3 min read
Supreme Court Rules in Mach Mining V. EEOC
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...
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EEO Case Law (5)
2 min read
SUPERVISOR RACIALLY HARASSED BY SUBORDINATE
May 11, 2015, 10:16:37 AM
Ordinarily, a subordinate would be nuts to harass a supervisor, particularly if the supervisor has the authority to affect the subordinate’s terms...
2 min read
Some Thoughts on OFCCP'S Section 503 Revised Regulations Regarding "Invitation to Self-Identify as IWDs (Individuals With Disabilities)"
May 5, 2015, 9:24:58 AM
This issue is beginning to give me some heartburn. I’ve had dozens of inquiries this past year about the new “OFCCP’s New Regulation to Improve Job...
3 min read
Supreme Court Ruling in Young V. UPS: A Major Victory For Pregnant Employees
Apr 12, 2015, 2:17:24 PM
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...
2 min read
4th Circuit Affirms Lower Court Ruling in EEOC v. Freeman
Mar 2, 2015, 11:43:18 AM
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...
2 min read
Allstate Sidesteps Retaliation Claims by Offering Agents Waiver Agreement
Feb 24, 2015, 11:49:30 AM
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...
1 min read
Supreme Court Oral Arguments on EEOC V. Mach Mining
Jan 19, 2015, 10:10:36 AM
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...
2 min read
SCHOOL JANITOR WITH ASPERGER'S DISORDER IS DEEMED REGARDED AS BEING DISABLED
Jan 12, 2015, 11:34:05 AM
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...
1 min read
DOJ Joins Chorus on Gender Stereotyping
Jan 5, 2015, 11:29:21 AM
In prior Alerts, we reported that the OFCCP was set to release final rules on banning discrimination against gay, lesbian, bisexual and transgender...
1 min read
EEOC Ordered to Reveal Information Regarding its own Background Check Policy in EEOC V. BMW Case
Jan 2, 2015, 11:03:14 AM
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...
1 min read
Another Example of the Because of Sex Standard
Dec 30, 2014, 10:44:33 AM
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...
3 min read
EEOC Set to Address Gender Preference as "Sex Stereotyping"
Nov 26, 2014, 10:38:24 AM
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...