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News Related to Equal Employment Opportunity

EEO/iNews, iNews Related to Equal Employment Opportunity
© 2009 John D. Sargent, All Rights Reserved, republished with permission.

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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 most recent Sup Ct Watch list here
Ø SCOTUSblog?s most recent Petitions to Watch 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: (From SCOTUSwiki): The Court unanimously concluded that the ordinary meaning of ?oppose? includes giving a ?disapproving account? of unlawful behavior, even if the employee takes no further action on her own to seek to stop or remedy the conduct. Accepting the rule set forth in the EEOC?s Compliance Manual, the Court concluded that ?When an employee communicates to her employer a belief that the employer has engaged in . . . a form of employment discrimination, that communication virtually always constitutes the employee?s opposition to the activity.? The Court held open the possibility of ?eccentric cases? in which the employee makes clear his approval of the conduct in conveying the information (for example, describing a racist joke as hilarious probably wouldn?t count as opposing the joke-telling).
Ø January 26, 2009 decision here
Ø SCOTUS docket here
Ø SCOTUSwiki here

14 Penn Plaza LLC v. Pyett, No. 07-581
Enforceability of collectively bargained arbitration clause
(From SCOTUSwiki): Justice Thomas?s majority opinion held that nothing in either the National Labor Relations Act, which controls collective bargaining agreements made on behalf of union members, or the ADEA forbids unions from mandating arbitration to resolve statutory discrimination claims. The majority touted the importance of allowing parties to bargain contractually for exchanges of rights and responsibilities, and it noted that courts should generally not interfere in this process. According to the majority, ?[t]he decision to fashion a [collective bargaining agreement] to require arbitration of employment-discrimination claims is no different from the many other decisions made by parties in designing grievance machinery.?
Ø April 1, 2009 decision here
Ø SCOTUS docket here
Ø SCOTUSwiki here
Ø Noted here: Jones Day; Mintz Levin; 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
Ø December 10, 2008 Argument Transcript here
Ø SCOTUS docket here
Ø SCOTUSwiki here
Ø 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?
Ø March 31, 2009 Argument Transcript here
Ø SCOTUS docket here
Ø SCOTUSwiki here
Ø Noted here: Today?s Workplace

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.
Ø Set for argument April 22, 2009
Ø SCOTUS docket here
Ø SCOTUSwiki here
Ø Cornell Law School/LII here
Ø Noted here: ABC News; ABA Journal; NYTimes; WSJ; SCOTUSblog (argument preview); Discriminations; ACS (as noted at Workplace 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)
Ø SCOTUS docket here

Kellogg v.. Energy Safety Servs., Inc., No. 08-1013*
ADA ? Whether driving is a major life activity
Ø SCOTUS docket here
Ø Noted here: Adjunct Law Prof
Ø * Petition denied 4-6-09

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

Baxter v. Healthcare Corp., No. 08-960
TVII ? Summary Judgment standards
Ø SCOTUS docket here

McKnight v. Gen. Motors Corp., No. 08-1113
ADA ? Benefits to former employees
Ø SCOTUS docket here

Federal Appellate Court Decisions

Ø Paul Mollica?s Daily Developments in EEO Law here

5th Circuit
Ø Merritt v. United Parcel Service, No. 08-60448 (5th Cir. Apr. 16, 2009)(Unpub)
Affirming dismissal of 47yo Black male?s age/race discharge discrim suit

7th Circuit
Ø Brooks-Ngwenya v. Indianapolis Public Schools, No. 08-1973 (7th Cir. Apr. 16, 2009)
Affirming dismissal of discrim claims based on prior settlement

8th Circuit
Ø Peyton v. Fred's Stores of Arkansas, Inc., No. 08-2346 (8th Cir. Apr. 15, 2009)
Affirming dismissal of fem store manager?s disability (cancer)/discharge claim

9thCircuit
Ø Kastl v. Maricopa County Comm. College Dist., 07-35299 (9th Cir. Apr. 14, 2009)(Unpub)
Affirming dismissal of Transgender?s restroom-related TVII etc discrim claims but acknowledging that it is unlawful to discriminate against a transgender (or any other) person because he or she does not behave in accordance with an employer?s expectations for men or women
§ Noted here: Alaska Employment Law

Ø EEOC v. The Boeing Co., No. 07-16903 (9th Cir. Apr. 8, 2009)(Unpub)
EEOC flips dismissal of its sex/RIF claims for 2 fems

