The ruling was handed down on 4/29/15 [2015 U.S. Lexis 2984]. I previously reported on the oral arguments in this case in an alert dated 1/19/15. As reported in that Alert, a woman, Brooke Petkas, and a class of female applicants for non-office jobs...
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May 13, 2015
May 11, 2015
Ordinarily, a subordinate would be nuts to harass a supervisor, particularly if the supervisor has the authority to affect the subordinate’s terms and conditions of employment. There are several such cases. For example, in the most recent of these...
The facts of the case are that Peggy Young, a part-time truck driver for UPS, became pregnant and was restricted by her doctor from lifting more than 20 pounds (the standard UPS requirement being 70 pounds). UPS offered Young unpaid pregnancy leave...
March 02, 2015
We have discussed the Freeman case in several Alerts (8/22/12, 9/14/13 & 3/3/14). The challenge was to Freeman’s use of background checks and criminal records adversely impacted blacks, Hispanics, and males. The EEOC also charged Freeman with a...
The case is EEOC v. Allstate, decided by the 3rd Circuit on 2/13/15 [2015 U.S. App. LEXIS 2330]. Historically, Allstate agents worked through Sears and/or company owned offices via employment contract. Subsequently, in one reorganization, new agents...
January 19, 2015
The facts of the case are that Brooke Petkas and a class of female applicants for non-office jobs at Mach Mining sued Mach Mining, arguing that the company had never hired even a single female for non-office jobs. In fact, the company did not even...
The case is Bellerose v. SAW No.39, decided by Judge Paul Barbadoro of the District Court of New Hampshire on 12/29/14 [2014 U.S. Dist. LEXIS 177718]. The facts of the case are that Bellerose, a school janitor, had difficulty communicating with his...
January 05, 2015
In prior Alerts, we reported that the OFCCP was set to release final rules on banning discrimination against gay, lesbian, bisexual and transgender (LGBT) individuals in accordance with President Obama’s Executive Order 13672. We also noted that...
January 02, 2015
The ruling was issued on 12/8/14 by Judge Henry M. Herlong, Jr. of the District Court of South Carolina, Spartanburg Division. The ruling overturns a prior magistrate’s ruling that BMW failed to show that the request would help the company prove...
December 30, 2014
The case is Rickard v. Swedish Match N. America, in which the 8th Circuit affirmed summary judgment for Swedish Match on 12/2/14. The case involved claims of both sexual and age harassment, but for present purposes, the focus is on the sex claim. ...
November 26, 2014
The Employment Non-Discrimination Act (ENDA), a proposed bill in each Congress since 1994, is about to fail for what, by my count, would be the 11th time. The bill was proposed to amend Title VII to treat lesbian, gay, bisexual and transgender...
