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September 2010 Archives

Newberry v. Burlington Basket Co., No. 09-3082 (8th Cir. Sept. 28, 2010)

I'm feeling a bit of shame about the long (unprecedented, really) gap in posts, but - in my defense - there's been a weird lapse in EEO decisions worth writing about. The Eighth Circuit solved my problem yesterday by affirming a jury verdict for a plaintiff in an ADEA/Iowa Civil Rights Act (ICRA), which survives - post-Gross - because the parallel state law is more progressive.

Payne v. Salazar, No. 09-5291 (D.C. Cir. Sept. 7, 2010)

Federal employees who adjudicate their Title VII claims through the agency route have a choice, if they are dissatisfied with the result, between appealing to the EEOC or refiling the claims in federal district court. This case becomes the first to hold that an employee with multiple Title VII claims may accept the results of a winning claim while also proceeding to federal court with the losing ones.

EEOC v. Prospect Airport Services, No. 07-17221 (9th Cir. Sept. 3, 2010)

The EEOC reverses summary judgment on a female-on-male, co-worker Title VII harassment claim, in an opinion containing out-of-date pop cultural references (particularly to an notorious one-hit wonder from the 1990s), some purply prose, and a hasty mis-phrasing that appears to shift the burden of proof to the employer on one element of the EEOC's claim.

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