Monday, August 10th, 2009...1:48 pm
9th Cir: Affirms Beistline in Red Dog Case
The 9th Circuit panel that held oral argument last week in Anchorage (Farris, Thompson, and Rawlinson) has resolved the first of the cases it heard. It has affirmed Judge Ralph Beistline’s summary judgment to Teck Alaska in an employee’s Title VII, Section 1981, and Alaska Human Rights Act challenge to the Native employment preference for Red Dog Mine. The panel affirmed Beistline’s rulings that the employee failed to show 1) he was qualified for the (promotional) position he sought; and 2) statistical evidence of disparate impact.
Conitz v. Teck Alaska Inc. and NANA Regional Corp., 2009 WL ______ (9th Cir. Aug. 10, 2009)(unpub.)
Ken Covell of Fairbanks represented the employee. Sean Halloran represented the mine operator, and Tom Daniel represented the intervening Native corporation.
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