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.

Gross v. FBL Financial Services, No. 07-1490 (8th Cir. Nov. 30, 2009)
Posted by: Paul Mollica
November 30, 2009

Jack Gross, of recent U.S. Supreme Court fame, will return to the district court for a new trial on liability and back pay on his age discrimination claim. But will the Gross-fix bill pending in Congress ride to the rescue?

EEOC v. United Parcel Service, Inc., No. 08-5348 (2d Cir. Nov. 19, 2009); Fleming v. Yuma Regional Medical Center, No. 07-16427 (9th Cir. Nov. 19, 2009)
Posted by: Paul Mollica
November 19, 2009

The Second Circuit reverses a district court and enforces an EEOC subpoena to investigate a religious-accommodation claim. The Ninth Circuit wades into a current circuit split about whether § 504 of the Rehabilitation Act applies to independent contractors, finding that it does in the case of an anesthesiologist with sickle cell anemia.

Thornton v. United Parcel Service, Inc., No. 08-2162 (1st Cir. Nov. 12, 2009)
Posted by: Paul Mollica
November 13, 2009

While the EEOC and others have gone after Big Brown's alleged "100% healed" policy, looks like Mr. Thornton has reached the end of the road with his challenge.

Kersey v. Washington Metropolitan Area Transit Authority (WMATA), No. 08-7040 (D.C. Cir. Nov. 10, 2009)
Posted by: Paul Mollica
November 10, 2009

Does a government agency's reliance on a prior settlement agreement to bar an employee from driving an agency vehicle constitute pretext for disability discrimination under the Rehabilitation Act? The D.C. Circuit today holds that it is not.