HWE by Northeast Bank and fired for complaining
· MHRC says Eastern Maine Medical Center eliminated ee?s training duties because of mental health conditions

MA
? FILED
· Homeland Security embroiled in minority/promotion suit
? NEWS
· Small firms should be wary of discrimination rules
· New decision shaves MA employers´ right to enforce personal appearance policies

MI
? NEWS
· AT&T accused of discriminating against the NON-disabled
· Laid-off Watersmeet American Indian teacher waits on US OCR investigation of her race/retaliation charge
· Leflore County Board of Supervisors vote against providing attorney to Black Supervisor in White ex-Greenwood Leflore Hospital attorney?s race/discharge suit; official denies discrimination here
· More on decision denying summary judgment in fem employee?s chemical insensitivity suit vs City of Detroit

MO
? SETTLED
· Ex-aide vs KC Mayor Funkhowser settlement saga continues; and here, here, here, here; here

MT
? NEWS
· Fem?s gender bias claim vs Butte-Silver Bow going to hearing; in fact, its underway

NH
? FILED
· PC Connection sued for failing to hire transsexual for sales

NJ
? NEWS
· HIV harass suit by ex-Morris Cnty Sheriff?s officer moved to Sussex Cnty

NY
? DECIDED
· Jury gives $1.3M to Black Doorman/Porters in their race discrim claims vs Spitzer Sr.
· 3 fem ex-Nassau police detectives win $1M JV for rampant sexual harassment and discrimination
· St App Div denies disability/failure-to-accommodate claim since, at the time, law did not require reasonable accommodation; decision here
? FILED
· Versace USA sued by fem ex-exec ass?t for race/gender HWE; says she was forced to relay sexually explicit voicemail messages and was fired when she complained.
? NEWS
· Guv gripes about woman-less list of candidates to fill chief judge vacancy

NC
? DECIDED
· Jury: Arby's beats EEOC sex harass/discharge suit obo fem mgr + other fems
CNMI
? FILED
· Pacific Marine and Industrial Corp sued by fired 57yo ee for age/disability (brain injury) discrim

OH
? FILED
· Coldwater fourth grade teacher sues for religion discrim; says her union dues should not support abortion/homosexual rights
? NEWS
· Proposal to end discrimination based on sexual orientation will hurt business

OK
? NEWS
· EEOC pregnancy discrim charges have more than doubled in OK from 1998 to 2007.

OR
? NEWS
· More on American Indian ex-ee suit vs Clackamas Cnty for race discrim etc

PA
? DECIDED
· 3 judge panel reinstates male ex-Lock Haven women?s swim team coach?s gender/discharge suit
? NEWS
· Reflections on $1.8M JV [11.20.08] on woman?s pregnancy discrim claim vs Bethel Park

TN
? SETTLED
· Fired Knox County Community Services Director drops EEOC discrim/retal charge for $19K+; settlement agreement here

TX
? DECIDED
· St Sup Ct reverses (without oral argument) age/discharge JV for fired 66yo AutoZone Manager; more here
? NEWS
· DART race-based hiring practices flare at Board of Director?s meeting
? SETTLED
· $164K settles EEOC suit vs Stanley Automotive for retal/discharge of ee who investigated sex harassment allegations

VA
? DECIDED
· Jury: Hampton Roads Regional Jail didn?t discriminate in failing to hire one-armed officer applicant

WA
? DECIDED
· Jury clears Kitsap Cnty in retaliation/discharge suit
· Man?s Jewish discrim pro se suit vs Roy dismissed for failing to exhaust w/ EEOC
? NEWS
· Ex-Vancouver officer says he was fired in retaliation for supporting fellow cop?s discrim claim

WI
? DECIDED
· St Ct App affirms dismissal of 58yo firefighter applicant?s age/failure-to-hire suit vs City of Superior Fire Department
· Oshkosh wins dismissal of fired fem?s sex discrim suit
? FILED
· EEOC sues Chrysler for manager harass of 2 fems and retaliation when they complained
? NEWS
· Past race/sex discrim complaints have no bearing on Fox Valley Metro Police Chief?s retirement
· Ex-Racine ee appeals WDWD no-cause decision on her gender/HWE and retaliation/discharge claim
? SETTLED
· County Board [apparently Racine. Ed] pays $10K to settle disability claim (Charcot-Marie-Tooth disease) of former certified nursing assistant

