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EEO/iNews
Cases and items related to equal employment opportunitySource: EEO/iNews ? iNews Related to Equal Employment Opportunity, © 2009 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 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
o January 26, 2009 decision herei style='mso-bidi-font-style:normal'>
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: Workforce Management; Jackson Lewis; Fisher & Phillips, McGuire Woods; NY Times; California Labor & Employment Law Blog; Employer Law Report; Littler; Buchanan, Ingersoll and Rooney; HR Lawyer?s Blog; SCOTUSblog (opinion analysis); Proskauer Rose; Fox Rothschild

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 SCOTUSWIKI here
o 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.
o Set for argument April 22, 2009
o SCOTUS docket here
o SCOTUSWIKI here
o Cornell Law School/LII
o Noted here: Los Angeles Times; Hartford Courant; SIOP; FireFightingNews; Connecticut Employment Law Blog; Fox News (transcript); Work Place Prof Blog (NYU amicus brief)

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
T 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

3rd Circuit
Webb v. City of Philadelphia, No. 07-3081 (3rd Cir. Apr. 7, 2009)
Affirming dismissal of fem cop?s religion discrim etc claims; wearing hijaab impairs city?s interest in impartial police uniform

Noted here: Law.Com

5th Circuit
Powers v. Woodlands Religious Community Inc., No. 08-40709 (5th Cir. April 8, 2009)(Unpub)
Affirming dismissal of 49yo ex-employee?s age/discharge claim

Ollie v Plano Independent School District, No. 08-41082 (5th Cir. Apr 8, 2009)(Unpub)
Pro Se teacher manages to flip dismissal of her TVII race/HWE/retal claims where district court, on remand, must re-evaluate whether to enforce settlement agreement; dismissal of ADEA claim affirmed

Utley v. MCI, No. 08-10328 (5th Cir. Apr.7, 2009)(Unpub)
It might have taken the district court 100+ pages to dismiss multiple age/layoff, retaliation/failure-to-rehire claims, but it only takes two paragraphs for the Fifth Circuit to affirm

Wooten v. Federal Express Corp., No. 07-10555 (5th Cir. Apr. 7, 2009)(Unpub)
pan style='font-size:12.0pt;font-weight:normal'>Affirming dismissal of interracial married couple?s HWE/discipline/retaliation claims [Ed. Paul Mollica calls this a genuine head-scratcher]

Cox v. DeSoto County Mississippi, No. 08-60004 (5th Cir. Apr. 3, 2009)
Denial of state unemployment no bar to federal ADEA retaliation claim

Carter v. Ford Motor Co., No. 08-1082 (6th Cir. Apr. 2, 2009)
Affirming dismissal of fem?s gender/discharge etc claim

6th Circuit
Miller v. City of Canton, Ohio, No. 08-3163 (6th Cir. Apr. 3, 2009)(Unpub)
White cop can go to trial on claims that he suffered retaliation for opposing discrimination against Black cops an style='color:red; font-weight:bold'>

Cobbins v. Tennessee Dept. of Transp., No. 07-6491 (6th Cir. Apr. 3, 2009)(Unpub)
Reversing dismissal of Black maintenance worker?s race/promotion claim

7th Circuit
Hampton v. Ford Motor Co., No. 08-1346 (7th Cir. Apr. 6, 2009)
Fem hourly worker waived her co-wrkr/gender harass and discrim rights when she accepted a voluntary buyout; dismissal affirmed

9thCircuit
Wyatt v. Horkley Self-Serve, Inc., No. 08-35063 (9th Cir. Apr. 1, 2009)(Unpub)
Affirming sex harass award of $466K+ and $291K atty fees

DC Circuit
In Re: DC Water And Sewer Authority, No. 08-7099 (D.C. Cir. Apr. 3, 2009)
Denying untimely petition to challenge class certification order in Black hiring/promotion discrimination case

Commentary on previously reported Federal Appellate Court decisions

1st Cir.
o No Individual Liability under Title VII
Fantini v. Salem State College

2nd Cir.
o A Win for Working Mothers
Chadwick v. WellPoint, Inc.

o Federal Law Does Not Permit Racial Discrimination Based Upon Client's Preferences
Pleener v. NYC Board of Education

5th Cir.
o 5th Circuit doesn't buy salesman's argument
Taylor v. Peerless Industries, Inc.

o Is calling an African American man a "boy" on two occasions enough to create a hostile work environment based in race?
Cavalier v. Clearlake Rehabilitation Hospital, Inc.

