July 2009

A rare Title VII "color" discrimination case arises in this non-precedential Tenth Circuit appeal. Although the panel agrees unanimously to dismiss the retaliation and discrimination claims, it splits 2-1 (in the course of a 47-page opinion) over whether the...

Firefighters ages 55 and over lose a round with the Commonwealth of Puerto Rico in this First Circuit case, which considers the criteria added by Congress in 29 U.S.C. § 623(j) and the effect of the Department of Health and Human Services's failure to enact...

There's really been a drought of EEO opinions worth writing about lately, but today we get two: the Fourth Circuit reversing and remanding summary judgment in a Title VII race-and-sex harassment case brought by the EEOC, and the D.C. Circuit weighing in on whether the...

The Third Circuit drops two opinions today notable in their awful badness for civil rights litigation. The first holds that in setting a prevailing-party's reasonable attorney's fee under § 1988 (and by extension, many other fee-shifting statutes), a district court...

As the week and month roll to a close, we have the D.C. Circuit zapping a Rule 11 sanction entered sua sponte against a plaintiff's employment lawyer, holding that the district court itself misapprehended the law. The Sixth Circuit, in a tidy unpublished opinion,...