Black firefighter can pursue disparate-impact claim 
Published: August 18, 2011
Tags: disparate impact, disparate treatment, employment discrimination, Ricci v. Destefano, Title VII
An African-American firefighter can proceed with a Title VII claim alleging that a promotional exam had a disparate impact on minorities – even though his employer argued that its actions were necessary to avoid disparate-treatment liability, the 2nd Circuit has ruled in reversing a dismissal.
Employee can introduce ‘me too’ evidence of harassment
Published: August 15, 2011
Tags: employment discrimination, sexual harassment
An employment discrimination plaintiff can introduce evidence of harassment directed at other employees even though the activity happened outside the plaintiff’s presence and not while the plaintiff was employed at the company, the California Court of Appeal has ruled in reversing a jury verdict for the employer.
Plaintiff has more time to sue for retaliation under §1981
Published: August 9, 2011
Tags: employment discrimination, retaliation, statute of limitations, §1981
A retaliation lawsuit brought under §1981 is subject to a four-year statute of limitations, not the state personal injury time-bar, the 9th Circuit has held in reversing a dismissal.
Supremes nix Wal-Mart workers’ class action bid
Published: June 20, 2011
Tags: class action, employment discrimination, Federal Rules of Civil Procedure, Supreme Court, Wal-Mart
A group of more than a million sex discrimination plaintiffs cannot be certified as a class under Rule 23(a) because their claims do not depend upon a common contention capable of class-wide resolution, the U.S. Supreme Court has ruled.
CLASS ACTIONS
Published: June 20, 2011
Tags: class action, employment discrimination, Federal Rules of Civil Procedure, Supreme Court, Wal-Mart
A group of more than a million sex discrimination plaintiffs cannot be certified as a class under Rule 23(a) because their claims do not depend upon a common contention capable of class-wide resolution.
No summary judgment ‘exception’ in job-bias cases
Published: June 3, 2011
Tags: employment discrimination, Title VII
Plaintiffs were not entitled to a deferential summary judgment standard with respect to claims that a city engaged in disparate-impact discrimination when it failed to hire them for firefighter positions, the en banc 8th Circuit has ruled in affirming judgment.
Nevada passes law protecting transgender workers
Published: May 17, 2011
Tags: employment discrimination, gender expression, gender identity, transgender, workplace bias
The Nevada legislature passed a law that prohibits employment discrimination on the basis of gender identity or expression.
Ledbetter Act revives constitutional pay claims
By:
Pat Murphy
Published: March 31, 2011
Tags: employment discrimination, equal protection, Lily Ledbetter Fair Pay Act, race discrimination, Title VII, §1983
The Lilly Ledbetter Fair Pay Act applies retroactively to both statutory and constitutional pay discrimination claims filed by white police officers, the 7th Circuit has ruled in reversing judgment.
Job discrimination settlement is taxable
By:
Pat Murphy
Published: March 30, 2011
Tags: employment discrimination, taxation
A taxpayer’s gross income included proceeds from the settlement of a discrimination lawsuit against her former employer, the 5th Circuit has ruled.
Wal-Mart employees face Supreme skepticism
By:
Kimberly Atkins
Published: March 29, 2011
Tags: class action, employment discrimination, Federal Rules of Civil Procedure, Supreme Court, Wal-Mart
WASHINGTON – The case of Wal-Mart Stores v. Dukes involves a complex set of legal and procedural issues that will determine whether a group of 1.5 million current and former retail store employees can join to form the largest class ever in an employment discrimination case.
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