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Non-Decision-Maker Bias & Discrimination Liability Under Cat’s Paw Theory in Supreme Court’s Staub v. Proctor Hospital Decision. Part II — Commentary

Written on 22 Mar, 2011 at 14:52

We summarize commentary on Supreme Court's Staub case allowing discrimination liability based on non-decision-making supervisor bias ("Cat's Paw" theory) and offer some advice of our own. ... (Continue reading)

Non-Decision-Maker Bias & Discrimination Liability Under “Cat’s Paw” Theory in Supreme Court’s Staub v. Proctor Hospital Decision. Part I — The Decision.

Written on 1 Mar, 2011 at 21:05

By Beth Hanson, with George Lenard In Staub v. Proctor Hospital, a long awaited decision on the so-called “ cat’s paw ” theory of discrimination, the Supreme Court ruled in favor of a fired employee, deciding when “an employer may... (Continue reading)

Supreme Court Upholds Claim Alleging Employer Fired Man in Retaliation for Fiancée’s EEOC Charge; Avoids Setting “Bright Line” Rule — Part II, Assessing Thompson Decision’s Significance

Written on 11 Feb, 2011 at 11:55

This week, we analyze the Supreme Court's third-party retaliation decision in Thompson and its ramifications. With perspectives from legal professionals, including this Blawg's Owner George Lenard, we assess views of the Supreme Court, third-party retaliation claims, and... (Continue reading)

Supreme Court Upholds Claim Alleging Employer Fired Man in Retaliation for Fiancée’s EEOC Charge; Avoids Setting “Bright Line” Rule — Part I, the Decision

Written on 31 Jan, 2011 at 5:00

The Supreme Court held that under some circumstances a friend or relative of an employee who complained of discrimination may pursue a claim that they suffered retaliation because of that complaint -- despite not having been the one who made... (Continue reading)

Ricci v. DeStefano, a/k/a The New Haven Firefighters’ Case, Part I:
The Basics: the Facts and Holding of the Ricci case

Written on 6 Jul, 2009 at 15:41

There’s no way I can get the “scoop” on what has been perhaps the most eagerly awaited Supreme Court decision of the term: Ricci v. DeStefano, No. 07-1428 (June 29, 2009). Since the Court’s 5-4 decision was announced last week,... (Continue reading)

Supreme Court’s Decision on Arbitration of Statutory Discrimination Claims Under Collective Bargaining Agreement Will Have Little Real World Effect

Written on 8 Apr, 2009 at 20:53

I had the honor of being asked to comment on the Supreme Court’s decision in 14 Penn Plaza LLC v. Pyett, for the Jurist. I started with these thoughts: In the academic world, this case will be a law professor’s... (Continue reading)

Lilly Ledbetter Fair Pay Act Signed by President Obama

Written on 30 Jan, 2009 at 6:00

Today (January 29, 2009) President Obama signed into law the Lilly Ledbetter Fair Pay Act, a law named for an Alabama woman who lost her pay-discrimination case at the Supreme Court on the basis that she had not filed a... (Continue reading)

Supreme Court Implies Retaliation Prohibition Twice in One Day

Written on 28 May, 2008 at 0:19

As we returned from the Memorial Day holiday on May 27, 2008, we were greeted by a pair of Supreme Court decisions with a similar theme: whether a law prohibiting a type of employment discrimination should be interpreted to also... (Continue reading)

Ledbetter Case: Supreme Court Upholds Time Limits on Title VII Pay Discrimination Cases in 5-4 Decision

Written on 31 May, 2007 at 12:31

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 days of the original discriminatory action — not 180... (Continue reading)