an update for the week of august 4, 2003
Each week, Workplace Week brings you news and commentary on critical issues affecting employees and advocates.

In this edition: Pryor's 11th Circuit nomination stalled, and California becomes 4th state to ban gender identity discrimination.
today's workplace: the employee rights blog
Pryor's Nomination Stalled, For Now, As Senate Goes on Summer Recess: Today Democrats in the U.S. Senate blocked the nomination of William H. Pryor to the 11th Circuit Court of Appeals from moving forward with a 53-44 vote, short of the 60 votes needed to move Pryor's nomination forward.
Discouraged, Disillusioned, and Ultimately Disposable: A new study released on July 28 demonstrates just how bad it is for the American worker in mid-2003. In The Disposable Worker: Living in a Job-Loss Economy, we learn that nearly one in five workers (18%) suffered layoffs from a full- or part-time job in the last three years, with low-income workers particularly susceptible to layoffs (23% for workers making less than $40,000 per year, compared to 11% for workers making over $40,000).
this week in the courts
Davidson v. Am. Online, Inc.  (Tenth Circuit; No. 01-4253)
Decision Date: July 30, 2003
When an ADA plaintiff pursues several disparate treatment claims based on discrete discriminatory acts, the limitations period will begin to run for each individual act from the date on which the underlying act occurs. A deaf plaintiff raised issues as to whether voicephone experience is an essential function of all non-voicephone positions.
Cullen v. Indiana Univ. Bd. of Trustees  (Seventh Circuit; No. 02-3043)
Decision Date: July 29, 2003
A university professor failed to make a prima facie claim of wage discrimination under the Equal Pay Act where compared positions did not require equal levels of skill, effort, or responsibility. A pay equity study could not establish discrimination.
Zaccagnini v. Chas. Levy Circulating Co.  (Seventh Circuit; No. 02-3484)
Decision Date: July 29, 2003
An Age Discrimination in Employment Act plaintiff established a prima facie case, and the employer's inconsistent explanations for a decision not to rehire plaintiff call into question the credibility of its proferred non-discriminatory reason.
Brown v. Packaging Corp. Of Am.  (Sixth Circuit; No. 01-5864)
Decision Date: July 29, 2003
In an age discrimination in employment case, any potential for confusion caused by jury instruction on the prima facie case and burden-shifting was not sufficiently great to necessitate reversal of a verdict for the employer.
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