In Diaz v. Eagle Produce Limited, ___F3rd___, No, 05-35877, slip op. at 3519 (9th Circuit April 4, 2008), summary judgment against four farm workers in Phoenix was affirmed in part, reversed in part, and remanded for trial on one worker’s claim that he was laid off improperly from agriculture work in violation of the ADEA, […]
New Guidance from the United States Supreme Court
Introduction
In an opinion that the Court frankly admitted was “unfortunate,” the United States Supreme Court issued an opinion last Wednesday, February 27th, in which it held that an EEOC intake questionnaire could qualify as a “charge” even though EEOC never treated the intake questionnaire as a charge and the […]
Introduction
The United States Supreme Court issued a new opinion last Tuesday addressing evidentiary standards in employment discrimination cases, Sprint/United Management Co. v. Mendelsohn. This summary briefly reviews the case and its significance.
The Case
Mendelsohn filed an age discrimination claim after she was laid off during a reduction in force. She sought to introduce evidence that other employees […]
The Supreme Court has issued its opinion in the FedEx/Holowecki case on the definition of a “charge” under the Age Discrimination in Employment Act. Employee wins; EEOC gets deference. Kennedy writes; Thomas and Scalia dissent. Commentary by Paul Mollica and Paul Secunda.
The Supreme Court has unanimously reversed the 10th Circuit in the Sprint “Me, too” evidence case. Here’s commentary by Paul Mollica, and by Paul Secunda at Workplace Professor.
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: […]
Sierra Nevada Community Access Television, Inc. broadcasts film produced by members of the public (including “aspiring Wayne Campbells”). It is governed by an unpaid, volunteer Board of Directors. When the Board fired its Executive Director, he sued under the Americans with Disabilities Act and the Age Discrimination in Employment Act. The ED claimed that the […]
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 […]
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 […]
The Equal Employment Opportunity Commission has issued a new 29 CFR 1625.4 to emphasize that the ADEA permits employers to use age to favor employees or applicants 40 years or older, even if the younger individual is at least 40 years old. The new regulation expressly notes that state or local laws may, however, prohibit discrimination […]
Introduction
In an amended opinion issued July 20, 2007, Poland v. Chertoff, ___ F.3d ___, 2007 WL 2069651 (9th Cir. 2007), the Ninth Circuit held that a subordinate’s animus could be imputed to an employer if the plaintiff could show that the subordinate “influenced or was involved in the decision or decisionmaking process.” In reaching this […]
George Miller (D-Cal) has introduced HR 2831, which would amend Title VII, the ADEA, the ADA, and the 1973 Rehabilitation Act to specify that unequal pay claims accrue with each paycheck. If enacted, the bill would be retroactive to May 28, 2007, the day before the Supreme Court issued Ledbetter v. Goodyear.
The U S Supreme Court has granted cert in an ADEA case on the role of the “same supervisor” rule when the plaintiff alleges company-wide age discrimination, here, involving a reduction in force. The 10th Circuit held that the trial judge abused his discretion in barring evidence that other older employees who worked under different supervisors […]