9th Cir.
o ADEA is the exclusive remedy for age discrimination in employment in public sector
Ahlmeyer v Nevada System of Higher Ed.

State Roundup

AL
NEWS
Hearing on whether to hold Jefferson County in contempt of 1982 race/gender consent decree resumes April 20

AK

Alaska Employment Law Blog: Proving Pretext ? An Annotated Checklistt>

CA
FILED
[3-17] CDFEH accuses Mariposa County?s Public Works Department of retaliation against fired fem who complained of Supv?s degrading comments about women
Woman claims LucasFilm yanked job when she got pregnant
[4-6] Stockton sued by fem Dep City Atty for sex harass by male City Atty
NEWS
Supervisors must complete mandated harassment training

CO
FILED
[2-26] Fired ad saleswoman sues Glenwood Springs Post Independent for sex/religion + retal discrim; says she was forced to spend lunch hours praying in church
EEOC sues PetCo; says deaf groomer was victim of trickery and subterfuge
NEWS
TSA + sex/HWE @ DIA = EEOC charge
SETTLED
Moffat Cnty Commish pays $15K to settle ex-Parks and Rec ee who says she was fired for complaining about religious harassment

FL
DECIDED
Black fem teacher?s transfer/retaliation case vs Pensacola Schools survives dismissal
Judge overturns $75K age discrim JV for laid-off 62yo fem North Lauderdale receptionist
NEWS
Affidavits say no sex harass at Panama City State Attorney?s Office
Gainesville voters keep ban on sexual orientation and gender identity discrim

GA
[3-9] Kennesaw sued for race harass in Public Works Deptt color=red>

I
NEWS>
Boise State University facing gender/wages suit by frmr fem ass?t rack and field coach

IL
FILED
[4-8] ConMed Corp sued by EEOC for race/discharge discrim obo Black salesman
NEWS
Northwestern adds gender identity to non-discrimination policy
Mayor Daley?s office pressured City Colleges of Chicago to hire a Hispanic woman over a qualified Black employee, suit says
[3-30] More on pin-up atty?s gender suit vs Playboy; complaint here; more here (mp3)

IN
NEWS
[4-8] Age bias bill loses its teeth in Senate

IA
FILED
Fem personnel assistant sues Opportunity Village for supervisor sex harass + retaliation

KY
FILED
LEO Acquisitions sued by fem frmr auditor for sex harass and gender discrim

LA
NEWS
Discrimination investigated at Office of Alcoholic Beverage Control in Baton Rouge

MA
NEWS
Advocates push to add gender identity to MA anti-discrimination law; more here

MI
FILED
Frmr bus mechanic sues Elkton-Pigeon-Bay Port Laker School District for age/discharge discrim
[4-7] White fem Detroit ex-Corporate Counsel, forced to step down after ?ghetto court? sues for race discrim + retaliation
NEWS
Cintas prevails in discrimination lawsuits; class certification denied; more here

MN
FILED
[3-31] Hibbing Taconite Company sued by EEOC for denying employment to laborer applicant when it learned that he was hearing impaired and required an interpreter

MO
FILED
[4-7] Black frmr St. Louis fire chief sues for race/demotion discrim

NEWS
Springfield Mayor's Commission on Human Rights and Community Relations may be axed

MT
DECIDED
Jury says no discrimination in fem prof?s gender/wages lawsuit vs MSU

NV
DECIDED
[3-31] NLRB targets M Resort for firing security workers who complained about sexual discrim/harassment issues etc.; more here
NEWS
Trans Community: Trans Gender employment discrim served with a side of humiliation
Equal Rights Amendment subject of hearing on April 9

NH
DECIDED
[3-20] Petty slights and minor annoyances do not a constructive discharge make; frmr fem Exeter police prosecutor?s gender discrim claim dismissed
NEWS
NH lawmakers debating transgender rights bill; House passes transgender protection by one vote

NJ
DECIDED
Black retired Atlantic City cop loses appeal of his race discrim/HWE/retaliation claims
[3-31] Pangione v. Floral Expressions Inc.: Trial judge should not have dismissed 2+ year-old gender discrim suit for delay; plaintiff was caring for dieing father

NY
FILED
[4-3] Playboy Magazine's former fashion director sues; says he was fired because of his sexual orientation and his age; more here; here
NEWS
Sexual harassment claims voluntarily dismissed against College of Mt. St. Vincent
NYC sex harass landscape altered by 2 decisions: http://www.law.com/jsp/nylj/PubArticleNY.jsp?id=1202429753098

