By Carter Meader The Fifth Circuit has granted the EEOC’s petition for rehearing en banc for Equal Employment Opportunity Commission v. Boh Brothers Construction Co., No. 11-30770. The announcement comes approximately nine months after the original Fifth Circuit panel overturned a verdict in favor of the Plaintiff, Kerry Woods. The Fifth Circuit en banc panel … Continue reading
By Lorna Lunney Less than a month after a major $3 million dollar gender discrimination suit filed against the NBA, the issue is now at the forefront of the NFL with a case filed against Detroit Lions Inc.. Kimberly Doverspike, 49, filed a complaint on October 31 in the Wayne Circuit Court with claims of … Continue reading
Fitting into this election season’s discussion of women’s rights, the NBA is facing a three million dollar gender discrimination suit. Longtime NBA employee Brynn Cone is suing the National Basketball Association, Inc., NBA Entertainment, Inc., and NBA Properties, Inc., alleging she was underpaid, under-promoted, and ultimately forced out of the organization because of her gender, … Continue reading
California is attempting to follow in the footsteps of states such as New York and guarantee Domestic Workers basic labor protections, including overtime pay, meal and rest breaks and adequate sleeping conditions for live-in workers. A.B. 889, 2011-2012 Cal. St. Assemb. Reg. Sess. (Ca. 2012). In 2011 the New York Legislature passed a Domestic Workers … Continue reading
In a case that could have far reaching implications for employers, the Supreme Court has agreed to hear Vance v. Ball State University, a case in which the Court will define “supervisor” for purposes of determining an employer’s liability for harassment under Title VII. Title VII of the Civil Rights Act of 1964, prohibits employment … Continue reading
Title VII of the Civil Rights Act of 1964 clearly prohibits discrimination on the basis of race, color, religion, sex, or national origin. Recently the Court of Appeals for the Seventh Circuit held that national origin is not the same as alienage status, and is not protected by Title VII. As a result, the court … Continue reading
On June 12, 2012 the U.S. Senate Committee on Health, Education, Labor and Pensions (HELP) heard testimony from M. V. Lee Badgett , Research Director of the Williams Institute for Sexual Orientation Law and Public Policy at UCLA and Director of the Center for Public Policy and Administration at the University of Massachusetts Amherst; Kylar … Continue reading
On May 23, 2012, a group of Senate Democrats, led by Senator Barbara Mikulski (D-MD) along with various interest groups called on Congress to pass the Paycheck Fairness Act (S. 797 and H.R. 1591) which was introduced in 2011 by Senator Mikulski and Representative DeLauro (D-CT) in 2011 and would update the Equal Pay Act. … Continue reading
Last week, New Jersey U.S. District Judge Dennis Cavanaugh denied Bayer Corp.’s motion to strike class allegations and partially dismiss Barghout’s (plaintiffs’) amended second complaint in a $100 million sex discrimination suit. Despite presenting a strong legal analysis regarding potential problems with class certifications, Judge Cavanaugh ruled that Bayer’s argument (that the allegedly amorphous claims … Continue reading
On March 26, the Eleventh Circuit Court of Appeals upheld a district court’s decision to dismiss a wrongful termination suit brought by former Sears employee Janet Brush, who alleged that her termination was retaliation for activity protected under Title VII of the Civil Rights Act. In Brush v. Sears Holding Corp., the Circuit Court held … Continue reading