Labor & Employment Law

Cases and items 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. 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 archive here
>> SCOTUSblog?s Petitions to Watch archives here
>> Ross Runkel?s US Sup Ct Employment Law Cases ? Pending & decided here

Petition for Cert Granted: span>

Decided

Crawford v. Metro Gov't of Nashville & Davidson County, No. 06-1595
Title VII/retaliation >
>> January 26, 2009 decision here
>> SCOTUS docket here
>> SCOTUSWIKI here
>> Noted here: SCOTUSblog (opinion recap); Ohio Employer?s Law Blog; Pennsylvania Labor and Employment Blog; Workplace Prof Blog; Washington Post; Tennessee.com; NYTimes; FYI: Central Ohio Employment Law Update; WSJ blog; Elarbee Thompson; National Law Journal; What?s New in Employment Law?; Work Matters; Law.com

Argued Awaiting Decision

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 here
>> 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?
>> Set for argument March 31, 2009
>> 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

Federal Appellate Court Decisions

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

1st Circuit

>> Monteagudo v. Asociacion de Empleados del Estado Libre Asociado, No. 07-2341 (1st Cir. Jan. 26, 2009)
Affirming near-$1M JV for fem secy on her male supv sex harass claim; failure to file sex harass complaint was reasonable

>> Tobin v. Liberty Mut. Ins. Co., No. 07-1764, 07-1765 1st Cir. Jan. 23, 2009)
Affirming $1.3M JV (minus $90K remittitur) for sales rep on his disability (bipolar)/failure-to-accommodate claim

>> Abraham v. Woods Hole Oceanographic Institute, No.08-1655 (1st Cir. Jan. 22, 2009)
Affirming dismissal of zebrafish researcher?s discrim claim that his disbelief in evolution caused his discharge

2nd Circuit

>> Young v. City of Syracuse, No. 07-4019 (2d Cir. Jan. 21, 2009)(Unpub)
Reversing dismissal of Dept Public Works ee?s pro se race discrim complaint

>> Rambacher v. Bemus Point Cent. Sch. Dist., No. 07-4728 (2d Cir. Jan. 22, 2009)(Unpub)
Reversing dismissal of Computer Coordinator?s disability/failure-to accommodate claim

3rd Circuit

>> McGovern v. City of Philadelphia, No. 08-1632 (3d Cir. Jan. 28, 2009)
No implied cause of action under >>1981 for terminated White employee?s race discrim claimt>

4th Circuit

>> Johnson v Mechanics & Farmers Bank, No. 07-1725 (4th Cir. Jan. 23, 2009)(Unpub)
Affirming dismissal of 56yo Bank Exec?s age/probation, wages, termination suit

6th Circuit

>> Garner v. Cuyahoga County Juvenile Court, No. 07-3602 (6th Cir. Jan. 22, 2009)
Affirming that multiple plaintiff claims of discrimination etc were frivolous and that a plaintiff?s attorney engaged in sanctionable conduct; remanded $660K+ atty fees order for more refined computation of amounts
>> Noted here: Central Ohio Employment Law Update

7th Circuit

>> Jones v City of Springfield, No. 08-2085 (7th cir. Jan. 26, 2009)
Affirming dismissal of White cop?s race/failure-to-promote suit
>> Noted here: SJ-R.com

>> EEOC v Watkins Motor Lines, No. 08-2483 (7th Cir. Jan. 23, 2009)
Easterbrook writes to enforces an EEOC subpoena but questions EEOC?s prudence

8th Circuit

>> King v. US, No. 08-1766 (8th Cir. Jan. 29, 2009)
Remanding bench verdict against 56yo rejected applicant?s age discrim claim; District Court failed to evaluate statement preferring ?younger educated people? as possible direct evidence>

11th Circuit

>> Birdyshaw v. Dillard's Inc., No. 08-12824 (11th Cir. Jan. 28, 20090)(Unpub)
Affirming dismissal of fem sales manager?s dual retaliation claims

Commentary on previously reported Federal Appellate Court decisions

>> 5th Cir.
>> 5th Circuit takes on the ADA amendments
EEOC v Agro Distribution LLC

>> 10th Cir.
>> Plaintiff Bears the Ultimate Burden of Proving Retaliatory Motive
Sunderman v. Westar Energy, Inc

State Roundup

AK
>> DECIDED
· Philip Kendall and Terry Rahlfs v. The Home Depot, Inc: Employment law, like politics, ?ain?t beanbag.?

