Tag Archive | USSC

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 […]

New Legislation Seeking the Reduction of Pleading Standards

 On November 19, 2009, legislation was introduced in the U.S. House of Representatives that seeks to reverse a recent U.S. Supreme Court case, Ashcroft v. Iqbal, 129 S.Ct. 1937.  The legislation (H.R. 4115) is entitled the Open Access to Courts Act of 2009, and it seeks to lower the standard of pleading articulated by the […]

USSC to Determine if Ledbetter Applies Beyond Pay Discrimination

On September 30, 2009, the U.S. Supreme Court decided to hear Lewis v. City of Chicago (7th Cir. 2008), a case that possesses shades of both the recent Ledbetter v. Goodyear Tire & Rubber case and the Ricci v. DeStefano cases.  It is similar to Ledbetter primarily because the primary issue deals with the applicability of the statute […]

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 […]

Sotomayer to Replace Souter on Supreme Court

At 10:15 a.m. today, May 26, 2009, President Obama will announce his nomination of Sonia Sotomayer to the United States Supreme Court.  Judge Sotomayer would be the second female on the current makeup of the Supreme Court, as well as the first hispanic.  Judge Sotomayer is set to relieve Justice Souter, who will be retiring this year.  […]

USSC Seemingly Divided on Reverse Discrimination in Promotion Testing

The Supreme Court recently heard oral arguments in the case of Ricci v. DeStefano, and appeared divided over whether a Connecticut city’s decision to abandon a firefighter promotion exam because too few minorities passed violates the civil rights of top-scoring white applicants. The discrimination lawsuit brought by 20 white firefighters – one also is Hispanic […]