Tag Archive | Supreme Court

So What Exactly Is A Supervisor? An Important Question to be Answered by the USSC!

The United States Supreme Court will hear the case of Vance v. Ball State University in its upcoming term.  The issue in Vance is whether an employee who oversees and directs other employees’ daily tasks, but lacks authority to hire, fire, demote, promote, transfer, or discipline them, is a “supervisor” as defined in Title VII of the Civil […]

Pick a Standard: How Will Employers Remove Cases to Federal Court?

On November 10, 2009, the United States Supreme Court heard oral arguments in Hertz Corp. v. Friend.  The case seeks to determine the appropriate standard for establishing a company’s place of business for purposes of federal diversity jurisdiction. For employers, this case establishes the parameters for removal of certain class-action lawsuits brought by employees in […]

Briscoe v. New Haven: Providing For The Return of Ricci

Discrimination seems intuitively  simple, yet it is truly complicated.  One reason for discrimination’s complexity is that the law has developed in such a way that acknowledges certain theories of discrimination — and sometimes these theories conflict.  Earlier this year, the U.S. Supreme Court decided Ricci v. DeStefano, a case that addressed the standard under to which to analyze […]

Legislation Seeks to Overturn Supreme Court Decision on Burden-shifting in ADEA Disparate Treatment Claims

On October 6, Senator Tom Harkin (D-Iowa), Senator Patrick Leahy (D-Vt) and Representative George Miller (D-Cal), introduced the Protecting Older Workers Against Discrimination Act (“POWADA”)(S. 1756/H.R. 3721).  POWADA purports to restore civil rights protections for older workers in the face of the US Supreme Court’s holding in Gross v FBL Fin Servs, Inc.  In Gross, […]

EEOC Concern for Age Bias or Public Bashing of USSC?

Age related discrimination claims were up 29% last year.  And the EEOC decided it should do something about it.  On July 7th, I posted a note about the EEOC calling a public meeting to discuss age discrimination publicly with a panel of experts.  As I suspected, it appears the public meeting in reality constituted a […]

Sotomayor Congressional Hearing – List of Individuals to Testify

Frank Ricci and other New Haven firefighters that were the Plaintiffs in the recent U.S. Supreme Court discrimination case are scheduled to testify before Congress about Judge Sotomayor.  The Ricci case is certainly controversial from the aspect of the tension between disparate impact and disparate treatment, but its application is fairly narrow in scope.  Nevertheless, it […]

Key Supreme Court Ruling in Employment Testing Discrimination Suit

On June 29, 2009, the Supreme Court narrowly ruled in favor of white firefighters in New Haven, Conn., who said they were denied promotions because of their race, reversing a decision by the Second Circuit. In Ricci v. DeStefano, the city had thrown out the results of a promotion test because no African Americans and […]