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No showing laid-off 62-year-old physical plant director’s position was filled by rehired younger subordinate

March 22nd, 2019

By Kathleen Kapusta, J.D.
Discriminatory animus, said First Circuit, cannot be inferred solely from the subsequent hiring of a younger individual for a position plainly inferior to the employee’s previous position.
Affirming judgment as a matter of law in favor of a hospital employer, the First Circuit found that a 62-year-old laid-off employee failed to show his [Read more...]

EEOC must clarify EEO-1 pay data reporting status by April 3

March 22nd, 2019

By Pamela Wolf, J.D.
The EEOC reportedly has until April 3 to clarify whether pay data information will be required in this year’s EEO-1 report.
SHRM has reported that the Office of Management and Budget has until April 3 to tell employers whether companies will have to report pay data in this year’s EEO-1 reports, as mandated [Read more...]

Violating NY Civil Service Law not ‘clearly established law’ to defeat immunity of university president

March 22nd, 2019

By Nicole D. Prysby, J.D.
Procedures set forth in New York state law do not serve as “clearly established law” for purposes of qualified immunity from a federal due process suit, plus, the process provided to the state university employee was adequate for due process purposes.
The president of a New York state university is entitled to [Read more...]

Basing male professors’ pay on their salaries as former administrators was factor other than sex

March 21st, 2019

By Kathleen Kapusta, J.D.
The appeals court also found that a litany of concrete differences underscored that the female professor did not perform work equal to that of her higher paid male comparators.
While a female professor’s decision to choose as comparators two of the highest-paid professors at the university established the existence of a wage differential [Read more...]

Forced to retire due to monocular vision, police officer can’t advance disability bias claims

March 21st, 2019

By Marjorie Johnson, J.D.
A fitness-for-duty exam ordered after the officer tested positive for marijuana, and a follow-up with an ophthalmologist, revealed that a prior injury to his eye had left him unable to meet the state-mandated minimum sight standards.
Because he was unable to perform the essential functions of the job, a police officer with monocular [Read more...]