an update for the week of march 30, 2004
Got five minutes? Then there's three things we'd like you to do this week: 1) Write a letter to Congress on overtime; 2) Take our survey; 3) Write a letter to Congress on the Civil Rights Tax Relief Act. Just click the appropriate link in the right column, and you're off and running!
today's workplace: the employee rights blog
Supreme Court Finally to Address Taxation of Damage Awards (and Disparate Impact Age Cases Too): Those of us who have been following the taxation of damage awards issue for several years now cannot help more than a twinge of excitement about the fact that the U.S. Supreme Court has finally decided to address the issue -- regardless of the ultimate outcome of the case. You know you care too much about this issue when you find yourself upset over the relative dearth of news coverage for yesterday's cert grant in two tax cases, when compared to another case the Supreme Court decided to hear yesterday: whether disparate impact claims may be brought under the Age Discrimination in Employment Act. While that case is certainly important too, the two tax cases have the potential to affect almost every civil rights litigant, as the Court could either wipe out the current double taxation of most discrimination awards, or by erasing the circuit splits, cause every taxpayer to be subjected to them, even those who currently have favorable protections.
this week in the courts
Fuhr v. Sch. Dist. of the City of Hazel Park  (Sixth Circuit; No. 01-2215, 01-2606, 02-1367)
Decision Date: March 24, 2004
Plaintiff presented direct evidence that gender was a factor in the decision not to hire her as the boys' varsity basketball coach; the pay differential between the junior varsity and varsity positions establishes that she suffered adverse employment action; district court did not abuse its discretion by ordering plaintiff's instatement as the coach of the varsity team.
Hernandez v. Hughes Missile Sys. Co.  (Ninth Circuit; No. 01-15512)
Decision Date: March 23, 2004
A genuine issue of fact exists as to whether defendant failed to re-hire plaintiff because of his past record of drug addiction, rather than in reliance on a uniform no re-hire policy. Summary judgment for defendant is reversed.
Ceballos v. Garcetti  (Ninth Circuit; No. 02-55418)
Decision Date: March 22, 2004
For purposes of summary judgment, qualified immunity was not available to the individual defendants because the law was clearly established that plaintiff's speech, alleging wrongdoing by a deputy sheriff, addressed a matter of public concern and that his interest in the speech outweighed his employer's interest in avoiding inefficiency and disruption.
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