May 2009

Two notable, though unpublished, opinions came down last Thursday. The Tenth Circuit holds that federal district courts have subject-matter jurisdiction to enforce federal-employee settlement agreements with the government, at least for claims arising under the ADEA....

A panel of the Ninth Circuit decides the same case -- challenging a town's cancellation of retiree health care for its employees -- three different ways in three separate opinions. In the first, the panel certifies for the Oregon Supreme Court the issue of whether...

Here are two federal-sector cases to chew on. The Fourth Circuit considers whether the 90-day trigger for filing a civil action against a federal agency accrues anew under 42 U.S.C. § 2000e-16(c) and 29 C.F.R. § 1614.405(b) when the party files a timely motion to...

A Title VII religious accommodation claim -- by a conscientious objector to paying union dues -- results in three separate opinions and no clarity in the Sixth Circuit. In the Third Circuit, an unpublished opinion appears confused over the difference between...

News on the EEO beat has been a little thin lately, but here are two affirmances today of jury verdicts for plaintiffs: an FMLA interference/retaliation case from the Seventh Circuit, and a Title VII retaliation case (in an unreported opinion) from the Ninth...

There more decisions for the merry month of May: a split outcome in the Eighth Circuit, affirming a bench verdict in favor of the union on a disparate impact theory but remanding a retaliation claim for trial; a very brief decision in the Sixth Circuit, affirming...

To end the week, here's a notably progressive decision from the Eighth Circuit construing the "factor other than sex" defense under the Equal Pay Act, as adopted by Title VII. And in an unpublished Second Circuit decision, a Rehabilitation Act trial results in an...