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Labor & Employment Law
: New York Public Personnel LawCases 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
> FILED
· 2 more brings to 6 the number of pending complaints involving discrim/retal etc vs Yakima Police Chief
Topical
Congress
Ø House Passes Lilly Ledbetter Fair Pay Act/Paycheck Fairness Act:
· Feminist Majority Foundation; AP; CQ Politics; Bloomberg;
House Committee on Education and Labor;
New Jersey Employment Law Blog; NY Times; Media Matters; Aiken Gump; Power Line
Ø Proposed House Rules Include Gender Neutral Language Provisions
Ø Record Retention Nightmare Created by Ledbetter Fair Pay Act
Ø Dear Legislators: A Missing Link to Paycheck Fairness?
Ø On Comparable Worth, Pay Equity and the Paycheck Fairness Act
Ø The Ledbetter Act: Sacrificing Justice for 'Fair' Pay
Ø Lilly Ledbetter Is No Victim
Ø Trial Lawyer Bonanza ? Off and running with the 111th Congress
Disability ? ADAAA
Ø ADA Amendments Act Compliance Tips
Ø More on ADA Amendments Act
Ø What do the recent ADA amendments really mean to employers?
Ø Disability discrimination law will expand the plaintiff pool
Disability - Disability and Business Technical Assistance Centers (DBTAC)
Ø Check here for DBTAC-sponsored 2008-09 ADA Employment Webinar Series
Ø Check here for DBTAC-sponsored 2008-09 ADA Audio Conference Schedule
Ø Visit your Regional DBTAC website here for ADA news and information
Disability - General
Ø Reasonable Accommodation And The Issue of "Undue Hardship"
Ø Employee whose health is adversely affected by tobacco smoke residue has a cause of action under the ADA
Ø If an employer requires an employee to complete an inpatient alcohol treatment as a condition of keeping his job, does it regard him as an alcoholic?
EEOC
Ø Check here for periodically posted EEOC Informal Discussion Letters
Ø EEOC Issues Work Group Report On Federal Asian American And Pacific Islander Employment
FRD
Ø Q&A: Were transfer and denial of raise result of caregiver bias?
Gender
Ø Men losing jobs at higher rate than women in recession
Ø The Maternal Profiling Debate Continues
Ø Q&A: Salary discrepancy may not be discrimination
Ø FEW urges Obama to focus on EEO compliance
Litigation
Ø Employment Law Prediction: Jury Sympathies in Recession Times
Ø Recession-Era Juries a Hurdle for Business
Ø Employers counsel could not approach a potential witness and offer representation free of charge
Ø Seyfarth Shaw?s Fifth Annual Workplace Class Action Litigation Report Shows Financial Stakes in Workplace Class Action Litigation Continue to Surge
The Office TV Series: Blogging about discrimination issues
Ø Manpower Employment Blawg
Pregnancy
Ø New Studies on Timing and Extent of Maternity Leave Call for Expanded Access to Paid Leave
Race
Ø Fighting False Documentation
Ø Report Cites Political and Racial Bias At Justice
Ø Poll: Racial Discrimination Still Seen as Widespread
Ø Study: Racist Attitudes Are Still Ingrained; noted here
Ø Make Sure Your Issue is Race-Based Before Making the Allegation!
Ø Race discrimination issues in the Ad Industry: The Madison Avenue Project
§ DiversityInc; New York Post; NY Times; The Earth Times;
Business Week; ADOTAS; Mediabistro; Advertising Age; Louisiana Weekly; The Skanner
Religion
Ø HHS "Conscience" Rule: What About End-of-Life Pain Care?
Articles/Reports/Books/Etc.
Articles
Ø Recently published scholarship, as posted on Workplace Prof Blog 1/12/09
Ø Suja Thomas, The Fallacy of Dispositive Procedure; noted here
[Ed: Prof. Thomas, a friend of this newsletter as well as the Seventh Amendment, has written extensively against Summary Judgment/Motion to Dismiss practice. View her SSRN-posted Scholarly Papers here]
Reports
Ø USDOJ OIG/OPR: An Investigation of Allegations of Politicized Hiring and Other Improper Personnel Actions in the Civil Rights Division; noted here, here; here
Ø GAO Report: U.S. Postal Service: Age and Disability Diversity in the Executive Service
Ø EEOC: Asian American And Pacific Islander Work Group Report To The Chair Of The Equal Employment Opportunity Commission; noted here
Books
Ø Women of Courage ?- ?a revealing look at one of the most important cases in American history: a single mother's fight against pregnancy, sex and race discrimination?
Foreign Spotlight
Canada
Ø Racism study finds people indifferent to slurs, overt bias; and here
England
Ø Companies may be forced to publish figures in annual accounts showing the number of men and women in particular pay bands
Ø Employment Law In 2009 - Top Three Trends
###
Full post as published by New York Public Personnel Law on January 19, 2009 (boomark / email).
Employment Contracts
General Contract Law Principles
Unwed Fathers' Rights in Adoption
Landmark Cases in Adoption Law Shape Law with respect to Unwed Fathers
Football-Related Dementia and Workers' Compensation
Football-Related Dementia Is the NFL Liable?
Salmonella Found in Tomotoes
57 Reported Cases in New Mexico and Texas
ConAgra Peanut Butter
Hundreds of Salmonella Cases Settled
New York Employment Law
alleged violations of New York employment law.
VA Sets New Benefit Rules for Agent Orange-Related Ilnesses
Agent Orange-Related Ilnesses VA Sets New Benefit Rules
NCAA Sued for Conspiracy and Anti-competitive Practices Related to Athletic Scholarships
NCAA Sued for Conspiracy and Anti-competitive Practices Related to Athletic Scholarships

Sharp Increase in Employment Discrimination Cases
Online Resources: EEOC Laws, Regulations and Policy Guidance
Barriers to Justice: Examining Equal Pay for Equal Work
Online Resource for Employment Law: Equal Employment Opportunity Commission's Brief Bank Index
Alstott on Equal Opportunity and Inheritance Taxation








