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EEO Case Law

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The case is Karlo v. Pittsburgh Glass Works, a class action ADEA ruling handed down on 1/10/17 [849 F.3d 61]. Pittsburgh Glass Works (the Company) terminated 100 employees across 40 locations in a RIF.  There was no layoff plan.  In the words of

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The case is Evans v. Georgia Regional Hospital decided on 3/10/17 [2017 U.S. App. LEXIS 4301].  Three things make this case special.  First, it’s a 2-1 opinion that is likely to lead to an en banc ruling by all available 11th Circuit judges. 

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22 March 2017

The case is McKeny v. Middleton, decided on 3/16/17 in the Southern District of Ohio [2017 U.S. Dist. LEXIS 37912].  Timothy McKeny, an assistant professor in the Department of Teacher Education at Ohio University, was denied tenure by Dean

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In researching Judge Gorsuch’s record, I found 13 relevant employment discrimination cases[1].  By my count, 9 were favorable to employers and four were fully or partially favorable to employees.  Sizing up a potential justice is, of course,

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Mandatory agreement to binding arbitration of employment disputes as a condition of employment was upheld under the Federal Arbitration Act of 1925 (FAA) in Gilmer v. Interstate/Johnson Lane Corporation (1991) [500 U.S. 20] in a case in which two

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This case, decided on 12/28/16 by the 1st Circuit Court, was (at least to me) at first blush, uninspiring. After reading the case, I believe it has the likelihood of setting a very important precedent regarding the third phase (or prong) in adverse

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This is the first of two Alerts.  Part I below discusses EEOC v. Scott Medical Health Center [2016 U.S. Dist. LEXIS 153744], decided on November 4, 2016 by Judge Cathy Bisoon of the Western District of Pennsylvania.  The Scott ruling is summarized

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The case is Villarreal v. R.J. Reynolds [2016 U.S. App. LEXIS 18074] decided on October 5, 2016 in an 8 to 3 en banc ruling by the 11th Circuit.  At issue was an advertisement by the defendant for recent college graduates.  Richard Villarreal, the

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In Camp v. Bi-Lo, decided October 21, 2016 [2016 U.S. App. LEXIS 19053] by the 6th Circuit, Kenneth Camp worked for Bi-Lo as a grocery stocker for 38 years even though he had a bad back (due to scoliosis) the entire time.  He worked the night shift

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In a recent Alert, I discussed the OFCCP’s filing of a law suit with the Office of ALJs against Palo Alto company Palantir, a technology company.  The claim is that Palantir discriminated systematically against Asian job applicants in hiring in

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