September 2009

It is gratifying to see, in one day, two ERISA retiree heath care cases reported on appeal where the plaintiffs came off well. In the Sixth Circuit, the court (2-1) remands a putative class action on a section 502(a)(1) and (a)(3) claim for benefits, holding that the...

In the Seventh Circuit, a district court gets snagged on the seemingly straight-forward rule that an employee's 90 days to file a Title VII lawsuit runs on the claimant's receipt -- not the agency's mailing -- of the EEOCs right-to-sue letter. In the First Circuit, a...

Today, two cases involving public school employees. A Polish, bilingual high-school educator came out the better against the Chicago Public schools a year ago in Filar v. Board of Educ. of City of Chicago, 526 F.3d 1054 (7th Cir. 2008), and another Polish, bilingual...

The Ninth Circuit hands down two decisions in two days favoring employees. In the first, the panel analyzes in a Title VII sex discrimination case how to apply the McDonnell Douglas prima facie case when the employee is said to fall short of subjective goals. In the...

The Second Circuit today recognizes ADEA liability for employment decisions made by independent contractors of an employer. The Third Circuit reverses itself in a pay discrimination case, vacating summary judgment and remanding under the Lilly Ledbetter Fair Pay Act....

The Third Circuit reverses summary judgment in an FMLA retaliation case -- rejecting a dubious defense that the FMLA retaliation section does not prevent an employer firing someone before they take FMLA leave -- though, in the same decision, the panel rejects a...