CA
>> DECIDED
· Contra Costa ordered to pay for retaliation/failure-to-promote fem appraiser who complained of race/sex discrim: $34K wages + $275K emotional distress + $100K punitive damages; atty fees/costs of $1M+ on deck
· St Ct App: Dominguez v. Washington Mutual Bank - Was Employee Harassed and Fired Because She Is a Lesbian?
· [1-20] St Ct App upholds $2.4M + $750K atty fees for fem- supv-on-guy sex harass at Vons Companies; more here; here
>> FILED
· Ventura Cnty DA Investigator sues for retaliation-based job assignment
· [1-29] KVIE sued for age/discharge discrim by fired reporter/host of ?California Heartland?
>> NEWS
· 2nd trial starts for 4 San Diego firefighters in sex harass suit vs city after they were forced to drive a fire engine in a gay-pride parade
· Age discrimination alive and well in Rancho
· 24 Hour Fitness target of EEOC charge of racist, sexist and homophobic discrim
>> SETTLED
· Bankruptcy judge allows $250K to settle fem?s claim that she was victim of sex harass at Copia

CO
>> NEWS
· Adams State College has a new Office of Equal Opportunity
· Layoffs spark rise in claims of wrongful termination

CT
>> NEWS
· Bills on employment law issues start to get introduced at Connecticut general assembly
>> SETTLED
· Fem ex-General Electric General Counsel settles for ?$; dismisses individual and class gender/promotion discrim claims; more here

DC
>> NEWS
· Lawsuit challenges US State Dept anti-HIV rule

FL
>> NEWS
· 3 laid off UF fem faculty members say there is a pattern of discrimination against foreign-born women

GA
>> NEWS
· Rally held against racial discrim at Grovetown John Deere Company

IL
>> NEWS
· Machesney Park makes changes to its sexual harassment policy; more here
· Southern Illinois University ?Carbondale: Faculty, Graduate Student, and Staff Unions Push Back Against Proposed Sexual Harassment Policy
· Peoria facing Black cop?s race/failure-to-promote suit

IN
>> DECIDED
· Creed v. Family Express Corp.: Read about recent decisions in this transgender/discharge case

IA
>> FILED
· Fired Black concrete mixer sues Concrete Supply of Iowa for race discrim etc

KS
>> NEWS
· Bill would include sexual orientation and gender identity in state anti-discrimination laws
KY
>> NEWS
· [1-5] Visiting male Asst Prof?s gender/failure-to-hire suit vs Eastern Kentucky University transferred to Madison Cnty

LA
>> DECIDED
· [1-13] Hearing Officer: Whipping post and noose did not violate Jefferson Parish harassment policy

MD
>> DECIDED
· [12-21] Judge nixes Baltimore?s effort to dismiss White attorney?s race/discharge + retaliation suit
>> NEWS
· Fem fired by Syngenta Crop Protection has $300K for retaliation/discharge; now arguing for more in economic damages, maybe $700K+
>> SETTLED
· National Tire and Battery pays $22.5K to settle EEOC?s suit that alleged a salesman was fired in retaliation for complaining that Nigerian workers were treated better than Americans

MA
>> FILED
· [1-16] Bain Capitol sued for sex discrim + retal: Fem says she was harassed, demoted and eventually fired because she was pregnant/span>
· HMSHost Corp sued by fem ee for male supervisor sex harass at Manchester-Boston Regional Airport
SETTLED
· 150K settles age/discharge suit by 53yo Barnstable teacher

