Last week, a federal district court in Connecticut held that the Department of Corrections violated federal law in instituting a discriminatory physical fitness test that created a disparate impact on women. It also found tha
t the test was not job-related or necessary.
In doing so, the court granted summary judgment to the employee
Over the last few days, I’ve had the great fortune of attending the American Bar Association’s Midyear Meeting, where I serve as a delegate from Connecticut in the Hous
e of Delegates — the organization’s main policy-making branch.
(You can see all my tweets from the meeting at twitter.com/danielschwartz).
Earlier this morning
Lost sometimes amid all the aspects of discrimination cases are the technical requirements that still must be shown in order for a discrimination claim to proceed.
For example, Title VII applies only to employers with 15 or more employees each working day in each of 20 or more calendar weeks (But note that there may
Back in February, I noted that not all U.S. Supreme Court cases are created equal and warned employers not to get too excited about a case that was then being argued in front of the U.S. Supreme Court — Lewis v. City of Chicago.
Yesterday, the Court released its unanimous decision (download here)
It has long been the rule in the Second Circuit, that individual supervisors do not have liability under Title VII claims, based on the case of Tomka v. Seiler Corp.
But can supervisors be sued individually under the ADA for retaliation? The Second Circuit last week held that individual supervisors may not be held liable under
There is a common misconception about the U.S. Supreme Court that all cases that it rules on are created equal.
They’re not. Some take on more significance than others.
Case in point: Lewis v. City of Chicago, which was argued yesterday (transcript available here). I’ve previously discussed the case in an earlier post
UPDATED
The health care bill debate seems all consuming. At least in terms of press coverage.
But yesterday, the House of Representatives passed a defense 
spending bill (H.R. 3326) that, according to the DC Employment Law Update: "prevents most defense contractors and subcontractors from forcing their employees or independent contractors to sign, as a condition
It was never really a question of if, but when.
And yesterday, the United States District Court in Connecticut made final what had long been anticipated in the Ricci v. DeStefano case — the promotions of variou
s firefighters to the positions of Lieutenant and Captain. You can download the order here.
In doing
Well, that didn’t take too long.
Just a few months after the U.S. Supreme Court’s ruling in Ricci v. DeStefano, a black firefighter filed suit yesterday in U.S. District Court alleging that he was unfairly denied promotion to the position of lieutenant because of the city’s scoring of a 2003 promotional exam.
You can
At the recent World Track & Field Championships, a fascinating understory developed about the gender of a runner from South Africa, Caster Semenya. She recently shattered world records and, in doing so, raised suspicions that something else was going on to explain the record runs. With illegal drugs ruled out, officials are investigating whether