Tuesday, July 15th, 2008

9th Cir: The Petition for Rehearing in State v. EEOC

The Ninth Circuit, sitting en banc, recently granted rehearing of the panel decision in State of Alaska v. EEOC, 508 F.3d 476 (9th Cir. 2007).  The panel had held the the Government Employee Rights Act of 1991 hadn’t validly abrogated the state’s sovereign immunity.  The Petition for Rehearing, prepared by Professor Sam Bagenstos of Washington University Law […]

No Comments

Filed under Title VII

Tuesday, July 15th, 2008

Alaska Superior Court: Last Chance Agreement Doesn’t Waive Employee’s Due Process Rights

An Alaska Railroad employee signed a Last Chance Agreement that provided that neither he nor his union (the UTU) “may process a grievance . . . in any forum regarding [a] termination.”  The Railroad fired him.  He grieved, and lost before an internal Hearing Officer.  On appeal to the Superior Court, the employee argued, inter alia, that the Hearing […]

No Comments

Filed under Due process