MI
>> FILED
· Grand Traverse Resort & Spa sued twice by 2 fems for sex harass by male housekeeping supv; noted here

MN
>> DECIDED
· [1-26] Northwest Airlines Inc. v. Phillips: NWA pension plan survives age discrim challenge; Court relies on cash balance precedents; noted here
· Fem bus cleaner who represented herself at trial vs Metro Transit, loses sex harass + reprisal claims but wins $100K on assault claim
>> FILED
· [1-23] Fem ex-Admin Asst?s sex harass etc suit vs Hallie Q. Brown Center paints a lurid picture of impropriety.
>> SETTLED
· [1-29] $137K settles EEOC age/failure-to-hire discrim suit on behalf of 56yo male candidate for Stillwater Area Schools vacancy

MO
>> NEWS
· Cops: Women faked garage assault to throw suspicion on former employer they sued for gender discrim, sex harass, HWE + retal

MT
>> DECIDED
· font>Native American candidate for Havre interim police job plans appeal from no discrim finding of MDLI/HRB investigator
>> NEWS
· Yellowstone County Sheriff's Office being investigated as part of a settlement of discrim claim

NE
>> FILED
· Christ the King Catholic School sued for discrimination based on pregnancy, marital status and age by fem guidance counselor who was fired after she became pregnant while unmarried

NV
>> SETTLED
· Orthodox Jewish Las Vegas Detective hopes to settle yarmulke-based religion discrim issue for $350K

NJ
>> FILED
· Fem ex-Wal-Mart worker sues; says she endured sexual and other workplace harassment dealt out by a supervisor and other workers
>> NEWS
· Rutgers Law Record call for papers: Emerging Trends in Employment Law

NY
>> DECIDED
· Hilal v. NYS Division of Human Rights: St Ct App upholds $34K mental anguish w/ $2K Backpay in a sex harass case; Workplace Prof Blog notes that this decision reminds us of the importance of state anti-discrimination law
>> FILED
· [1-21] MTA charged w/ pregnancy discrim for forcing pregnant fem officer to take toll booth light duty assignment; more here
· New York City Health and Hospitals Corporation and Bellevue Hospital target of EEOC charge alleging discrim vs Blacks and Hispanics by using criminal history reports in making hiring decisions
· Fem sues Spring Valley for sex harass by Mayor; says he subjected her to lewd, obscenity-laced suggestions in an attempt to coerce her into having sex with him
· Hawaiian Tropic sued again; this time by Latina who says she wasn?t hired because she was ?ghetto? and didn?t ?speak white?
>> NEWS
· $600M discrimination lawsuit brought by four ex-employees of Hawaiian Tropic Zone is heating up; Mgr accused sex-based conduct
· Fem Islip Town Clerk target of complaints, including same sex harassment
· Complaints of racism, harassment etc plague Niagara Falls Public Works Dept
>> SETTLED
· Rochester fem garbage hauler back on job after sex-harass-based retaliation JV for $100K
· The previously reported Black fem NASCAR tech inspector?s race discrim/sex harass settlement was worth $225M

NC
>> DECIDED
· Brunswick Cnty Schools loses bid to dismiss fem dean?s disability (diabetes) discrim suit; 2/10 trial date looming
>> NEWS
· Judge allows fem ex-firefighter?s gender discrim case vs Holy Springs to go forward
· More on ex-CEO?s race/age/gender EEOC charge vs United Way
· Mooresville to discuss fem ex-cop?s pending retaliation-for-complaining-about-sex-harass suit
>> SETTLED
· $320K settles male-supv-on-fem-ee sex harass claim vs NCDHHS Springer-Eubank Company pays $105K to settle EEOC?s race/suspension discrim suit for 3 Black fems

OH
>> NEWS
· Elephant says Donkeys should reimburse state for near-$500K OAG sex harass settlement; more on the settlement here
· Ousted Cleveland Plain Dealer critic narrows lawsuit to age discrim only
· While others resist, Columbus grants the transgender community an identity
>> SETTLED
· [1-22] $2.43M settles EEOC suit vs Pitt Ohio for sex discrim in failing to hire women as truck drivers and dockworkers; read the consent decree etc here; noted here

