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EEO/iNews
Source: iNews Related to Equal Employment Opportunity - © 2009 John D. Sargent All Rights Reserved - Thursday, April 2, 2009

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

US. 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 Public Citizen?s Sup Ct Watch list for 4/3 Conf here
Ø SCOTUSblog?s Petitions to Watch for 4/3 Conf here
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
o January 26, 2009 decision here
o SCOTUS docket here
o SCOTUSWIKI here

14 Penn Plaza LLC v. Pyett, No. 07-581
Enforceability of collectively bargained arbitration clause
o April 1, 2009 decision here
o SCOTUS docket here
o SCOTUSWIKI here
o Noted here: Law.com; Washington Post; Mayer Brown; Business Insurance; FYI: Central Ohio Employment Law Update; Jottings By An Employment Lawyer; Paul Mollica; Ogletree Deakins

Argued - Awaiting Decision

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
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 March 31, 2009 Argument Transcript here
o SCOTUS docket here
o Noted here: SCOTUSblog (argument preview); ACS Blog (Paul Secunda analysis); Christian Science Monitor>; Connecticut Employment Law Blog; Blog of the Legal Times; Work Place Prof Blog

Awaiting Argument

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 Set for argument April 22, 2009
o SCOTUS docket here
o Noted here style='color:black'>: LegalTimes; SCOTUSblog (reporting newly filed amicus brief); Work Place Prof Blog

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 SCOTUS docket here

Kellogg v.. Energy Safety Servs., Inc., No. 08-1013
ADA ? Whether driving is a major life activity
o SCOTUS docket here

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

Federal Appellate Court Decisions

Ø Paul Mollica?s Daily Developments in EEO Law here

1st Circuit
Sullivan v. City of Springfield, Massachusetts, No. 08-1817 (1st Cir. Mar. 24, 2009)
Affirming dismissal of White cops? 2003 race/layoff claims based on a 1973 Consent Decree

Fantini v Salem State College, No. 07-2026 (1st Cir. Mar. 30, 2009)
No individual liability under Title VII, etc.
Noted here: Adjunct Law Prof

Chadwick v. WellPoint, Inc. No. 08-1685 (1st Cir. Mar. 25, 2009) style='mso-bidi-font-weight:normal'>
Mom w/ 4 kids can proceed with claim that promotion, denied because she had ?a lot on your plate?, was sex discrim
Noted here: Business Insurance

3rd Circuit
Kirleis v. Dickie, McCamey & Chilcote, No. 07-3504 (3d Cir. Mar. 24, 2009)/p>
Arbitration clause unenforceable against fem attorney?s claim of sex discrim/HWE/retal

Walsh v. Bank of America, No. 08-2230 (3d Cir. Mar. 30, 2009)(Unpub)
CSR with Vietnam-based PTSD flips dismissal of his disability/discharge claim

4th Circuit
[Ed. ? Alaska Employment Law provides a link to a helpful summary of recent employment law developments for the annual meeting of 4th Circuit judges]

Van Alstyne v. Electronic Scriptorium Ltd., No. 07-1892 (4th Cir. Mar. 18, 2009)
Sex harassment claims lead to this decision involving stolen e-mails and the Stored Communications Acto:p>
Noted here: Law.Com; Ellen Simon?s Employment Rights Post

5th Circuit
Taylor v. Peerless Industries, Inc. No. 08-20216 (5th Cir. Mar. 30, 2009)(Unpub)
Affirming dismissal of Black sales rep?s race/discharge suit

6th Circuit
Sybrandt v. Home Depot, U.S.A., Inc., No. 08-5598 (6th Cir. Mar. 26, 2009)
Affirming dismissal of fem manager?s sex/discharge suit

DC Circuit
Douglas v. Donovan, No. 07-5339 (D.C. Cir. Mar. 17, 2009)
Black administrator did not suffer an adverse action in his claim that he was denied an award nomination because of race discrim
Noted here: FedSmith

Commentary on previously reported Federal Appellate Court decisions

2nd Cir.
Courts Can Increase Employment Law Jury Awards to Offset Adverse Tax Consequences of Lump Sum Payment
Eshelman v. Agere Systems, Inc.