10th Circuit
Ø Pinkerton v. Colorado Dept of Trans, No. 07-1494 (10th Cir. Apr. 16, 2009)
Affirming dismissal of fired fem AA?s sex harass and retaliation claims, including rejection of cat?s paw argument

11th Circuit
Ø Dwyer v. Ethan Allen Retail, Inc., No. 08-10005 (11th Cir. Apr. 15, 2009)(Unpub)
Rejecting cat?s paw liability theory and affirming dismissal of disability (no left hand)/discharge discrim suit

Commentary on previously reported Federal Appellate Court decisions

Ø 1st Cir.
Ø Societal Stereotypes About Women May Support Title VII Discrimination Claim
Ø Claim or no claim: discrimination against moms with bigger broods
Chadwick v. Wellpoint Inc

Ø 5th Cir.
Ø 5th Circuit's Triple Feature Is a Fright Fest for Employees
Holloway v. Department of Veterans Affairs (Retaliation)
Cavalier v. Clearlake Rehabilitation Hospital Inc (Race (B))
Paul v. Northrop Grumman Ship Systems (Sex harassment)

Ø 7th Cir.
Ø Cat?s Paw Doctrine
Staub v. Proctor Hospital

Ø D.C. Cir
Ø Important Employment Award Not An Adverse Employment Action
Douglas v. Preston

State Roundup

AK
Ø DECIDED
· [4-7] NEA-Alaska must face trial over fem?s claims of HWE; order here

AZ
Ø DECIDED
· [4-10] Sunfire Glass hit w/ default judgment of $267K+ in EEOC sex harass suit that alleged the owner touched fems inappropriately, made obscene gestures, talked about their bodies and used vulgar language; EEOC press release here

CA
Ø DECIDED
· [4-13] St Ct App: Enforcing arbitration clause in disability/retaliation + suit vs Flo-Kem; more here, here
Ø FILED
· Fem Deputy Probation Officer sues Marin Cnty for age/gender/harassment + claims; sez she was denied advancement and was punished when she complained
Ø NEWS
· More on pregnancy/failure-to-hire suit vs Lucasfilm
· Cal St U Northridge target of age discrim complaint by Sociology Dept Prof
Ø SETTLED
· $450K settles EEOC?s suit vs Skilled Healthcare Group for harassment of Hispanic ees based on an English-only rule; more here

CO
Ø FILED
· Fired guy marshal sues CO Springs; sez he experienced sex discrim + retal
· [4-13] EEOC charge: Denver Mint fems say 2006 settlement of sex harass claims isn?t working;

DC
Ø FILED
· [4-9] 57yo fem cop sues US Capitol Police for age discrim; sez she was forced to choose between retirement or taking a civilian job

FL
Ø FILED
· Wal-Mart employee with MS files EEOC charge; sez he?s sick of harassment

GA
Ø DECIDED
· [4-13] Jury says Decatur Cnty should pay $750K for claims by 3 firefighters that, among other things, they were retaliated against for supporting the sex discrim claims of a rejected fem firefighter applicant
Ø FILED
· Dismissed fem administrator sues Fayette County for gender discrim

HI
Ø FILED
· [4-13] Ex-UH fem basketball coach files Title IX suit; says he was fired in retaliation for complaining about sex discrim vs fem players

IL
Ø DECIDED
· St Sup Ct: Illinois Human Rights Act Doesn't Bar Federal and State Claims
Ø NEWS
· [4-9] Settlement conf set in fem ex-researcher?s gender discrim suit vs UIC
· Southern Illinois University considering changes to sex harass policy

IA
Ø NEWS
· [4-15] IA House approves bill addressing wage discrimination against women

KY
Ø NEWS
· Fem Attys? gender/promotion grievances lead to review of Transportation Cabinet?s Office of Legal Services

LA
Ø FILED
· EEOC sues for disability discrim; sez Sonic failed to hire applicant for car hop/cook because of speech impediment

MD
Ø NEWS
· The number of complaints filed with the Howard County Office of Human Rights increased by about 10 percent in 2008
· Black Baltimore city cop acquitted of criminal assault charges; sez he was retaliated against for filing earlier EEOC charge

MA
Ø DECIDED
· [4-9] MCAD Dismisses Sexual Harassment Complaint Against Bingham McCutchen; more here
Ø FILED
· 60+yo Black Emerson College film prof files w/ MCAD: sez he was denied tenure because of age and race discrim
· Black profs w/ race discrim claims appear in diversity ads for Emerson College
Ø NEWS
· Opinion: Transgender bill not ready for prime time
· EEOC + noose incident + Allied Aviation at Green Airport

