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January 2015 Archives

Riser v. QEP Energy, No. 14-4025 (10th Cir. Jan. 27, 2015)

Employers have often argued that the Equal Pay Act does not apply if the male and female comparable employees spend significant amounts of time on different tasks. Yet the Tenth Circuit today affirmed that if a female employee performs addition al duties beyond a male comparator, that fact does not defeat the employee's prima facie case under the EPA.

New Pregnancy Discrimination and Accommodation Amendments to the Illinois Human Rights Act

Effective January 1, 2015 the pregnancy discrimination and accommodation amendments to the Illinois Human Rights Act (IHRA) became law, requiring many employers in the state to update or change their policies with respect to expecting and new mothers in the workplace.

Wooten v. McDonald Transit Associates, Inc., No. 13-11035 (5th Cir. Jan. 2, 2015)

Over the long holiday weekend, the Fifth Circuit issued the first EEO case of the year, one that points up an important federal pleading lesson in the era of Iqbal and Twombly. To wit, if you anticipate seeking a default judgment, make sure that your discrimination complaint is as complete as possible. The Fifth Circuit holds (2-1), in a matter of first impression, that deficiencies in a complaint cannot be cured by live testimony in a default judgment hearing. The court concludes, in the present case, that while the plaintiff presented a plausible case of age discrimination at the hearing, the complaint itself was insufficient to support the judgment.

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