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14 Mar, 2007 7:14 am
... will keep reading. The defendants also requested attorneys fees. Defendants in 1983 cases are only entitled to fees when "upon a finding that the plaintiff's action was
frivolous, unreasonable, or without foundation, even though not brought in subjective bad faith." Christiansburg Garment Co. v. EEOC, 434
U.S. 412, 421 (1978). The First upholds the denial by saying that the lower court considered the plaintiffs' claims, and saw that ...
27 Dec, 2008 9:17 am
... employees or their sexual harassment lawyers have the option of filing a cliam with the EEOC or Illinois Department of Human Rights in
either Chicago or Springfield. A lawsuit was filed in the U.S. District Court for the Western District of Michigan alleging the ... the harassment to her supervisor
Michael Flanery who was the District Court Administrator. He reported the harassment to Mr. Beene's supervisor Patricia Steele whose only remedy was for Amaya to keep her blinds
open to prevent further ...
17 Apr, 2008 6:46 am
... April 2001, I couldn't help but think of the cliched advertisement of the Energizer Bunny. First, the quick background as described by the U.S. Court of Appeals -
Second Circuit in a November 2006 decision: Ms. Bogle Assegai served as Regional Manager at ... claim based on the state's "affirmative statement that no work sharing agreement
was in existence at the time of Plaintiff's filing of her EEOC complaint". (Paragraph 16) Readers can decide whether this is accurate.
She then contends that based ...
13 Feb, 2007 6:05 am
... least six employees in violation of Title VII of the Civil Rights Act of 1964 (42 U.S.C. §§2000e, et seq.). EMS moved to dismiss, arguing that the Complaint ... in
each of twenty or more calendar weeks in the current or preceding calendar year . . . ." 42 U.S.C. § 2000e(b). EMS submitted unauthenticated personnel records with its
motion ... assertion that it employed fewer than 15 persons. It later filed affidavits with its reply to EEOC's opposition to the
motion. Noting that so far there had been no ...
28 Feb, 2008 9:17 am
... an opportunity to resolve the dispute by informal methods. To that end, the EEOC has developed a specific form, labeled "Charge of
Discrimination." In a decision issued yesterday, though, the U.S. Supreme Court held that a plaintiff should have ... filed. To address this issue, the Court suggested
that the trial court could stay the court proceedings to allow the EEOC administrative process to take place. The Court acknowledged, however,
that this would be an "imperfect" remedy, because "[o]nce the ...
3 Mar, 2008 7:52 pm
The U.S. Supreme Court decided 7-2 that an EEOC Intake Questionnaire was a valid substitute for the official "Charge" of
Discrimination. Justice Kennedy, writing for the Court, reasoned that the Intake Questionnaire, coupled with an attached affidavit, contained all ... and laws differ slightly under the
ADEA, which permits lawsuits after agency inaction for more than 60 days. The EEOC also may commence litigation under the ADEA without a
charge, so long as it first attempts to conciliate. Justice ...
14 Oct, 2008 2:00 pm
... published today by Judge Jones in the Western District of Virginia addresses whether a relator's signature on a general release precludes that relator from bringing a qui tam
suit at a later ... settle a qui tam case on his or her own. The statute itself, at 31 U.S.C. 3730(b)(1), requires the consent of the Attorney General to any ... claims
which are not subject to waiver by a former employee. As another example, if the EEOC is not a party to a release agreement, the employee does
not waive his or her ...
24 Feb, 2007 9:30 am
... . In January 2005, McGrath-Malott filed an amended charge with the EEOC, which found reasonable cause to believe the Sheriff's
Office had violated Title VII but was unable to reach a resolution with the Sheriff's Office. This suit followed in April 2006. The County, the State and the Sheriff each filed
motions ... to dismiss must be treated as ones for summary judgment instead, as noted in Talbot v. U.S. Foodservice, Inc. The judge noted that, in the Fourth Circuit per
Am. Chiropractic v. ...
5 Nov, 2007 5:17 am
... an issue this Court has examined but not yet decided, that an "intake questionnaire" submitted to the Equal Employment Opportunity Commission ("EEOC") may suffice for the charge of discrimination that must be submitted pursuant to the Age Discrimination in Employment Act, 29 U.S.C. § 621
et seq. ("ADEA"), even in the absence of evidence that the EEOC treated the form as a charge or the employee submitting the questionnaire
reasonably believed it constituted a ...
1 Oct, 2007 11:24 am
... , No. 06-1322, the Court will consider whether the submission of an "intake questionnaire" and a notarized affidavit to the EEOC is
equivalent to filing a charge of discrimination under the ADEA. 2. In Sprint/United Management Co. v. ... . 7. In Preston vs. Ferrer, No. 06-1463, the Court will consider whether the
Federal Arbitration Act and Buckeye Check Cashing, Inc. v. Cardegna, 546 U.S. 440, 126 S.Ct. 1204 (2006) preempt the holding in this case, voiding an interstate
arbitration agreement under ...
