In Hernandez v. City of Vancouver, Mark Tanninen, No. 06-35713, filed April 14, 2008, the Ninth Circuit issued a memorandum opinion reversing summary judgment for the employer. Hernandez, a native and citizen of Mexico, asserted claims of disparate treatment, retaliation, and hostile work environment under 42 U.S.C. Sections 1981 and 1983. He also alleged city […]
Retail assistant managers as executives: A recent article by a management-side lawyer sees a trend toward judicial solicitude of employer claims of executive exemption under the FLSA and similar state overtime laws. See Who’s minding the store? from C. R. Wright of Fisher & Phillips. H/T: Washington Labor, Employment & Employee Benefits Law Blog.
The situation under the AWHA is a […]
It is well-settled Supreme Court law that an EEOC right-to-sue letter is not a jurisdictional prerequisite to a Title VII action. It’s a conditional precedent that may be waived by the parties or the court. Zipes v. TransWorld Airlines, Inc. 455 U.S. 385 (1982). In this morning’s case, the ex-employee filed with the state (California) […]
This week the U. S. Supreme Court will hear arguments in two employment cases, both centered on statutory interpretation issues involving retaliation claims.
Tuesday, the case is Gomez-Perez v. Potter, and the issue is whether the ADEA prohibits federal employers, as well as private employers, from retaliating against employees who complain of age discrimination.
02/19 & 20/08 Update: Post-argument commentary on Gomez-Perez: […]
E-discovery in Alaska state courts: Friday, Feb. 29th, is the deadline for comments on the proposed changes to Alaska Rules of Civil Procedure 16, 26, 33-34, 37, and 45, concerning electronic discovery. According to the Rules Clerk, the changes mostly conform the state rules to the Federal Rules.
Posting OAH Decisions: Chief Judge Terry Thurbon of the state […]
The 9th Circuit has joined four other circuits in holding that 42 USC § 1981 does not create a private right of action against a State defendant. The Court rejected the plaintiff’s argument that the 1991 Civil Rights Amendments added that remedy. The plaintiff relied upon an earlier panel’s opinion that the 1991 amendments created a […]
The author reviews the Supreme Court’s docket for the October 2007 ELS Meeting
Introduction
The United States Supreme Court’s 2007-08 Term opens on October 1, 2007 (the “First Monday in October”). From 2000 to 2005, the Court reviewed an average of seven Labor and Employment cases each Term. Last year, however, the Court accepted only two Labor […]
Court creates split with 11th Circuit
When the 1991 Congress amended various civil rights statutes, it narrowed the mixed-motive defense in Title VII, but not Section 1981 claims, in response to Price Waterhouse v. Hopkins, 490 US 228 (1989). Price Waterhouse, after all, was a Title VII, not a § 1981 case. The question arises, then, whether […]
The U S Supreme Court added two employment cases to its docket today - one, about whether § 1981 includes retaliation claims, and the other about use of age in public retirement plans. See EEO Developments and Workplace Professor for more details. The Court had earlier granted cert in two other employment matters.
At the next […]
Discussion of ”Ten Things I Learned the Summer of 2007″ at yesterday’s Employment Law Section meeting raised several issues.
Attorney fees under AS 09.60.070. First, what is the burden of proof regarding the “serious criminal offense - preponderance, or proof beyond a reasonable doubt? The statute doesn’t address that, but I would suggest that the standard is the […]
The 4th Circuit has held that the part of ANCSA that exempts Alaska Native corporations from Title VII claims (43 USC 1626(g)) does not protect ANCSA corporations from Section 1981 claims. Aleman v. Chugach Support Services, Inc., No. 06-1461 (4th Cir. May 3, 2007). The Court thus permitted the plaintiffs to pursue Section 1981 claims […]
