January 2009

Leftovers from year's end 2008. The Fifth Circuit tosses class certification (in a post-Katrina case) on a ground heretofore unknown -- to me, anyway -- that the "the district court abused its discretion by certifying a class based on claims not pleaded in the...

Just as we closed the year 2008 on an up-note, with a couple of appellate victories for employees, we begin 2009 with a reversal of summary judgment on a retaliation claim by the Fourth Circuit. It reaffirms an important exception to the charge-filing requirement --...

Meacham v. Knolls Atomic Power Laboratory, which the U.S. Supreme Court recently decided 7-1 for the employees, makes its third trip to the Second Circuit on remand.  And befitting its history, in an unpublished order, the case must return once again to the district...

The Tenth Circuit issues an unpublished decision reversing summary judgment in part in a single-incident sex-harassment case, involving a putative supervisor who committed criminal sexual assault at the workplace. And the U.S. Supreme Court picks up a racial...

The Eighth Circuit hides its light in a bushel, reversing summary judgment in a Title VII retaliation case by way of an unpublished decision. The EEOC takes it in the chin in the Fifth Circuit, with an award of defense fees and costs in an ADA case that went awry at...

Here's the first employment discrimination case of the Supreme Court term -- a 9-0 victory for plaintiffs, holding that engagement in an internal investigation of harassment constitutes "opposition" for purposes of the Title VII anti-retaliation section, 42 U.S.C. §...