MI
Ø DECIDED
· [4-13] Knapp Motors must face trial over fem ex-employee?s sex harass claims; evidence includes computer screen pop-ups of a male sex organ
Ø FILED
· Washtenaw Cnty sued by suspended White cop for race discrim; similar suits by 2 other White cops coming
· [3-12] Canned White fem Sr Center Mgr sues Flint for race/gender discrim
Ø NEWS
· Jackson City mulling anti-discrim ordinance, including protection for sexual orientation
Ø SETTLED
· [4-9] Ecorse pays $15K to settle USDOJ/CRD?s suit for guy Supv?s sex harass of fems

MN
Ø SETTLED
· MPLS pays $740K to settle race discrim claims by 5 Black cops; more here

NY
Ø DECIDED
· [3-9] EEOC v. Nichols Gas - Psychotherapist-Patient Privilege Narrowly Applied In Women Workers' Sex Harassment, Groping Suit
Ø FILED
· Ex-Spanish teacher tells NYDSHR that Clarkstown schools fired her because she is Hispanic
· Two fem laborer?s file EEOC sex discrim charges vs NYCDEP; more here
· Wolff Olins sued by gay man who sez he was fired for complaining about anti-gay taunts
· Laid-off Sr Dir of Nat?l Accts for Martha Stewart Living Omnimedia's Body + Soul magazine files disability (fractured spine) discrim EEOC charge
Ø NEWS
· New Rules for Harassment Claims in New York City

ND
Ø DECIDED

· [4-9] Fired NDS SID?s $255K age/discharge ruling reversed by ND Sup Ct; more here
CNMI
Ø FILED
· Fired Bangladeshi kitchen helper sues Kalayaan Inc for discrim/retaliation

OR
Ø NEWS
· BOLI: Economic downturn will not slow down the state?s efforts to pursue civil rights complaints

PA
Ø FILED
· 5 ex-Antrim Township employees file age discrim charges w/ PHRC
· Cop sues State Police for disability discrim after being denied state certification because he takes Avinza
· 65yo special needs teach w/ back injury sues Wood Cnty Schools for age/disability discrim; also claims discrim becuz of her association with disabled
· [4-14] 66yo frmr Public Service Director sues Jefferson Hills for age/retaliation discrim
Ø NEWS
· PA House is gearing up for a fight over a bill to ban discrim vs gays, lesbians and the transgendered
· [4-13] Booted Radnor Township Mgr fires back w/ claims of retaliation/sex harass/racism/anti-Semitism
Ø SETTLED
· [4-3] Mediation resolves 57yo fired employee?s age discrim claim vs St. Paul Homes
· [4-15] Transteck, Inc., dba Freightliner of Philadelphia pays $60K to settle EEOC?s race discrim suit that it failed to give salary increases to a black diesel technician because of his race

SC
Ø FILED
· Fem cop files sex harass charge w/ EEOC; sez that Darlington Chief discriminated and retaliated against her when she refused his requests for sexual favors and complained about the harassment; Darlington atty investigating

TN
Ø DECIDED
· Jury awards $300K to White ex-Univ Tenn Chattanooga cop in retaliation suit; sez he was fired for complaining about reverse discrim
Ø SETTLED
· Cracker Barrel pays $255K to settle EEOC claims that fems were sex harassed/retaliated against by male managers and co workers

TX
Ø NEWS
· Amegy Bank of TX Nixes Use of Social Networking Sites in Hiring Process
· Dell Denies Age and Gender Discrimination Claims
VA
Ø NEWS
· Virginia Tech Concedes Overstepping on Diversity Requirement; more here
Ø SETTLED
· EEOC settles race/promotion suit vs Airgas Carbonic obo Black operator Plant Manager-wannabe for $40K
· Portsmouth settles w/ USDOJ over written exam that discriminated against African-American firefighter applicants; $145K settlement fund set

WA
Ø DECIDED
· [3-27] WA HRC dismisses Black fem?s race/disability discharge claims vs Neighborworks
Ø FILED
· [4-13] Discharged fem YWCA Exec Dir sues for disability etc discrimination
Ø NEWS
· Seattle Office for Civil Rights Launches Web-Based Discrimination Complaint Form

WI
Ø DECIDED
· St Ct App: Menard?s must reinstate fem atty and pay her $1.5M on her gender/wages and retaliation/discharge claim; Menard?s may refuse reinstatement
Ø NEWS
· [4-15] Use of N-word leads to suspension of Milwaukee Fire Chief

