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Equal Employment Opportunity
Source: EEO/iNews ? iNews Related to Equal Employment Opportunity, © 2008 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.

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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

Ø Public Citizen?s Sup Ct Watch List for 12/5 Conference
Ø SCOTUSblog?s Petitions to Watch for 12/5 and 12/12 Conferences
Ø 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
? Noted here: MarketWatch; The Federalist Society (pod cast)

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
? Noted here: Workforce Management

AT&T v. Hulteen, No. 07-543
Title VII/Denial of pre-?79 pregnancy leave service credits in computing pension
? Set for argument December 10, 2008
? SCOTUSWIKI here
? LIIBULLETIN here
? Noted here: Law.com

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

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

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
Ø Paul Mollica?s Daily Developments in EEO Law here

2nd Circuit
Billue v. Praxair Inc., No.07-2359 (2nd Cir. Nov. 20, 2008)(Unpublished)
Affirming dismissal of Black truck driver?s race/suspension and retaliation suit
Noted here: Connecticut Employment Law Blog

3rd Circuit
Boyd v. Wilmington Police Dept., No. 07-1731 (3d Cir. Dec. 2, 2008)(Unpublished)
Affirming JV against Black cop?s race/failure-to-promote claims

8th Circuit
Culpepper v. Schafer, No. 07-3824 (8th Cir. December 1, 2008)
Hearing impaired USDA employee flips failure to exhaust-based dismissal of her disability/retaliation lawsuit

11th Circuit
Shiver v. Chertoff, No. 0813024 (11th Cir. November 26, 2008)
Pro se employee flips timeliness-based dismissal of his TVII/Rehab Act claims

Commentary on previously reported Federal Appellate Court decisions

[6th Cir.]
o Unreviewed State Agency Findings Do Not Preclude Subsequent Title VII Litigation
Hillman v. Shelby County Gov't

? Firecracker Firing Found Frivolous
? The ?Cat?s Paw? is alive and well in the 6th Circuit -- Pro se plaintiff?s trial win affirmed by Sixth Circuit
Madden v. Chattanooga City Wide Service Dept

State Roundup

AL
Ø NEWS
· Ex-Jackson-Olin girls' basketball coach wants gender settlement extended

AZ
Ø NEWS
· EEOC lawsuit vs Cheesecake Factory for male same-sex harassment describes sexually charged hazing

CA
Ø DECIDED
· Jury clears NIBCO of discrim; finds English-only job-skills assessment was valid test
· St Ct App affirms jury verdict against 63yo fem restaurant server?s age claims vs Cottonwood Gulf Club
Ø FILED
· American Apparel files pre-emptive Declaratory Judgment action to defend fem ex-employee?s subsequent sex harass/discharge action
· Ex-San Bruno engineer sues for ?age/mental and physical disabilities? discrim
Ø NEWS
· Why we need sexual harassment training
· California bans discrim vs gays/lesbians in employment etc
· Recent legal developments are equalizing the way disability law is applied in California and federal courts
· Sexual Orientation Discrimination Co-Worker Misconduct: Once a Harasser, Always A Harasser
· Report discrim claims pronto to insure EPLI coverage
Ø SETTLED
· Table grape grower Kovacevich 5 Farms to pay $1.6M to settle EEOC?s gender (F)/failure-to-hire lawsuit

CT
Ø FILED
· Saks sued by fired Black fem sales assoc for race discrim
Ø NEWS
· Those who complain about workplace discrimination to CHRO face long wait
· A Tale of Two Summary Judgments: Looking at How Federal Judges May View Cases With a Different Lens

FL
Ø DECIDED
· St Ct App says fem Lake Worth firefighter entitled to trial on her pregnancy discrimination claims

GA
Ø FILED
· Ex-Sandy Springs fem ee sues mgmt partner CH2M Hill for gender discrim

IN
Ø FILED
· Montgomery Cnty sued pro se by ex-employee for multiple discrim counts