State Roundup

AL
FILED
KFC sued by EEOC for sex harass/constructive discharge of fems + retaliation
NEWS
'Bandana Project' to Spotlight Sexual Exploitation of Farmworker Women

AZ
NEWS
Phoenix PD investigating claims of race discrim/harass
SETTLED
$325K settles national origin/harassment/retaliation suit by EEOC obo 2 Wheeler Construction Mexican employees
$64.5K settles EEOC suit vs Otto Bock Healthcare and Robert Half International for pregnancy/failure to hire + retaliation

CA
DECIDED
[3-17] Jury clears Niner Wine Estates of sex harass claims by fem ex-ee
span>Sharp Precision Mfg to pay $300K for harass of 6 fem/Hispanic ees according to default judgment
[4-1] Jury tells LAPD: Pay fem cop $2.3M for sexual harassment that led to the birth of stillborn child
NEWS
?Snakes and poison from a biblical era? characterize facts in age/race discrim claims vs LA Cnty Clerk; $1.1M settlement nigh
[3-23] San Diego will appeal $34.3K sex harass jury verdict for 4 straight firefighters forced to attend gay pride parade
Bill would ban discrimination at work sites because of language
Dukes v. Wal-Mart: Workplace Prof Blog provides links to all you need to know about 3/25 9th Circuit oral argument on rehearing
New Salinas Police Chief has sex harass baggage

DE
NEWS
[3-26] DE House passes bill prohibiting discrimination based on sexual orientation; more here

DC
NEWS
Black fem ex-Covington Burling atty switches counsel in her HWE discrim suit

FL
FILED
[4-1] State Attorneys Office sued for sex harass + retaliation

NEWS
Lowndes County Sheriff?s Office facing gender/pregnancy discrim claims from ex-fem Sgt.
Report: No race discrim vs Black Sarasota County school Asst Supt; perceptions exist and EEO charge pending

IL
DECIDED
$200K JV for fired White Chicago Park District ee who claimed reverse discrim following her report of spanking incident; more here
[2-23] Judge rules that EEOC can pursue disability claims vs Autozone notwithstanding employee?s application for and receipt of SSA benefits
[3-31] Judge dismisses one-handed fire-fighter?s disability/discharge claim vs Belvidere FD
Judge quashes Black ex-Springfield cop?s reporter-directed subpoena in retaliation/discharge lawsuit
FILED
Fem lawyer sues Playboy for sex harass; says her legal advice column was canceled after she rebuffed sex advances of male Playboy exec
[2-27] Schnuks sued for age/discharge discrim

IN
FILED
McGowan Insurance Group sued by fem frmr Account Exec under the EPA for sex discrim for charging women higher health insurance premiums
NEWS
[3/30] Notre Dame rejects bid to add sexual orientation to discrim ban
IN legislature mulling toughening state age discrim law; more here

MD
FILED
USDA sued for race discrim and retal by scientist assigned to UMES
[4-1] EEOC sues Accurate Insulation for race discrim/ sex harass + retaliation obo 4 Black fired employees
[4-1] Medical Health Group sued by EEOC for disability discrim for failing to return fem referral clerk to work after breast surgery
SETTLED
[2-26] $161K settles EEOC suit vs Big Vanilla Athletic Club for sexual harassment of fems
[3-4] Fitzhugh Farm To Pay $180K To Settle EEOC Sexual Harassment And Retaliation Suit

MA
DECIDED
[2-24] $1.6M JV on fem surgeon?s HWE/retal claims vs Brigham and Women?s Hospital
NEWS
MCAD expected to hear sex harass complaint vs Bank Street Grille in June
SETTLED
[3-24] Qualex will pay $272K to 4 RIF?d workers to settle EEOC age discrim suit
MI
SETTLED
[3-20] MayfieldGentry Realty Advisors pays $25K to settle EEOC suit for pregnancy/discharge discrim
MN
SETTLED
[3-26] Star Tribune pays $300K+ to settle EEOC suit over sex harass of fem plant ees
[3-31] Gold?n Plump Poultry pays $365K to settle EEOC suit over Muslim discrim issues; prayer breaks will be instituted. Work Connection employment agency will provide 28 offers for placement; more here, here; here

MS
NEWS
Fem Hinds Cnty School District secy sues for sex harass by male principal; settlement talks scheduled; in fact, it looks like it settled for ?$ here

MO
NEWS
Female Missouri House Democrats say they have been treated differently than male colleagues
SETTLED
[3-5] EEOC and YRC Trucking Company jointly announce settlement of an administrative charge of discrimination prior to a finding and prior to suit; enhanced diversity/recruitment efforts will made regarding the hiring of women/Blacks/Hispanics

NV
NEWS
NV legislature debating ban on sexual orientation and gender identity/expression discrim; more here about transgender community
SETTLED
$457.5K settles EEOC suit vs N-W Ventures for race discrimination, harassment and retaliation against Black restaurant employees

