Labor & Employment Law

Ruth Marcus Tries To Rescue Sotomayor From Ricci
In the Washington Post this morning Ruth Marcus attempts to rescue Sonia Sotomayor from her decision to deny Frank Ricci, the white New Haven firefighter, the promotion he had earned...

EEOC Proposes Rule Addressing Disparate Impact Claims Under the Age Discrimination in Employment Act
The EEOC recently issued proposed regulations addressing disparate impact claims under the ADEA.  The proposed rule addresses the Supreme Court ruling in Smith v. City of Jackson 544 U...

EEOC Issues Proposed Rules on Disparate Impact
On March 31, 2008, the EEOC issued a Proposed Rules with respect to disparate impact claims. They were issued just about 3 years after the Supreme Court's decision in Smith v. City of Jackson, 544 U...

5th Issues Important Decision Over Whether Disparate Treatment EEOC Charge Would Support Disparate Impact Claim
McClain v. Luflin Industries, __F.3d__(5th Cir. March 10, 2008), is an important employment discrimination case. This is a lengthly opinion which contains a significant amount of law...

Ricci Glitch
The following post was written by my FIU colleague Kerri Stone, who writes on employment discrimination: In Ricci v. DeStefano, the Supreme Court held that ?under Title VII, before an employer can engage in intentional discrimination for the asserted purpose of avoiding or remedying an unintentional disparate impact, the employer must have a strong basis in evidence to believe it will be subject to disparate-impact liability if it fails to take the race-conscious, discriminatory action...

"Sotomayor And 'Disparate Impact': The controversial New Haven firefighters case illustrates a civil rights paradox."
"Sotomayor And 'Disparate Impact': The controversial New Haven firefighters case illustrates a civil rights paradox." Stuart Taylor Jr. has this essay in the current issue of National Journal magazine.

Mirrors
Recalled Due to Impact and Laceration Hazards