SETTLED
[4-8] Marjam Supply Company pays $495K to settle EEOC suit that alleged discipline/termination/HWE/retaliation discrimination vs 5 Black employees

ND
NEWS
ND House votes against expanding protection for gays and lesbians
CNMI
SETTLED
The long arm of the EEOC reaches to the North Mariana Islands; Yun?s Inc supermarket chain pays $80K to settle claims that male supv sex-harassed 6 fem cashiers

OH
DECIDED
[3-11] Pregnancy Discrimination; Ohio Civil Rights Act does not merely require that pregnant employees be treated the same as male employees, it requires the employer to provide maternity leave even if similarly disabled male employees are not entitled to a leave of absence; St Ct App opinion here
NEWS
Streetsboro Mayor subject of OCRC sex harass + retal charges by 2 fems; council mulling removal
Errata: Ohio does prohibit cost-shifting for pre-employment medical exams

OK
FILED
Fired Sperry Public Schools ee files disability discrim/span> EEOC charge; says she has skin cancer and was forced to work playground duty in the sun
[4-7] Hilti of America, Inc. sued for gender discrimn>; suit says hiring and promotion practices create a glass ceiling throughout the United States by preventing women from advancing beyond entry-level sales positions

PA
DECIDED
Age/discharge + suit vs Washington County dismissed
FILED
Easton Hospital sued for gay/discharge discrim by fired gay fem
[4-6] Wage discrim suit vs. Richland Township schools by 22 fem teachers could cost $1M+; more here
Fired fem director of Lancaster County's Children and Youth Agency sues for age (60) + disability (multiple physical impairments) discrim
NEWS
House Bill 300 would add sexual orientation, gender identity or expression to the Pennsylvania Human Relations Act

SC
SETTLED
Historically Black Benedict College pays $165K to settle EEOC race discrim suit obo 3 White non-renewed profs; each to get $55K

SD
NEWS
[4-6] Rapid City declines to extend discrim protection to sexual orientation/gender identity
TN
FILED
Black cop sues Franklin for race/discharge discrim: says he and White cop had affairs w/informant ? he got fired and White cop got promoted
NEWS
[3-27] A Clarksville police officer who settled a racial discrimination suit against the city two years ago for $150,000 has been fired
THRC opposes English-only bill

TX
DECIDED
[4-2] Sex harass> suit vs atty Richard Laminack
FILED
[4-3] Highest-ranking Dallas Fire-Rescue civilian fem files EEOC charge; says she was demoted after complaining about lewd e-mails and sexual harassment from higher-ups
Fired 51yo fem cop sues Pilot Point for age, sex and retaliation discrim
NEWS
Dismissed Poteet Schools AD threatens race discrim suit

UT
FILED
Tepanyaki JSH & SB sued by EEOC for pregnancy/firing discrim

VA
NEWS
Charges of bias rising in state
Charlottesville partners w/ UVA to increase outreach efforts to potential minority employees

WA
DECIDED
St Ct App reinstates fired leukemia victim?s $1M disability/rehire case vs Boeing

WV
NEWS
W.Va. sexual orientation bill shelved for session
NEWS
Darien Village Board fires Police Chief for many reasons including that he created a hostile work environment and exposed the village to liability by having an inappropriate relationship with a subordinate.

WY
NEWS
WDH encouraging local hearings on mental illness discrimination

Topical

ADR
Ø Contractual jury waivers; better than arbitration agreements

Age
Ø Older job-seekers say they feel age discrimination>
Ø IT: Afraid of losing your job to a younger, cheaper IT worker?

Congress
Ø Essay: Proposed labor and employment legislation likely to be enacted by the 111th Congress

Disability ? ADAAA
Ø Avoid a tsunami: learn how to navigate the choppy seas of disability law in the United States to avoid a potential tsunami

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
Ø JAN: Job Accommodation Network
Second Quarter 2009 Online Newsletter

Disability - General
Ø USDOL Publication: Diversifying Your Workforce, A Four-Step Reference Guide to Recruiting, Hiring & Retaining Employees with Disabilities
Ø Q&A: Can safety concerns justify withdrawal of job offer from individual with disability?
Ø Cancer: Do you know? Legal risks in considering cancer survivors for employment
Ø Disability and Overtime: 2 recent decisions say that overtime must be distributed to disabled and non-disabled employees in a non-discriminatory manner