OK
>> FILED
· Black principal sues El Reno SD for race discrim + retaliation

PA
>> FILED
· Somerset Cnty Jail sued by Black male for gender/failure-to-hire discrim; says Warden told him he wasn?t hired as a guard because ?I am moving in a new direction and a new gender?
· Ex-Douglass Township manager is suing the township for sex/disability discrim; says 3 fem supervisors fired him because he is a man.
>> NEWS
· Hundreds pack Allegheny Cnty Council over LGBT bill

SD
>> NEWS
· Rapid City revises anti-discrimination commission ordinance

TN
>> NEWS
· [1-22] Nashville voting on English-only rule; more here. FOR the proposal here; AGAINST the proposal here; proposal defeated here
· Allegations of sexual harassment keep Capitol Hill buzzing; Elephants weigh in here; more here; here

TX
>> SETTLED
· Champion National Security pays $24K and agrees to training to settle EEOC?s religion/failure-to-hire lawsuit for rejected Sikh applicant; Director of United Sikhs to provide some of the training
· Fort Worth Roman Catholic Diocese settles sexual harassment lawsuit

UT
>> NEWS
· Salt Lake County probing sex harass complaints against ex-Planning and Development Director; report due next week >
· Utah Legislature Considering Bill to Prohibit Employers from Considering Sexual Orientation or Gender Identity in Employment Decisions
>> SETTLED
· Alpine School District pays $135K to settle age discrim claims of 2 teachers; EEOC says one was denied hire and one was denied tenure because of age

VA
>> FILED
· Montgomery Cnty SB sued by ex-media aid asst who says she was fired in retaliation for complaining about religious harassment and discrimination; more here
>> NEWS
· Equality Virginia pushes state bill to outlaw sexual orientation job discrim
· Laconic Law Blog: Top Ten Issues In Employment Law For HR Professionals In Virginia in 2008 include these EEO issues:
>> 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
>> Potential Legislation in 2009

WA
>> FILED
· Yakima Police Chief Accused Of Discrimination & Retaliation
· [1-26] Ex-physician recruiter for Yakima Valley Memorial Hospital sues for age/discharge discrim
>> SETTLED
· State pays $800K to settle 3 fems? sex/race harass complaints vs male supv + male co-worker in the Department of Labor and Industries

WV
>> NEWS
· CDG Management and Automated Payroll Systems ask for dismissal of ex-fem ee?s sex harass complaint

WI
>> NEWS
· Discrimination law would protect state workers

Topical

Age
>> Should Judges Be Subject To Mandatory Retirement At Age 70??
>> Reverse age discrimination should not be a concern in layoffs
>> Know Your Rights If You're Offered Severance

Disability ? ADAAA
>> Porter Wright: ?Understanding the Changes to the ADA and FMLA: New Hurdles for Employers? (2 hour audio of 1/14/09 seminar + slides and handouts)

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
>> Northwest DBTAC January 2009 Newsletter here

Disability - General
>> President Barack Obama's Comprehensive Agenda to Empower Individuals with disabilities
>> Increased funding for EEOC critical to enforcement of disability laws
>> June 8-10 KC MO: 2009 National ADA Symposium:Revitalizing the ADA

Education
>> Leadership-skills-for-life.com offers ?you-be-the-judge? fact scenarios for race, age, religion, national origin, HWE and sexual harassment

EEOC
>> Check here for periodically posted EEOC Informal Discussion Letters
>> Ishimaru/Griffin take reins at EEOC; more here

