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En banc CA-9 makes it clear prior salary can’t be ‘factor other than sex’ under Equal Pay Act

April 9th, 2018

By Lorene D. Park, J.D.
Overruling its 1982 decision in Kouba v. Allstate Ins. Co., the Ninth Circuit sitting en banc held that an employee’s prior salary does not constitute a “factor other than sex” upon which a wage differential may be based under the Equal Pay Act’s “catchall” exception set forth in 29 U.S.C. § [Read more...]

State employee fired for signing work emails with ‘In Christ’ takes bias claims to trial

April 9th, 2018

By Kathleen Kapusta, J.D.
A state human services department employee who was discharged for failing to comply with the agency’s email signature rule when he refused to stop signing all his emails with the valediction “In Christ” can proceed to trial with his Title VII and state-law religious discrimination claims. Denying the agency’s motion for summary judgment, [Read more...]

Jury to decide if Yale liable for professor’s actions after ‘consensual’ affair with subordinate

April 9th, 2018

By Marjorie Johnson, J.D.
A jury will decide if Yale University is vicariously liable for tangible actions taken by a married professor in its School of Medicine, who purportedly convinced a reluctant post-doctoral fellow to continue their two-year sexual affair by threatening her continued employment, and then forced her out after his wife found out about [Read more...]

Home Depot subcontractor liable for at least $6.59M for worker’s fall from ladder and electric shock

April 9th, 2018

By Lorene D. Park, J.D.
After finding that Home Depot was strictly liable under New York law, but could seek indemnity from its subcontractor for grave injuries sustained by the subcontractor’s employee when he fell from a ladder and was electrocuted, a federal district court in New York granted in part the worker’s motion for summary judgment [Read more...]

No revival of ‘trailing spouse’ female professor’s pay bias claim

April 6th, 2018

By Kathleen Kapusta, J.D.
Despite comments by the Director of the School of Art referring to a part-time faculty member as a “princess” and “trailing spouse” who should just have babies and be happy, the Fifth Circuit affirmed the dismissal of the non-renewed LSU art professor’s Title VII gender discrimination in pay claim. It also affirmed dismissal [Read more...]