an update for the week of june 9, 2003
Welcome to the inaugural edition of Workplace Week, the Workplace Fairness e-newsletter. Each week, we will bring you news and commentary on critical issues affecting employees and advocates.
today's workplace: the employee rights blog
Supreme Court Loosens Evidence Standard in Mixed-Motive Cases: Workers to Benefit from Ruling: In a rare unanimous decision (which is even more rare when you consider that it's an employee-friendly decision written by Justice Clarence Thomas), the U.S. Supreme Court today ruled in favor of the employee's position in Desert Palace, Inc. v. Costa. While employee advocates and attorneys are generally applauding this victory because of its modifications to the already-difficult proof standards in certain types of cases, and the likelihood that more cases will survive summary judgment, workers should rejoice as well, because the result most likely means that fewer employment cases will be thrown out of court prematurely.
Comp Time Bill Pulled From the House, But Still Poses a Threat: On June 5, the House of Representatives pulled from consideration the Family Time Flexibility Act (HR 1119). The move signaled that Republicans in the House did not have enough votes secured in favor of the measure to guarantee passage. This was extremely good news, both because it signaled that there are a few moderate Republicans who will listen to their constituents on labor issues, and because the Republican party leadership (at this time anyway) does not consider this battle one that requires adherence to the leadership party line. Further vigilance is required, however.
this week in the courts
Desert Palace, Inc. v. Costa ?(U.S. Supreme Court; No. 02-679)
Decision Date: June 9, 2003
Direct evidence of discrimination is not required for a plaintiff to obtain a mixed-motive jury instruction under Title VII of the Civil Rights Act of 1964.
Madison v. IBP, Inc. ?(Eighth Circuit; No. 99-2853, 99-2859)
Decision Date: June 6, 2003
On remand from the US Supreme Court, in light of National Railroad Passenger Corp. v. Morgan, 122 S. Ct. 2061 (2002), this court grants plaintiff's compensatory damages, backpay, and benefit award under Iowa law, as well as her related award of appellate fees and costs are reinstated. Claims for punitive damages are remanded for a new trial under federal law as clarified by Morgan.
Cherosky v. Henderson ?(Ninth Circuit; No. 01-35254)
Decision Date: June 5, 2003
The US Supreme Court's decision in National Railway Passenger Corp. v. Morgan, 536 U.S. 101 (2002), precludes recovery in employment decisions that occurred outside of the limitations period, but were made pursuant to an allegedly discriminatory policy that remained in effect during the limitations period.
this week's headlines
what's new at wf
Views on the News? Here we cover the latest viewpoints on workplace issues. Whether it?s an editorial or op-ed you?re looking for, political commentary, or the advice of workplace columnists, if it?s filled with opinions, you?ll find it here.
Corporate Pay Watch ? It seems like every time you turn around, there's a new story about a corporate pay scandal. Now all of these articles will be compiled here, on our site's new "Corporate Pay Watch" page.
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