Topical

Age
Ø Be on guard for age discrimination suit if older worker offers to work for less
Ø The job search is even bleaker for boomers; more here
Ø Age Discrimination Claims on the Rise
Ø Q&A: Reader wants to know whether to file an EEOC age/wages charge

Congress
Ø Paycheck Fairness Act: More bad news for employers

Disability ? ADAAA
Ø Disability Law Changes Really Hit Home

Disability ? Federally Supported Online Resources
Ø DBTAC: Disability and Business Technical Assistance Centers
§ 2008-09 ADA Employment Webinar Series
§ 2008-09 ADA Audio Conference Schedule
§ April 15, 2009 Mid-Atlantic DBTAC Bulletin here
Ø JAN: Job Accommodation Network

Diversity
Ø Latinos: 10 Things NEVER to Say to Latino Executives
Ø Virginia Tech Concedes Overstepping on Diversity Requirement
Ø Diversity: The Obama Effect

EEOC
Ø Check here for periodically posted EEOC Informal Discussion Letters
Ø EEOC Laughing Stock?: EEOC Chair replies
Ø EEOC case load soaring
Ø More on the EEOC?s FLSA gaffe
Ø Caregiver Bias: Commission To Meet April 22 On Caregiver Bias

Gender
Ø Ledbetter Fair Pay Act
§ Obama Administration distorts Supreme Court decision, breaks campaign promises
§ Employers should scrutinize their payrolls now before paycheck-bias suits become a target
§ How to comply
§ The Ledbetter Fair Pay Act - What Every Employer Needs To Know
§ Employers should conduct self-audit to head off problems
Ø Bandana Project: Female Farm Worker Harassment a Huge Problem

Genetics
Ø EEOC Has Proposed Rules for GINA Legislation

Harassment
Ø Vault?s 2009 Office Romance Survey; noted here
Ø Jobs With The Most Reported Sexual Harassment Cases

LGBT
Ø Faith Groups Increasingly Lose Gay Rights Fights
Ø Trans Privacy: Ensuring the Privacy of Transgender Employees in the Face of Public Transition

Litigation
Ø Laid-off workers increasingly turn to lawsuits

Nat Origin
Ø Some Important Guidelines Regarding National Origin Discrimination

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

Pregnancy
Ø Surprises of the Pregnancy Discrimination Act

Race
Ø Weathering the Storm: Black Men in the Recession

Religion
Ø HHS Conscience Clause:
§ Religious Voices Weigh in on Conscience
§ Medical pros seek freedom to follow their consciences
§ The Conscience Clause: What Would Hobbes Do?

Retaliation
Ø No Mistreatment of Complaining Employees Should Be Tolerated

USDOL
Ø OFCCP: Adverse Impact Analyses In OFCCP Enforcement

Workplace
Ø Someone?s Gotta Go: Fox reality show lets employees decide who gets sacked; some think its got liability written all over it; more here, here
Ø Unrealistic Job Goals: Can setting unrealistic job goals be considered 'discrimination'?
Ø How to manage 10 sticky situations at work

Articles/Reports/Books/Etc.

Articles
Ø GINA: The Genetic Information Nondiscrimination Act of 2008: A Case Study of the Need for Better Congressional Responses to Federalism Jurisprudence
Ø Recently Published Scholarship, as posted on Workplace Prof Blog 4-15-09
Ø More Recently Published Scholarship, as posted on Workplace Prof Blog 4-15-09

Reports
Ø Age: Age & Generations: Understanding Experiences At the Workplace (Mar. 2009); noted here
Etc.
Ø Disabilities: 2008 Survey of Employer Perspectives on the Employment of People with Disabilities (Nov. 2008); noted here

Foreign Spotlight

Canada
Ø Harassment: When an office romance leads to harassment case
Ø Gender Discrimination: Halifax fem firefighter files sex discrim charge w/ NSHRC
Ø Maternity: Decision to replace homecare worker during maternity leave not discrimination
Ø Study: A little sexual innuendo might be good for a laugh, but it?s lousy for morale and productivity

England
Ø Sex discrim: New research says men are more intelligent than women
Ø Recession: More women than men are leaving in the recession
Ø Equal Pay: Computing the Equal Pay Limitation Period

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_____________________________________________________________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. 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. Mr. Sargent?s mailing address is PO Box 832, Geneva, Ohio, 44041. Number of news links in this edition: 189

Full post as published by New York Public Personnel Law on April 20, 2009 (boomark / email).