NJ
NEWS
Barnes v. the State of New Jersey: A Safe Harbor for Employment Claims
Insurance Companies squabble over who pays near $1M to fem ex-IT Spec for settlement of her sex harass claims vs Morristown
SETTLED
[3-4] $60K settles EEOC suit vs Shoppers Vineyard for race/layoff claim obo Black manager
SETTLED
[3-24] $115K settles EEOC suit vs McDonald?s for sex harass of 2 young fem ees, including one teen

NY
DECIDED
Tribal immunity leads to dismissal of race/national origin/retaliation claims by fired bingo worker vs Oneida Indian Nation
Wyeth Pharmaceuticals wins dismissal of race discrim/retaliation claims by Black ex fem employee. Wyeth now 5 for 5 with 3 suits pending
[3-26] Gay Former Employee's Retaliation Claim vs Gibson Guitar Survives Summary Judgment
NEWS
Williams v. New York City Housing Authority Decision Provides for More Relaxed Standards to Claim Discrimination in the Workplace
[3-31] Study: City restaurants hire and promote white men more often than women and nonwhite workers; more here
[4-2] IBM target of age discrimination complaint for medical insurance packages offered terminated workers
Number of fems suing Bloomberg for pregnancy discrim swells to 80+
SETTLED
$4.3M settles EEOC suit obo 149 Hispanic warehouse workers at B&E Foto and Electronics Corp for wage/promotion/benefits national origin discrim
[3-24] Adelphi University pays $300K+ to settle EEOC suit over fem prof wage discrim
Fem Parole Officer settles sex discrim claims with NYDP for $125K

NC
FILED
[3-31] Tuscarora Yarns sued by EEOC for male manager sex harass/retaliation of fem worker
[3-26] Aelmings Human Resources Corporation etc sued by EEOC for retaliation; says employee was terminated for opposing sex discrimination>
SETTLED
Discount Store Marshalls Settles EEOC Sex Harass Lawsuit For $110K
[3-30] $300K settles EEOC?s pregnancy discrim suit vs Britthaven nursing home and assisted living chain

OH
DECIDED
[3-19] Franklin County Court of Appeals Affirms Dismissal of Age and Disability Claims Brought by Jackson Twp. Fire Fighter; decision here
FILED
[2-27] What do the terms "Bunch of B*tches," "Hormonal Messes," and a "F*cking Lesbian? have in common? Ask the fem staffers who sued Summa Health Systems etc for gender discrim; better, read their complaint here
NEWS
OH AG sex harass victim now lecturer; speaker site here
SETTLED
[3-23] Alpha Group pays $160K to settle EEOC suit alleging sex harass/retaliation of females

PA
DECIDED
[4-1] Judge OK?s age/discharge class action vs PPG
FILED
[3-31] Fem ex-editor sues Beaver County Times for HWE/sex discrim
NEWS
PA House divided over bill to prohibit discrim vs sexual orientation
SETTLED
Delaware County Pain Management pays $95K to settle EEOC?s pregnancy/discharge suit

TX
FILED
[3-30] Ex-Nexen employee with pending EEOC charge of race discrim, sues for declaratory judgment prohibiting Nexen from compelling the return of company docs
[3-31] Bob Tomes Ford Lincoln Mercury sued for race discrim by Black ex-salesman
NEWS
Internal sex harass investigation leads to suspension of 2 Navarro County Jail supervisors
SETTLED
[3-20] First Street Surgical Center etc. pays $290K to settle EEOC suit for fem workers subjected to sex harass by male nurse

VA
DECIDED
Jury clears ILAL Local 1458 in fem dock worker?s sex discrim claim that she was subjected to different standards than men for (ahem!) outdoor urination
NEWS
Critics Challenge Diversity Language in Virginia Tech's Tenure Policy
SETTLED
[3-9] Failure to hire sales applicant with cerebral palsy leads to $50K settlement of EEOC disability lawsuit vs. Advance Auto Parts

WA
SETTLED
United Airlines fem ex-pilot settles porn-based sex harassment suit

Topical

Age
Ø Retirees returning to the workforce; EEOC age charges spike
Congress
Ø Thomas E. Perez: Obama?s DOJ/Civil Rights Div nominee to face confirmation hearing
Ø Conscience Clause: HHS nominee Sebelius answers questions at confirmation hearing

