an update for the week of december 11, 2006
today's workplace: the employee rights blog
Going to Extremes -- Does It Benefit Anyone?: We all know the type: workaholics; Type-A personalities; road warriors; but now we can call them "extreme workers." As discussed in a new report by the Center for Work-Life Policy, "work for many has become the ultimate extreme sport--high level, high impact workers pushing themselves beyond their limits; working around the clock and around the globe." It's pretty obvious why that might not be a positive trend for workers, but does it benefit employers? How did we get here, and is it possible to reverse the trend?
this week in the courts
Merillat v. Metal Spinners, Inc. ?(Seventh Circuit; No. 05-4053)
Decision Date: December 6, 2006
Summary judgment for employer in an action alleging age and sex discrimination and violation of the Equal Pay Act is affirmed where: 1) plaintiff could not establish pretext for her age and sex discrimination claims; 2) plaintiff and a higher-paid male employee did not have equal levels of responsibility in violation of the EPA; and 3) even assuming a prima facie case under the EPA, defendant was entitled to an affirmative defense since the male employee had a higher level of education than plaintiff and his higher salary was offered in consideration of the market forces in operation at the time the position was created.
Fernandez v. Chertoff ?(Second Circuit; No. 05-0426)
Decision Date: December 5, 2006
Dismissal of Title VII employment discrimination claim for failure to state a claim upon which relief could be granted, based on plaintiff's failure to exhaust administrative remedies and rejection of equitable principles to excuse such failure, is vacated as the district court erred in failing to consider all of the unique circumstances of the case.
The Good, the Bad, and Wal-Mart
action center
Wal-Mart: Bad for Workers, Bad for America
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? 2006 Workplace Fairness