Diversity
Ø African Americans: The DiversityInc Top 10 Companies for African Americans
Ø Asian American Women: Which Industries Are Best for Asian-American Women?
Ø Large Law Firms: Large law firms have made progress on diversity, but have a way to go, report says

EEOC
Ø Check here for periodically posted EEOC Informal Discussion Letters
Ø Is the EEOC a laughingstock?: NYT sez Congress needs to provide full support to restore the E.E.O.C. to something more than a laughingstock
Ø GINA Regs: EEOC issues proposed rules to enforce Title II of the Genetic Information

Nondiscrimination Act; more here
Ø Russell Reed: Frmr head of EEOC?s Office of Legal Counsel returns to Akin Gump

Gender
Ø Health Insurance: Women Pay The Price
Ø Recession hits male workers more
Ø Glass Ceiling: Weight discrimination could contribute to the glass ceiling effect for women, study finds
Ø Ladies-only lunch: Supervisor's ladies-only lunch could be discriminatory
Ø Bandana Project: Call to action to put a stop to sexual exploitation of female immigrant laborers

Genetics
Ø GINA Regs: EEOC issues proposed rules to enforce Title II of the Genetic Information

Nondiscrimination Act; more here

Harassment
Ø Sexual Harassment: n style='font-style:italic'>US Army 101st Airborne concludes investigation into allegations of sexual harassment at Bagram Air Base, Afghanistan; noted here
Ø More Sexual Harassment and the Army: Army Launches Sexual Harassment/Sexual

Assault Prevention Summit
LGBT
Ø Reparations: Reparations for gay Americans

Race
Ø Urban League?s The State of Black America 2009: Message to the President (Exec Summary)
Ø NAACP tells top Ad Agencies: >Stop Discriminatory Practices
Ø Don't Be a Proverbial Crab-in-a-Barrel in 2009 and Beyond!
Ø Supermarket Industry: legal and political pressures influence African Americans? access to managerial positions

Recruitment
Ø Rites of spring: The hidden dangers of hiring unpaid interns/i>

USDOL
Ø The Center For Corporate Equality Calls For Transparency In OFCCP?s Reporting

Workplace
Ø Independent Contractor or not?: Factors in distinguishing between an employee and independent contractor
Ø Handling Layoffs Can Be Tricky
Ø Laying off the Protected

Articles/Reports/Books/Etc.

Articles
Ø Obama's Big Deal: The 2009 Federal Stimulus - Labor and Employment Law at the Crossroads
Ø When Does a Foreign Law Compel a U.S. Employer to Discriminate Against U.S. Expatriates?: A Modest Proposal for Reform
Ø Pleading Disability
Ø Judicial Preemption of Punitive Damages
Ø How the New Economics Can Improve Discrimination Law, and How Economics Can Survive the Demise of the 'Rational Actor'

Reports
Restaurant Opportunities Center of New York: The Great Service Divide: Occupational Segregation & Inequality in the New York City Restaurant Industry (March 31, 2009); noted here
Ø Center for Corporate Equality: A Review Of OFCCP?s Enforcement Statistics: A Call For Transparency In OFCCP?s Reporting (March 2009); noted here
Ø Leadership Conference on Civil Rights: Restoring the Conscience of a Nation: A Report on the U.S. Commission on Civil Rights (March 2009); noted here
Ø NY State Dept of Civil Service: Diversity in the New York State Workforce: A Look at the Last Decade, and the Next (March 2009); noted here
Etc.
Ø Documentary: No Place for A Woman (American RadioWorks) Sexual harassment in the iron mines of Northern Minnesota

Foreign Spotlight

Canada
Ø Sex: Sexual banter at work not beneficial: study; also here
Ø Sexual Harassment Study: 44% of women working in clothing, accessory and general merchandise retail stores report sexually harassment in the last two years.

China
Ø Sex Harass: No Longer Silent: Sexual Harassment in China

England
Ø Race discrim: Black Northampton Council member forced to eat lunch alone and told she did not fit in; wins £112,000
Ø LGBT: Lesbians win compensation [up to £136,000] for sexual discrimination
Ø Age: Age-based promotion denial may net 56yo manager £500,000

Japan
Ø Sexual Harassment: Dealing with Sexual Harassment in the workplace

South Korea
Ø Gender Equality: Gender Equality in Reconciling Work and Childcare in South Korea

The World
Ø The Global Gender Gap Report 2008; noted here

Full post as published by New York Public Personnel Law on April 13, 2009 (boomark / email).