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.

Nettle v. Central Oklahoma American Indian Health Council, Inc., No. 08-6023 (10th Cir. July 1, 2009)
July 02, 2009
Topic: Daily Developments in EEO Law

A rare Title VII "color" discrimination case arises in this non-precedential Tenth Circuit appeal. Although the panel agrees unanimously to dismiss the retaliation and discrimination claims, it splits 2-1 (in the course of a 47-page opinion) over whether the employee's hostile work environment claim ought to go to trial.

Lee v. Kansas City Southern Ry., No. 08-30444 (5th Cir. June 30, 2009); McNamara v. Yellow Transportation, Inc., No. 08-2654 (8th Cir. July 1, 2009)
July 01, 2009
Topic: Daily Developments in EEO Law

Happy Canada Day! The Fifth Circuit sends a race discrimination case back for trial, after the district court applies a too-narrow test of "similarly-situated" to measure the plaintiff's prima facie test. The Eighth Circuit compels arbitration of Title VII and FMLA claims, finding that an employee at a call center who possibly facilitated shipping was not a "transportation" worker for purposes of the Federal Arbitration Act.

Krolnik v. Prudential Insurance, No. 08-2616 (7th Cir. June 29, 2009); Ricci v. DeStefano, No. 07-1428 (U.S. S. Ct. June 29, 2009):
June 29, 2009
Topic: Daily Developments in EEO Law

Because the web will be afire with instant commentary on the Supreme Court'sRicci decision, I will lead off with a little benefits case from the Seventh Circuit. As for Ricci, the majority exposes the roots of the case -- essentially, a re-match of the affirmative-action battles of the 1980s -- and reaches, 5-4, an equivalent result: blanket disapproval of race-conscious solutions to hiring and promotions.

EEOC v. Thompson Contracting, No. 08-1626 (4th Cir. June 25, 2009)
June 25, 2009
Topic: Daily Developments in EEO Law

The Fourth Circuit today reverses (in an unpublished order) summary judgment in a Title VII religious discrimination case involving a Sabbatarian truck driver. Whether the termination was the result of missing four Saturdays at work, or because a failed drug test and a collision with the company vehicle, presents a genuine issue of material fact.

Hendricks v. Geithner, No. 07-5392 (D.C. Cir. June 19, 2009)
June 22, 2009
Topic: Daily Developments in EEO Law

While the majority disappoints in a predictable affirmance of summary judgment in a federal employee Title VII case, the dissent proves piercing and all the more welcome because of its source.