KS
Ø DECIDED
· Fed Dist Ct rejects ?me too? evidence in age suit vs Sprint; law review article on related SCOTUS decision in Sprint/United Co. v. Mendelsohn here
· Age discrim claims vs EmbarØ and Sprint survive dismissal motion

MD
Ø SETTLED
· $20M settles EEOC?s nationwide gender(M)/failure-to-hire + retal lawsuit vs LA Weight Loss

MA
Ø DECIDED
· Sup Judicial Ct: Jiffy Lube must face trial on Rastafarian?s claim that hair/beard grooming policy = religious discrimination

MI
Ø DECIDED
· Judge says fem city planner?s chemical sensitivity claims can proceed vs Detroit; co-worker?s perfume the culprit
· MDCR rules against unsuccessful male applicant?s gender/failure-to-hire charge re Jackson Downtown Development Authority Exec Dir job
Ø NEWS
· Kalamazoo City Commission unanimously approves gay-rights ordinance

MN
Ø FILED
· Fired fem ex-restaurant mgr sues Hilton for harass/retal for complaining about alleged orgy involving upper management; read the complaint here

MO
Ø NEWS
· Deposition transcripts of KC Mayor (here) and wife (here) in discrim action by frmr Mayor aid

NY
Ø DECIDED
· Law firms representing atty charged with sex harass of paralegal, denied permission to withdraw on eve of trial
· St Ct App: New York State Banking Dept ee?s ADA claim for damages survives promotion to a higher grade position; decision here
Ø NEWS
· Binghamton mulling transgender bias ban; more here
CNMI
Ø NEWS
· DOL forwards UMW complaints to DHS, EEOC

OH
Ø FILED
· Black fem Akron detective files race/gender discrim complaint vs Summit Cnty Prosecutor
· Ex-Ashtabula Township male employee alleges sexual advances by male trustee + hostility directed at him as a disabled person; Trustees vow to fight allegations aggressively
Ø NEWS
· Ohio State?s College of Dentistry targeted by several lawsuits alleging racial discrim vs Black staffers
· Mentor seeks dismissal of gender discrim suit by ex-Parks and Recreation fem ee
· Chrysler Jeep plant target of sex harass claims; sex in new cars alleged
· More on Cleveland consideration of transgender bias ban
Ø SETTLED
· EEOC v. Pitt Ohio settle claim that fem applicants were denied dockworker and truck driver jobs
OK
Ø NEWS
· Newspaper asks: Have you ever filed a pregnancy discrimination complaint with the EEOC?

OR
Ø DECIDED
· Judge denies motion to dismiss age/failure-to-hire suit vs Starbucks by 56yo barista applicant
Ø FILED
· Fired Native American fem mgr sues Clackamas County for race discrim/retal

PA
Ø DECIDED
· Judge tells Crestwood SD to pay $331K for using gender to reject fem Asst Supt applicant; $130K atty fees on deck
Ø FILED
· London-based Compass Group sued for discriminating against Black cafeteria workers at Philly?s Comcast Center; more here
· Radio Polka host sued; fired guy says he was punished for protesting harass of fems
· EEOC says Dart denies promotions based on race and national origin
Ø NEWS
· Allegheny County poised to protect gender identity from discrimination
Ø SETTLED
· $160K settles Black Police Chief?s race claim vs Ellwood City; and here

RI
Ø NEWS
· State rules aimed at illegal immigrants in the workplace could lead to discrimination of job applicants

SD
Ø DECIDED
· Jury gives more than $35K to 60yo fem for age/failure-to-promote by National American University
Ø NEWS
· South Dakota Army National Guard seeks dismissal of fem retired colonel?s gender + Japanese-American heritage discrim claims
Ø SETTLED
· Sara Lee pays $245K to settle EEOC race (B)/failure-to-promote suit

TX
Ø FILED
· Ex-Police Chief sues Driscoll; claims harass/retal after cancer diagnosis
· EEOC charge says Liberty County failed to appoint fem to Justice of the Peace job because of gender

VA
Ø NEWS
· NAACP says there is discrimination in Charlottesville Parks and Rec Dept