Topical

ADR
Employer Demands Employees Sign an ?Agreement? After a Dispute Has Arisen

Age
Top 6 ways to avoid a Starbucks-type age discrimination lawsuit
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
Employee Medical Confidentiality - A Guide For Employers
Recession?s Bite Hits Americans With Disabilities Extra Hard

Diversity
Panelists Share Tips On Bolstering Workplace Diversity
Where's the Diversity Commitment From Yahoo! and Monster?
Why the Recession Won't Kill Corporate Diversity Programs
US NRC?s 12/9 slide show Briefing on EEO + Diversity Mgmt etc here
NCAA: Coaching continuity plans detrimental to diversity

EEOC
Check here for periodically posted EEOC Informal Discussion Letters
?Chronic Understaffing at the EEOC? listed as one of the 130 (And Counting) Executive Branch Failures Since 2000 [see p. 20. Ed.]

FRD
PA Governor?s gaffe and family responsibilities
More parents sue boss over family discrimination

Gender
When it comes to careers for women in science, engineering and technology, the glass ceiling seems to be just as intact as ever
Despite only one in five tech workers being female, positive discrim is not the right way to boost the number of women in the IT

Harassment
Office romance: Do you need a workplace dating policy?

LGBT
Does the Salvation Army discriminate against gay people?
Faith in the Workplace: LGBT Rights vs. Religious Expression

Litigation
Unconditional offer of reinstatement can minimize/avoid liability

Nat Origin
US Civil Rights Commission To Hold Briefing On ?Specifying English As The Common Language Of The Workplace: Every Employer?s Right Or Violation Of Federal Law??

The Office TV Series: Blogging about discrimination issues
Manpower Employment Blawg

POTUS 2008 CAMPAIGN
USDOJ Atty Gen nominee Holder was on the defense side in dozens of employment cases
Obama considering openly gay person for Labor Secy
Women with kids need not apply

?Your Seat at the Table? submissions:
? NHLA: An Evaluation of OPM?s Efforts to Improve Hispanic Representation in the Federal Workforce
? ACLU: Actions for Restoring America: Transition Recommendations for President-elect Barack Obama
? Leadership Council on Civil Rights

Race
A Word on Oral Warnings
Filing an EEO complaint is not an easy process
A call to civil rights action in college football
Study details the power of negative racial stereotypes
Racist Comments Made Outside of Work to People You Don?t Work With
Examine Your Employer's Complaint Process

Recruitment
Tension Levels Rise as Recruiters Deliver the Bad News

Religion
Religion at work: former EEOC chair discusses legal issues
Economy Is Wild Card In Faith-Based Debate

Workplace
Discrimination Suit Can Be a Damaging Workplace Distraction
Holiday Office Parties: What Issues Should an Employer Be Considering?

Articles/Reports/Books/Etc.

Articles
Recently Published Scholarship as posted on Workplace Prof Blog 12/8/08
Taking States Out of the Workplace

Reports
2003-2007 Report on Hate Crimes and Discrimination Against Arab Americans; noted here
Highlights Report 2008 ? Selected Results From The COACHE Tenure-Track Faculty Satisfaction Survey; noted here
EEOC: Report On The Hispanic Employment Challenge In The Federal Government; noted here
Unions and Upward Mobility for Women Workers; noted here
Broken Government: An Assessment of 130 (And Counting) Executive Branch Failures Since 2000; noted here [Ed. See p. 20 for ?Chronic Understaffing at the EEOC?]
Etc.

Policy Brief: Addressing Family Responsibilities Discrimination; noted here
Age discrimination and older workers: Theory and legislation in comparative context (2008)
2008 AALS Newsletter for the AALS Section on Employment Discrimination; noted here.

Foreign Spotlight

England
Why are so few cases of discrimination against homosexuals reaching tribunal?
Age discrimination claims triple in a year
Survey shows progress towards closing the gender pay gap went into reverse

European Union
The Employment in Europe Report (2008)

New Zealand
Discrimination and Pregnancy ? Employers Beware

Scotland
57yo fem replaced TV broadcaster wins £250,000 age settlement

United Nations
US has yet to ratify Convention on the Elimination of All Forms of Discrimination Against Women

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Full post as published by New York Public Personnel Law on December 15, 2008 (boomark / email).