Blog Topic

Daily Developments in EEO Law

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.

Madden v. Chattanooga City Wide Service, No. 08-5082 (6th Cir. Nov. 25, 2008)
November 25, 2008

While most pro se cases go the way of all flesh, here's a rare success story -- a former city worker navigates his case through summary judgment, and to a bench trial, a $120K judgment and (all right, with an attorney's assist) a successful appeal in the Sixth Circuit.

Worden v. SunTrust Banks, Inc., No. 07-1354 (4th Cir. Nov. 24, 2008); Lawver v. Hillcrest Hospice, Inc., No. 08-11626 (11th Cir. Nov. 24, 2008)
November 24, 2008

Compulsive reading from the Fourth Circuit about a seldom-litigated federal statute, the Employee Polygraph Protection Act ("EPPA"), 29 U.S.C. §§ 2001 to 2009 (2000). And, is the Eleventh Circuit one of the most dangerous places in the country for plaintiff's employment attorneys to practice? You betcha!

Smith v. Jefferson County School Board, No. 06-6533 (6th Cir. Nov. 24, 2008)
November 24, 2008

A school board must know that its playing with fire when it closes its alternative school -- thus throwing the staff out of work -- and turns the reins over to a sectarian organization devoted to "instilling in each child a personal faith in God, and the assurance of the saving grace of Jesus Christ." A 2-1 majority of the Sixth Circuit panel holds today that the staff has standing to sue for back pay and benefits under the Establishment Clause.

Martin v. Toledo Cardiology, No. 07-3724 (6th Cir. Nov. 21, 2008); Royall v. National Association of Letter Carriers, No. 07-7165 (D.C. Cir. Nov. 21, 2008)
November 21, 2008

Another ride on the Sixth Circuit wheel-of-fortune -- Judge Boyce Martin (a Carter appointee) joins with Judge R. Leon Jordan (district judge from E.D. Tenn.) to reverse summary judgment in an ADEA and Title VII case; Judge Alice M. Batchelder (Bush I appointee) dissenting. Also, the D.C. Circuit assumes jurisdiction over an appeal in a § 1981 case -- despite a tricky question about e-filing -- only to dump the case on the merits.

Lydia Mendoza, the Queen of Tejano
November 20, 2008

Nothing to report today, so enjoy a clip of the incomparable Lydia Mendoza!!

Carson v. Cudd Pressure Control, Inc., No. 07-6199 (10th Cir. Oct. 18, 2008)
November 19, 2008

Post Federal Express Corp. v. Holowecki, 128 S. Ct.1147 (2008), here's one of the first decisions (albeit unpublished) applying the Supreme Court's newly-minted standard for defining what is meant by a "charge" for purposes of meeting the 180/300-day filing deadline.

Stover v. Hattiesburg Public Schools, No. 07-60419 (5th Cir. Oct. 18, 2008); Saunders v. Wal-Mart Stores, Inc., No. 08-10761 (11th Cir. Oct. 18, 2008)
November 18, 2008

Two juries returned employment discrimination verdicts for the employer, and in one case the judge even awarded fees to the defendant under Title VII. The verdicts are affirmed by the Fifth and Eleventh Circuits over various claims of error. But, in the realm of tiny blessings, at least the fees are tossed.

Ziskie v. Mineta, No. 06-2060 (4th Cir. Nov. 14, 2008); Alleyne v. American Airlines, No. 07-1386 (2d Cir. Nov. 17, 2008); Washington v. M. Hanna Construction Co., No. 08-20351 (5th Cir. Nov. 14, 2008)
November 17, 2008

Rough way to start the week: Winning ugly in a Title VII appeal in the Fourth Circuit, a blown limitations period in the Second Circuit, and a flubbed amendment to a Title VII complaint in an unpublished Fifth Circuit order.

Sampath v. Concurrent Tech Corp., No. 08-2370 (3d Cir. Nov. 13, 2008); Rund v. Charter Communications, Inc., No. 07-15595 (9th Cir. Nov. 14, 2008); Montgomery v. Chao, No. 07-5255 (D.C. Cir. Nov. 13, 2008)
November 14, 2008

Welcome to the sad, week-ending cavalcade of the hobbled and lame: three decisions (two unpublished) affirming summary judgment, none showing a glimmer of life on appeal.

EEOC vs. General Motors Corp., No. 07-60886 (5th Cir. Nov. 12, 2008); Ladner vs. Hancock Medical Center, No. 07-60802 (5th Cir. Nov. 12, 2008)
November 13, 2008

The Fifth Circuit issues two employee-friendly decisions -- one under Title VII, the other under the FMLA -- both on the same day, and who knew? In an act of judicial humility, they went unpublished.

Lightner v. City of Wilmington, No. 07-1442 (4th Cir. Nov. 3, 2008); Andonissamy v. Hewlett-Packard Co., No. 07-2387 (7th Cir. Nov. 7, 2008)
November 07, 2008

My regrets about the long delay between entries -- a raft of depositions and a presidential election intervened. In the hopes of making things up, here are two Title VII cases from this week, both defense wins and both with opinions that simply could not mean what they say (at least, I hope not).