Tag: discrimination

U.S. Supreme Court to Hear Six L&E Cases This Term

The U.S. Supreme Court opened its 2008-2009 term on October 6 with six labor and employment law cases on its docket.  (For docket information and questions presented, click on the name of the case).  Locke v. Karass:  may a public employee union may charge nonmembers for representational costs for litigation expenses incurred by the international union on … Continue Reading

Ninth Circuit Asks Washington Supreme Court to Define “Disability” under WLAD

The Ninth Circuit Court of Appeals earlier this week certified a question to the Washington Supreme Court, seeking that court’s help in defining "disability" under the Washington Law Against Discrimination (WLAD).  Two years ago, in McClarty v. Totem Electric, 137 P.3d 844 (2006), the Washington Supreme Court significantly narrowed the definition of "disability" under the WLAD.  In 2007, … Continue Reading

ADA Amendments Act Passes House – Next Stop White House

The ADA Amendments Act ("ADAAA") was passed by the U.S. House of Representatives earlier today.  For more information, read the House’s Press Release.  As reported previously by the Stoel Rives World of Employment, the same version of the bill was recently approved by the U.S. Senate.  The next stop for the ADAAA is the White House.  President … Continue Reading

Number of Companies with Top Rating for Lesbian, Gay, Bisexual and Transgender Workers Jumps by One-Third

The Human Rights Campaign Foundation yesterday released its seventh annual Corporate Equality Index ("CEI"), which rates 583 large businesses on a scale from 0 to 100 percent on their treatment of lesbian, gay, bisexual and transgender employees.  This year  259 businesses–employing more than 9 million full-time employees–achieved a perfect score, a one-third increase over last … Continue Reading

Oregon: Leave for Olympic Athletes?

Local athletes did remarkably well at the 2008 Track and Field Olympic Trials in Eugene, Oregon, which raises an interesting leave issue.  It’s an obscure law, but Oregon requires employers to give Olympic athletes leave to compete.  Under ORS 659.865, it is an unlawful employment practice for an employer to infringe on an employee’s right … Continue Reading

Supreme Court Accepts Review of AT&T Retirement Benefits Case

Earlier this week, the U.S. Supreme Court agreed to consider whether employers may be liable under Title VII for not giving female employees full credit for pregnancy leaves in calculating retirement benefits.  AT&T Corp. v. Hulteen, U.S., No. 07-543. The Ninth Circuit ruled last August that AT&T violated Title VII by calculating the female plaintiffs’ retirement … Continue Reading

Supreme Court: No “Class of One” Claims

This morning the U.S. Supreme Court struck a blow for public employers, ruling that the "class of one" theory does not apply in public employment cases.  In Engquist v. Oregon Department of Agriculture, the plaintiff alleged that she was fired not because she was a member of a protected class (such as race, sex, age, … Continue Reading

Supreme Court Expands Plaintiffs’ Relief in Race and Age Discrimination Cases

On May 27, the Supreme Court held that two civil rights laws prohibitretaliation against employees who complain about discrimination, even though neither law actually mentions retaliation. In CBOCS West, Inc. v. Humphries, the Court held that a restaurant employee could sue his employer for retaliation under Section 1981 of the Civil Rights Act of 1866 … Continue Reading
LexBlog