WA
Ø DECIDED
· WSHRC sides with fired Selah police clerk/dispatcher?s bias claim
Ø FILED
· UW sued for sex harass by fem ee; says male Campus Housing Director made unwanted sexual advances
· Male ex-cop says Ferndale terminated him due to his medical condition, marital status and sexual orientation

WV
Ø FILED
· Wachovia sued for age-based demotion etc by 49yo ex-Sr. VP

WI
Ø DECIDED
· Fired fem Racine Mayoral admin asst loses claim of sex harass/retal before WDWDERD
· Federal Judge: UW-La Crosse denied Dean spot to man because of sex
Ø FILED
· Milwaukee SDC Mgr sues for Hispanic-based demotion/pay-cut

Topical

Age
Q&A: If an employee is given 24 hours to sign a severance agreement or s/he will not receive severance pay, and is not told that s/he has the right to have an attorney review it, is the agreement valid?
Q&A: Can we legally ask folks what their plans are concerning their target-retirement date?

Congress
Links to:
Ø New Federal Employment and Labor Legislation and;
Ø Proposed Federal Employment and Labor Legislation

Disability ? ADAAA
ADA expansion opens disability protections to additional workers
Proving a disability is about to get much easier
Are You Ready for the ADA Amendments Act of 2008?
Amendments to Americans With Disabilities Act Signed Into Law

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
Mid-Atlantic DBTAC December 3, 2008 Bulletin here
Mid-Atlantic DBTAC ADA In Focus newsletter (Fall 2008) here
DBTAC Northwest offers series of teleconferences for ADA Coordinators

Disability - General
World Aids Day: Companies pledge to fight workplace discrimination and stigma against people with HIV
Section 508: Uncle Sam's Guide To Web Accessibility
Technology helps shatter limits of disability
Schedule A hiring authority allows federal employers to hire qualified people with mental retardation, severe physical disabilities or psychiatric disabilities to civilian positions

Diversity
Ad Industry targeted for lack of diversity; more here
Federal SES diversity: ?Mixed Bag?
How Do We Measure ROI on Diversity?
A 'Broad?s' Guide to Recruiting and Retaining Women

EEOC
Check here for periodically posted EEOC Informal Discussion Letters
EEOC filings reach a record number
EEOC to issue new GINA regulations, finalize those on disparate impact under ADEA

Gender
Sexes split on how to fix IT gender imbalance
The Inequality Illusion
Federally Employed Women: Legislative Priorities for 111th Congress

Harassment
Breaking Up Is Hard To Do: Love Contracts Can Make It Easier

LGBT
Call for Volunteer Researchers: Gender Identity Non-Discrimination Laws and Public Lavatory Climate

Nat Origin
An unacceptable practice - English only in the work place

Race
If you are having race-related issues on the job, corroboration is key
Are You Racially Biased?

Religion
Wearing Religious Attire in the Workplace: It's Your Right!
Bush administration leaves major mark on faith-based funding, experts say
Is It OK to Bring Religion Into the Workplace?

USDOL
New DOL posters available

Workplace
Q&A: Help! My Employee Calls Me Biased

Articles/Reports/Books/Etc.

Articles
Stereotypes, bias and personnel decisions

Reports
Report: Minorities turn to entrepreneurship to escape discrimination; download report here

Foreign Spotlight

Australia
Boeing Seeks Anti-Discrimination Employment Exemption Down Under

Canada
Job support for women fades during fiscal crisis
Workplace Harassment: Investigating an Internal Complaint
B.C. Human Rights Tribunal: Canada Line discriminated against Latin American workers who helped build Vancouver underground tunnel

England
Age and Gender Differences in Pay Discussion and Requests
Employment beyond 65 is not common in UK industry
What does the Queen?s Speech mean for women?

Corrections
The following link was broken in our November 26, 2008 newsletter. This one should work
Race
· Study: White adults who see discrimination often overweight

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Full post as published by New York Public Personnel Law on December 08, 2008 (boomark / email).