an update for the week of november 27, 2006
today's workplace: the employee rights blog
Groundhog Day Every Payday: Does the passage of time render past pay discrimination untouchable? Or is it like Groundhog Day, where it happens again and again with every paycheck? That was the question the Supreme Court faced on Monday, in the case of Ledbetter v. Goodyear Tire and Rubber Co. Situated right where law and reality collide, you have to wonder, from the tenor of the Supreme Court's questioning, whether the legal principles at stake will end up reinforcing a harsh reality for female workers -- and any workers who get paid less for discriminatory reasons -- one that repeats itself over and over.
this week in the courts
Scarbrough v. Morgan County Bd. of Educ. ?(Sixth Circuit; No. 04-6302)
Decision Date: November 22, 2006
In a civil rights and state law action brought against a county Board of Education and some of its individual members involving alleged retaliation against plaintiff in a failure to select him as Director of Schools, summary judgment for defendants is affirmed in part, but reversed in part where: 1) plaintiff demonstrated the existence of a genuine issue of material fact that his protected conduct caused the Board not to choose him for the position; 2) he offered sufficient evidence to create a genuine issue of material fact as to whether certain defendants were motivated by anti-gay animus; 3) applying the "but for" analysis adopted in this matter, plaintiff submitted enough evidence to hold the board liable; and 4) the board members were not entitled to qualified immunity.
Szymanski v. County of Cook ?(Seventh Circuit; No. 06-1061)
Decision Date: November 20, 2006
In a nurse's action alleging that a county, through employee-doctor, retaliated against her in violation of Title VII after her employment with the county ended, summary judgment for the county is affirmed where there was nothing in the record which established an adverse post-employment action taken by the county against plaintiff.
The Good, the Bad, and Wal-Mart
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Wal-Mart: Bad for Workers, Bad for America
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? 2006 Workplace Fairness