Tag Archive | Title VII

Do You Know The EEOC Targets?

The EEOC has made it clear exactly what problems it intends to target going forward in its Strategic Enforcement Plan, including systemic recruitment, harassment and hiring practices that are intentionally biased or have an unintentional adverse impact on minorities, women and people with disabilities. Although the draft plan has been submitted for public comment and […]

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, […]

Direct Evidence of Unlawful Discrimination Found by Following Affirmative Action Plan

On September 3, 2009, the Eighth Circuit Court of Appeals ruled in Humphries v. Pulaski County Special School District in favor of a white elementary school counselor that alleged she was denied eight promotions to assistant principal positions during a seven-year period due to the district’s affirmative action plan.  In its ruling, the Court joined the […]

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 […]