7 Jan, 2008 5:15 am
... 's Motion to Reopen and Reconsider his removal to seek relief in the form of adjustment of status. Gonzalez v. U.S. Petitioner, a Mexican citizen who does not
speak English, was represented by counsel at his federal drug-trafficking ... photo identification violates the First and Fourteenth Amendments to the United States Constitution.
Kentucky Retirement Systems v. EEOC This Petition involves a public employee retirement plan that includes normal and disability retirement
benefits. A member who is ...
26 Jan 6:42 pm
... & Rubber Co. set new precedent for the already strict time limits for filing with Equal Employment Opportunity Commission (EEOC). The
decision against Ms. Ledbetter--a Goodyear supervisor in Alabama who worked hard and forgave the long-term sexual ... pay discrimination and harassment. Last year, working under the
six-month limitation the Court had created, the EEOC (U.S. agency charged with ending employment discrimination) still received
24,826 gender-based discrimination complaints. Women in ...
19 Jun, 2008 3:36 pm
A very big day in labor & employment law and ERISA cases at the U.S. Supreme Court this morning I'll post more detailed updates as warranted (and when time allows),
but for now, here ... as here, the plan administrator is an insurance company. Again, for more background, see the ScotusWiki. In Kentucky Retirement Systems v. EEOC (06-1037), the Court was asked to decide on the relevance of age as a potential factor in the distribution of retirement benefits to disabled workers
establishes a prima ...
13 Aug 7:08 am
Thomas B. Lewis, Chair of Stark & Stark's Employment Group, was quoted in the August 10, 2009 Human Resource Executive Online article, An EEOC under Berrien? The article discusses why companies should prepare for increased enforcement and litigation if Jacqueline Berrien is chosen to head the
U.S. Equal Employment Opportunity Commission. While some fear stricter regulations are eminent for employers under ...
18 May 8:30 pm
... pre-PDA service under its pre-PDA rules. Before the PDA, AT&T's calculations were legal under Supreme Court precedent interpreting Title VII. ... PDA because their
pension benefits were reduced as a result of the pre-PDA calculation. The EEOC joined in, as did the Communication Workers' Union. The district
court and Ninth Circuit agreed ... treatment "on the basis of pregnancy, childbirth, or related medical conditions" must cease. 42 U. S. C. §2000e(k) (emphasis added). I
would hold that AT&T ...
18 May 8:58 am
... were insulated from challenge under Title VII. You can read the court's decision in AT&T v. Hulteen here (including an interesting dissent by the Court' ... same as other
medically-related conditions. In other business, the U.S. Supreme Court solicited the views of the U.S. government in the case of Lewis v. City of Chicago
... discriminates against African Americans in violation of Title VII's disparate impact provision, must a plaintiff file an EEOC charge
within 300 days after the announcement ...
18 May 8:58 am
... were insulated from challenge under Title VII. You can read the court's decision in AT&T v. Hulteen here (including an interesting dissent by the Court' ...
pregnancy-related absences the same as other medically-related conditions. In other business, the U.S. Supreme Court agreed to hear the case of Lewis v. City of Chicago
... discriminates against African Americans in violation of Title VII's disparate impact provision, must a plaintiff file an EEOC charge
within 300 days after the announcement ...
27 May, 2008 8:49 am
The U.S. Supreme Court today, in Gomez-Perez v. Potter, ruled 6-3, that the Age Discrimination in Employment Act (ADEA) protects federal workers from retaliation based on
age-related complaints. The majority ... or my previous post from February here. What remains unclear -- and to which I suspect the commentary about this case will focus on -- is
whether the court's logic -- by finding retaliation claims can be "read into" claims of discrimination -- will apply to other statute or claims. Justice ...
22 Feb, 2007 12:13 am
... ; and alleged federal constitutional violations by the individual defendants asserted under 42 U.S.C. 1983 and 1985(3). The instant action arises from the denial ...
he also claimed that he was retaliated against after he filed his EEOC complaint. The Title VII Claims Against the Board. Held: Henderson has
not ... Against All Defendants. Held: This claim fails for the same reasons as does Henderson's Title VII claims. Furthermore, the individual defendants are protected by a
qualified privilege since ...
9 Jan, 2008 1:37 pm
Access online the transcripts of today's U.S. Supreme Court oral arguments: By clicking on the following links, you can access the transcripts of today's
oral arguments in Crawford v. Marion County Election Board, No. 07-21, and Kentucky Retirement Systems v. EEOC, No. 06-1037.
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