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.

Barker v. Riverside County Office of Education, No. 07-56313 (9th Cir. Oct. 23, 2009); Leibowitz v. Cornell University, No. 07-4567 (2d Cir. Oct. 23, 2009)
Posted by: Paul Mollica
October 25, 2009

The Ninth Circuit holds that the anti-retaliation provisions of § 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act apply to a school teacher who advocates for disabled students. The Second Circuit tosses summary judgment entered under the Title VII, ADEA, New York State Human Rights Law ("NYSHRL") and New York City Human Rights Law ("NYCHRL") for an Extension Associate whose contract was not renewed, a case on its second trip on appeal after Leibowitz v. Cornell Univ., 445 F.3d 586 (2d Cir. 2006).

Brunker v. Schwans Home Service, Inc., No. 07-3183 (7th Cir. Oct. 22, 2009); Inman v. Klockner Pentaplast of America, No. 08-1882 (4th Cir. Oct. 22, 2009)
Posted by: Paul Mollica
October 22, 2009

Amicus support helped two plaintiffs in the Fourth and Seventh Circuits today win reversals of summary judgment (and, in one case, reversal of sanctions and a reassignment of the district court judge).

Comer v. Murphy Oil USA, No. 07-60756 (5th Cir. Oct. 16, 2009)
Posted by: Paul Mollica
October 19, 2009

The headline for this case ought to read: "Fifth Circuit More Activist Than San-Francisco-Based Court." A panel of Fifth Circuit judges reverse dismissal of a potentially immense tort class action, under Mississippi law, alleging trespass, nuisance and negligence in relation to the emission of greenhouse gasses.

Velez v. Thermo King de Puerto Rico, No. 08-1320 (1st Cir. Oct. 16. 2009)
Posted by: Paul Mollica
October 17, 2009

The First Circuit becomes the latest U.S. Court of Appeals to reject defense efforts to expand Gross v. FBL Fin. Servs., Inc., 129 S. Ct. 2343 (2009), beyond its banks.

Berube v. Great Atlantic & Pacific Tea Company, Inc., No. 08-1229 (2d Cir. Oct. 15, 2009)
Posted by: Paul Mollica
October 15, 2009

At least in the Second Circuit, the indirect/burden-shifting method of proof under McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973), presently appears safe under the ADEA.

EEOC v. Everdry Marketing and Management, No. 06-5430 (2d Cir. Oct. 14, 2009); Hankins v. The N.Y. Annual Conf. of the United Methodist Church, No. 07-4556 (2d Cir. Oct. 13, 2009)
Posted by: Paul Mollica
October 14, 2009

Two unpublished opinions from the Second Circuit this week bring the EEOC Appellate Division another victory, and bring down the curtain on an aging ADEA case by a clergyman that had previously been the subject of another, widely-publicized appellate decision, Hankins v. Lyght, 441 F.3d 96, 103 (2d Cir. 2006).

Ekstrand v. School District of Somerset, No. 09-1853 (7th Cir. Oct. 6, 2009); Loeffler v. Staten Island University Hospital, No. 07-1404 (2d Cir. Oct. 6, 2009)
Posted by: Paul Mollica
October 06, 2009

The Seventh Circuit reverses summary judgment in an ADA reasonable accommodation case involving a school teacher with seasonal affective disorder, but with a disquieting concurring opinion. The Second Circuit, in a public accommodations case brought under the Rehabilitation Act, state and New York City law, embraces a recent amendment to the municipal ordinance that safeguards greater rights for plaintiffs.

McBride v. BIC Consumer Prods. Mfg. Co., No. 07-5689 (2d Cir. Oct. 5, 2009)
Posted by: Paul Mollica
October 05, 2009

This case presents an important reminder that when an employee in an ADA case seeks a job transfer as a reasonable accommodation, that the record must reflect not only that the employee is qualified for the job but that the transfer does not constitute a promotion.