Disability - Disability and Business Technical Assistance Centers (DBTAC)
Ø Visit your Regional DBTAC website via here for ADA news and information
Ø Mid-Atlantic DBTAC: April 1, 2009 Bulletin here

Disability - General
Ø Obama?s Special Olympics Gaffe: Can Hiring One Employee with a Disability Make a Difference?
Ø Pre-employment medical exam: Who pays?
Ø Multiple Chemical Sensitivities: Addressing Sensitivity to Scents at Work
Ø Overtime Decisions Challenged Under ADA [Ed. ? This appeared in a link in a 4/1 e-mail from the New England ADA Center]
Ø Despite ADA it is still difficult for people with disabilities to find work

Diversity
Ø Celebrating Diversity Can Enhance The Workplace (NPR Audio)
Ø Study: Encouraging Women into Senior Management Positions - How Coaching Can Help
Ø LGBT should be included in diversity efforts

EEOC
Ø Check here for periodically posted EEOC Informal Discussion Letters
Ø EEOC Charges hit all time high; more here
Ø EEOC violates overtime rules says arbitrator; EEOC press release here; more here
Ø EEOC HQ has gas: Some Say New EEOC Headquarters Is Making Them Sick

Enforcement
Ø Employment discrimination overview

Gender
Ø Women making gains against sex discrimination
Ø Ledbetter Fair Pay Act requires due diligence by employers and may bring more suits
Ø Pay Equity Day April 28: Paying Attention to Fair Pay

Genetics
Ø Genetic Information Non-discrimination Act (GINA) Final Regulations To Be Issued in May; more here

Harassment
Ø 5 suggestions to advocate successfully for diversity and inclusion in a hostile work environment
Ø Sexual Harassment - What is It?
The Office TV Series: Blogging about discrimination issues
Ø Manpower Employment Blawg>

Pregnancy
Ø Pregnancy discrim: how to proceed with a complaint
Ø Laying off a pregnant woman/woman on maternity leave

Race
Ø Minorities/fems fear stimulus may favor unionized white males
Ø Study: Advertising Industry has dramatic levels of racial discrimination

Recruitment
Ø Background Checks should be done in non-discriminatory manner

Religion
Ø 10 terms not to use with Muslims

Retaliation
Ø FBI shows off its diversity -- and its retaliation

Workplace
Ø RIF Statistical Audits Reduce Discrimination Risks

Articles/Reports/Books/Etc.

Articles
Ø National Origin: Moving Toward a More Protective Interpretation of National Origin Discrimination Under Title VII? Maldonado v. City of Altus (no text link)
Ø Disability: Crossroads and Signposts: The ADA Amendments Act of 2008
Ø Race/Sex: The Antidiscrimination Paradox: Why Sex Before Race?
Ø Gender: Are Gender Stereotypes Bad for Women? Rethinking Antidiscrimination Law and Work-Family Conflict
Ø Gender: From Lawyer to Judge: Advancement, Sex, and Name-Calling [Ed.? discusses the Portia Hypothesis: Females with masculine monikers are more successful in legal careers]
Reports
font size=3 color=red face=Wingdings>Ø Disability: National Disability Policy: A Progress Report (National Council on Disability, March 31, 2009); NCD press release here
Ø EEOC: Job Patterns For Minorities And Women In Private Industry (EEO-1)

Books
Ø Whitewashed: America?s Invisible Middle Eastern Minority

Foreign Spotlight

Canada
Ø RCMP challenges finding that Muslim cadet was terminated because of discrim
China
Ø Firms See Boom in China Employment Practices

England
Ø Reducing the Gender Pay Gap: EHRC seeks balance in maternity policies

European Union
Ø Homophobia and Discrimination on Grounds of Sexual Orientation in the EU Member States Part I - Legal Analysis (6/30/08); noted here
Ø Homophobia and Discrimination on Grounds of Sexual Orientation and Gender Identity in the EU Member States: Part II - The Social Situation (3/31/09); noted here

India
Ø Workplace romance: Unregulated, undeterred says study

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 published on Thursday, or otherwise as necessary.

EEO/iNews is not a publication of the EEOC. Mr. Sargent is not associated with the EEOC. This is information, not legal advice.

N. B. Do not rely on EEO/iNews alone 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. To unsubscribe, please direct your request to Mr. Sargent (1) at eeoinews@yahoo.com, (2) by reply to any EEO/iNEWS edition, or (3) by mail at the below address. Mr. Sargent?s mailing address is PO Box 832, Geneva, Ohio, 44041. Number of news links in this edition: 199

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