Gender
>> [Attn Employment Law Profs ?Ed.] A Fair Business Case for Different Pay Treatment?
>> Interview Bias: Men who display confidence and ambition are often sought-after by hiring managers, while women who display those characteristics are not
>> Association for Women in Sports Media objects to Marinelli ?Goodbye, ladies? brush-off remark as fostering HWE; more here
>> More on the Ledbetter Bill:
>> Senate passes wage discrimination bill
>> Senate Passes 'Ledbetter' Bill
>> First 100 Days: The mirage of pay equity
>> U.S. Senate Passes Measure to Ease Workers? Pay-Bias Lawsuits
>> Senate Passes Lilly Ledbetter Bill 61-36
>> Library of Congress Synopsis; noted here
>> Wage bias bill will burden employers: Experts
>> Views of Lawrence Lober, Part I, Part II
>> Much-Needed Fair Pay Act Won?t Fully Help Some Employees
>> Ledbetter legislation passes House, on to President Obama
>> Obama to sign pay-discrimination legislation Thursday
>> GOP opposition to the Lilly Ledbetter Fair Pay Act
>> Lilly Ledbetter Fair Pay Act becomes Law
>> Lilly Ledbetter Fair Pay Act of 2009 Becomes Law
>> Obama Signs Equal-Pay Legislation

Harassment>
>> Sexual Harassment in the Workplace: US Statistics shows men too get harassed

LGBT
>> [2-20] Free Program at Touro: Transgender Law--Challenging the Boundaries of Law and Gender
>> Creed v. Family Express Corp.: Read about recent decisions in this transgender/discharge case>

Litigation
>> The Impact of FRCP Amendments on Summary Judgment in Employment Discrimination Cases
>> 6 tips to avoid an employment lawsuit

Nat Origin
>> Fed ee?s foreign language proficiency may warrant additional compensation

The Office TV Series: Blogging about discrimination issues
>> That?s What She Said
>> Manpower Employment Blawg

Race
>> Make Immediate Copies of Important Docs and Emails
>> Car industry crisis hits Blacks
>> Intersectional discrimination
>> How to Stand Up Against Racial Discrimination Without Losing Your Job
>> The So-Called Equal Opportunity Abuser

Recruitment
>> Canada: Using social networking sites in the hiring process: smart move or human rights trap? - Part One; Part Two
>> Interview questions to watch out for
>> What should (and shouldn't) happen in a job interview
>
Religion
>> Advice to employers: Avoid religious discriminationp>
>> Religious Discrimination In The Workplace: Adhering To The EEOC?s Compliance Manual To Avoid Adverse Determinations
>> Workplace Discrimination Claims On the Rise

Retaliation
>> Proving Retaliation

USDOL
>> OFCCP's Increased Enforcement Efforts Produce Largest Ever Financial Recovery in 2008>

White House
>> Obama wants retooling of workplace discrimination laws

Workplace
>> Handling Employee Terminations in Turbulent Times: Part I, Part II
>> Lessons for employers from Dr. Seuss
>> Top Employment Law Issues for Paralegals

Articles/Reports/Books/Etc.

Articles
>> Within the Grasp of the Cat's Paw: Delineating the Scope of Subordinate Bias Liability Under Federal Antidiscrimination Statutes; noted here
>> Time for a Hail Mary? With Bleak Prospects of Being Aided by a College Version of the NFL's Rooney Rule, Should Minority College Football Coaches Turn Their Attention to Title VII Litigation?
>> Recently Published Scholarship, as posted on Workplace Prof Blog 1/26/09
>> A Pro-Employee Supreme Court? -- The Retaliation Decisions

Reports/Studies
>> Competent Yet Out In The Cold: Shifting Criteria For Hiring Reflect Backlash Toward Agentic Women; noted here

Books
>> Employment Discrimination Law & Practice

Foreign Spotlight

Canada
>> CHRC taking action on Union member?s religion-based objection to dues supporting same-sex marriage
>> Home Depot and Sikh security guard at odds over hard hat vs. turban

England
>> Who Cares about the White Working Class?; noted here
>> EHRC?s Jan ?09 Equality News Issue 7 here

European Union
>> Regional Minorities, Immigrants, and Migrants: The Reframing of Minority Language Rights in Europe

France
>> Diversity Chief Says France Heading 'Straight Into Apartheid'

Full post as published by New York Public Personnel Law on February 03, 2009 (boomark / email).