Age Discrimination
Four Supreme Court Employment Decisions in One Day!
Score that employees 2, employers 2. High Court rules: disability retirement program did not discriminate on age; employer has burden of proving reasonable factor other than age in age discrimination disparate impact cases; insurer conflict of interest is factor to consider in ruling on ERISA plan claims denials; California regulation of union-related activities of state-funded employers ispreempted by National Labor Relations Act.
Supreme Court Punts Sprint “Me Too” Evidence Case Back to Lower Court
In its recent unanimous decision in Sprint v. Mendelsohn, the Supreme Court largely dodged the tough issue before it: admissibility of “me-too” evidence in discrimination cases — testimony of other employees who believed they too had been discriminated against.
The trial court had excluded such evidence at trial, and Sprint had prevailed. On appeal, two Tenth Circuit judges voted to reverse and order a new trial on the basis that the trial court should have allowed this evidence, but the third judge on the panel wrote a strong dissent supporting its exclusion.
The Supreme Court reversed, sending the case back to the trial court for further explanation of its exclusion of the “me-too” evidence. Its brief and unanimous opinion failed to provide a clear answer. Instead, it provided what may be viewed as a non-answer, indicating that “me-too” evidence may or may not be admissible, depending on many factors.
Ledbetter Case: Supreme Court Upholds Time Limits on Title VII Pay Discrimination Cases in 5-4 Decision
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In a 5-4 decision that roused the ire of dissenting Justice Ruth Bader Ginsburg, the Supreme Court said employees claiming intentional pay discrimination under Title VII must do so within 180 [...]
What’s happening with employment opportunities for the “older worker”?
The subject of this post was suggested by Granite Solutions Groupe, a recruiting firm specializing in senior-level managers, analysts, and IT contractors in the financial services and high-tech industries.
As demand for highly qualified financial services and IT workers continues to strain the labor market, more attention is being put on hiring from alternative candidate [...]
EEOC Takes On Big Labor, Big Law
Two items here, tied together only by the common theme of EEOC (Equal Employment Opportunity Commission) aggressiveness.
EEOC takes on Big Labor
The EEOC took on the nation’s largest public employee union, AFSCME, when the union insisted on dues payments from a man who objected on religious grounds to the union’s support of abortion and same-sex marriage. [...]
