|
ADA Amended
9/25/08. The Americans with Disabilities Act Amendments Act of 2008 was signed into law. The Act broadens the scope of the ADA as it expands the definition of "major life activities" among other things. The Act is effective as of January 1, 2009.
Supreme Court Holds Section 1981 Encompasses Retaliation
5/27/08. The U.S. Supreme Court issued a decision in CBOCS West, Inc. v. Humphries, #06-1431. Employee filed suit claiming that employer dismissed him because he is black and because he complained to managers that a black co-employee was also dismissed for race-based reasons. The District Court granted CBOCS summary judgment on the §1981 claims. The Seventh Circuit remanded for a trial on Humphries’ §1981 retaliation claim, rejecting CBOCS’ argument that §1981 did not encompass such a claim. The Supreme Court held that employees can state a claim for retaliation under 42 USC Section 1981.
EEOC "Intake Questionnaire" May Suffice as "Charge"
2/27/08. The U.S. Supreme Court decided Federal Express Corporation v. Holowecki, #06-1322. The ADEA requires that a charge alleging discrimination be filed with the EEOC at least 60 days prior to filing a civil action, but does not define "charge". §626(d). Employee filed an EEOC "Intake Questionnaire" with affidavit. FedEx moved to dismiss respondent's action, contending she had not filed the "charge" required. District Court granted FedEx's motion. The Second Circuit reversed. The Supreme Court held that an "intake questionnaire" submitted to the EEOC may suffice for the charge of discrimination that must be submitted pursuant to the ADEA.
Michael Lefkow Memorial Fund
In memory of our brother and friend, Michael Lefkow, the Michael Lefkow Memorial Fund has been established through Amalgamated Bank. Its purpose is to carry out litigation and educational work in Michael's name on behalf of government employees and victims of workplace unfairness and discrimination. Contributions may be mailed or wire transferred to Amalgamated Bank. For further information, contact Kay Zilka, Senior VP, Amalgamated Bank, Chicago.
|
Burden on Employers Raising a “Reasonable Factors Other Than Age” Defense
6/19/08. The US Supreme Court issued a decision in Meacham v. Knolls Atomic Power Laboratory, #06-1505. The employer laid off 31 employees, 30 of whom were over 40 years old while the workforce as a whole was only 60% over 40. Some of the employees sued under the ADEA, using a disparate impact theory. The Supreme Court held that an employer defending a disparate impact claim under the ADEA bears both the burden of production and the burden of persuasion when raising a “reasonable factors other than age” affirmative defense.
ADEA Section 633a(a) Prohibits Retaliation
5/27/08. The U.S. Supreme Court decided Gómez-Pérez v. Potter, #06-1321. A 45-year-old postal worker filed suit claiming that her employer had subjected her to discrimination and then various forms of retaliation after she filed an administrative ADEA complaint. The District Court granted the employer summary judgment and the First Circuit affirmed on the ground that §633a(a) does not cover retaliation. The Court held that the ADEA Section 633a(a) prohibits retaliation against a federal employee who complains of age discrimination.
“Me, Too” Evidence Admissible
2/26/08. Sprint/United Management Company v. Mendelsohn, #06-1221 decided. The U.S. Supreme Court held that it is within the trial court’s discretion to decide whether to admit "me, too" evidence subject to abuse-of-discretion review. "Me, too" evidence is testimony by non-parties alleging discrimination at the hands of persons who played no role in the adverse employment decision challenged by the plaintiff.
|
