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September 24, 2010 | The Legal Intelligencer

11th Circuit Tosses Race Bias Case Over Use of Word 'Boy' -- Again

In its 2006 opinion in Ash v. Tyson Foods Inc., the U.S. Supreme Court found two errors of law in the 11th Circuit's opinion that was then under review. In doing so, the Supreme Court made some significant statements about the standard for finding pretext in employment discrimination claims, and whether calling an African-American man "boy" can be racially offensive.
7 minute read
April 24, 2009 | The Legal Intelligencer

Justices Allow Mandatory Arbitration of ADEA Claims

In what experts predict will be another obstacle, for now, for employee rights, the U.S. Supreme Court in a 5-4 decision in 14 Penn Plaza LLC v. Pyett held that, where a collective bargaining agreement clearly and unmistakably assigns statutory discrimination claims to arbitration, the employee in the bargaining unit forgoes the right to proceed with a claim in court.
7 minute read
September 28, 2012 | The Legal Intelligencer

Employment Law in the Upcoming Supreme Court Term

On Monday, the U.S. Supreme Court begins its new term, and is currently scheduled to hear arguments on three notable employment law cases over the coming months.
6 minute read
February 27, 2009 | The Legal Intelligencer

Ledbetter Fair Pay Act Restores Protection From Pay Discrimination

The extent of the allegedly discriminatory pay was not even known to Ledbetter until during the course of discovery when she learned that male co-workers with less experience and seniority than her were making much more than she was, and that she was being paid approximately 20 percent less than the lowest paid male employee.
10 minute read
September 01, 2010 | The Legal Intelligencer

7th Circuit: Racial Preferences Can't Determine Work Assignments

Brenda Chaney, a certified nursing assistant, claims in a lawsuit that she was restricted from helping a patient in need because her employer enforced a racial preference policy that prevented Chaney from helping the patient because of the color of her skin.
7 minute read
April 27, 2012 | The Legal Intelligencer

EEOC Rules That Title VII Applies to Gender Identity Claims

A former male police officer applied for and was offered a job with a federal government agency, which was then rescinded days after the agency was informed the job applicant was transitioning to female.
6 minute read
July 26, 2013 | The Legal Intelligencer

Time to Abolish Summary Judgment in Employment Law Cases?

One of the benefits of this column is that for the last five years, once a month, I get to review, analyze and (sometimes) critique a recent employment law decision. Reviewing court decisions and case summaries affords me the opportunity to wrestle with logic and reason and apply it to real-life scenarios.
7 minute read
September 27, 2013 | The Legal Intelligencer

When Is Application of 'Sham Affidavit' Doctrine a Sham?

One of the more difficult issues a district court judge faces is whether to apply something known as the "sham affidavit" doctrine when reviewing a summary judgment motion under Federal Rule 56.
8 minute read
December 28, 2012 | The Legal Intelligencer

A Year-End Look at Employment Law From a National Perspective

Employment law has seen some significant developments over the past year, and based upon the U.S. Supreme Court's current docket, we can anticipate some interesting decisions and developments in the upcoming year.
6 minute read
June 28, 2013 | The Legal Intelligencer

Unpaid Movie Production Interns Strike Back With Suit

Black Swan and 500 Days of Summer are both known as good movies, and the unpaid interns working for the production company probably have some good memories of their involvement.
7 minute read