June 2010

Is a civilian employee with dual status in the Air Force Reserves a member of the armed services for purposes of intra-military immunity under Title VII? Is a position "vacant" for purposes of a "reasonable accommodation" under the ADA when it is occupied by a...

The Third Circuit tosses, in toto, an arbitration policy promulgated by a jewelry retailer, finding it both unconscionable under Virgin Island law and (more notably) forfeited by the employer's failure to file a dispositive motion during the first year of the...

Two good results for employees today: the Ninth Circuit revives part of a case, for injunctive relief, against a mining operation and the Navajo Nation for discrimination against non-Navajo job applicants; and the Eighth Circuit affirms a jury verdict for an ADEA...

The story of two Title VII trials won by plaintiffs. In the Seventh Circuit, the court affirms a housekeeper's judgment ($15,000 compensatory/$50,000 punitive) in a retaliation case against her former employer, over myriad objections to the trial and to the...

Hats off to two U.S. court of appeals' reversals of summary judgment this week (so far)! In the Second Circuit, a thorough opinion signed by Judge Kearse sends two Title VII claims for harassment and retaliation back for trial. The Fourth Circuit, in an unsigned...

The Second Circuit vacates summary judgment, and remands for further development, a challenge by two frustrated white applicants for fire-fighter positions to a 1980 consent decree that required the city fire department ranks to mirror the percentage of...