Lawyers USA Your Business Partner

EEOC sees record number of private sector bias charges 

Published: January 26, 2012

Tags: EEOC, employment discrimination

WASHINGTON – Fueled in part by an increase in age and disability discrimination claims, the Equal Employment Opportunity Commission received a record-high 99,947 charges of employment discrimination in fiscal 2011, the agency announced this week.

Court considers jurisdiction for MSPB appeals 

Published: January 18, 2012

Tags: appeal, employment discrimination, jurisdiction, Merit Systems Protection Board, Supreme Court

The U.S. Supreme Court has agreed to decide whether the Federal Circuit or district courts have jurisdiction to hear the appeal of a Merit Systems Protection Board decision that contains disputed termination and unlawful discrimination claims.

Ministerial exception case could have ‘explosive’ impact 

By: Kimberly Atkins
Published: January 17, 2012

Tags: employment discrimination, First Amendment, ministerial exception, religious organizations, sex abuse, Supreme Court

WASHINGTON – The U.S. Supreme Court’s ruling that the First Amendment’s ministerial exception bars job-bias suits against religion-based employers will likely have an impact far beyond discrimination claims.

The affirmative defense could be invoked in other cases, including those alleging sexual abuse by members of the clergy.

EMPLOYMENT LAW 

Published: January 13, 2012

Tags: appeal, employment discrimination, jurisdiction, Merit Systems Protection Board, Supreme Court

Does the Federal Circuit or district courts have jurisdiction to hear the appeal of a Merit Systems Protection Board decision that contains both disputed termination and unlawful discrimination claims?

See “Court considers jurisdiction for MSPB appeals”

Kloeckner v. Solis, No. 11-184.Certiorari granted:  Jan. 13, 2012. Ruling
» Continue Reading.

Separation agreement inadmissible in Title VII case 

Published: December 30, 2011

Tags: employment discrimination, Title VII

A gender discrimination plaintiff should not have been allowed to introduce evidence of a proposed separation agreement in order to prove her employer’s liability, the 8th Circuit has ruled in reversing a $709,000 judgment.

EEOC cuts charge inventory for first time in nine years 

Published: November 18, 2011

Tags: administrative enforcement, EEOC, employment discrimination

WASHINGTON – In the same year that the Equal Employment Opportunity Commission received the largest number new discrimination charges in its 46-year history, the agency also reduced its current charge backlog by 10 percent – the first such reduction in almost a decade.

First new Wal-Mart bias suit filed after Supreme Court ruling 

By: Kimberly Atkins
Published: October 28, 2011

Tags: class action, employment discrimination, Supreme Court, Title VII, unequal pay, Wal-Mart

The first of what promises to be many smaller-sized job discrimination class actions against Wal-Mart in the wake of a U.S. Supreme Court ruling barring a single massive class has been filed in California.

Justices tussle over ADA ministerial exception 

By: Kimberly Atkins
Published: October 5, 2011

Tags: Americans with Disability Act, employment discrimination, First Amendment, ministerial exception, Supreme Court

WASHINGTON – During heated oral arguments Wednesday in a case involving religious doctrines, government interests and claims of job discrimination, the justices of the U.S. Supreme Court tried to carve out just how much constitutional leeway religious organizations have to fire employees without facing a job bias claim.

Law firm may be liable for pressing settlement 

Published: September 29, 2011

Tags: duty of loyalty, employment discrimination, fiduciary duty

A law firm can be sued for breaching its duty of loyalty based on its allegedly agreeing with an employer to encourage settlement of its clients’ employment discrimination claims, the 2nd Circuit has ruled in reversing dismissal.

USERRA requires comparable earning potential 

Published: September 15, 2011

Tags: employment discrimination, Uniformed Services Employment and Reemployment Rights Act, USERRA

A bank violated federal employment discrimination law when it failed to reinstate a financial advisor to a position with similar client accounts and commission opportunities when he returned from military service, the 2nd Circuit has ruled in affirming judgment.