Daily Developments in EEO Law by Paul Mollica

A running commentary (since 2004) on the follies and fortunes of employment discrimination law in the federal courts of appeal - with occasional detours, at the author's discretion.

Brady v. Wal-Mart Stores, Inc., No. 06-5486 (2d Cir. July 2, 2008)
July 02, 2008
Topic: Daily Developments in EEO Law

What happens when a disabled 19-year-old takes on the international retailing giant, and wins!

Doe v. The Salvation Army, No. 07-3822 (6th Cir. July 1, 2008); Desmond v. Mukasey, No. 07-5139 (D.C. Cir. July 1, 2008)
July 01, 2008
Topic: Daily Developments in EEO Law

Today, we have back-to-back Rehabilitation Act claims, both concerning mental disabilities -- the toughest nut to crack in the disabilities field -- and both reversing summary judgment decisions against plaintiffs. The first is a case from the Sixth Circuit: a "record-of" hiring case about an interview for a truck driver position that came to an abrupt end when the applicant was asked about medications. The second, about an FBI trainee who was dismissed from the academy, addresses the nifty question of whether and when "sleeping" may constitute a "major life activity."

Venetian Casino Resort LLC v. EEOC, No. 06-5361 (D.C. Cir. June 27, 2008); Niswander v. Cincinnati Ins. Co., No. 07-3738 (6th Cir. June 24, 2008)
June 27, 2008
Topic: Daily Developments in EEO Law

I am refreshed by two weeks in Newfoundland, and ready to return to my beat. This past week, we have two cases addressing the confidentiality of employer documents: a retaliation action in the Sixth Circuit, where the asserted protected activity was a class member turning over client information to a class action attorney engaged in civil discovery; and the D.C. Circuit decision ordering entry of an injunction against the EEOC to prevent the release of data to charging parties.

Kentucky Retirement Systems v. EEOC, No. 06-1037 (U.S. June 19, 2008); Meacham v. Knolls Atomic Power Laboratory, No. 06-1505 (U.S. June 19, 2008)
June 21, 2008
Topic: Daily Developments in EEO Law

I turned off the blog while I was away from the office, but could not resist a word or two about the Supreme Court's recent decisions, which carry on the continuing dialog of what kind of statute the ADEA is meant to be.

EEOC v. Allstate Insurance Company, No. 07-1559 (8th Cir. June 10, 2008)
June 10, 2008
Topic: Daily Developments in EEO Law

The last of the U.S. Supreme Court's decisions of the term concerning employment law, Meacham v. Knolls Atomic Power Lab, which will decide what role the "reasonable factors other than age" defense plays in an ADEA disparate impact case. (I co-authored the civil-rights organizations' amicus brief in this case.) The Eighth Circuit, in the meanwhile, addresses another open issue in this field: what kinds of "employment practices" are open to challenge as having a disparate age impact. The happy surprise here is that the EEOC wins this time out.