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Affirmative ActionDiscrimination & Harassment | Disability | Title IX | Diversity News


Affirmative Action

How Affirmative Action divides two justices. January 13, 2012 CBSnews.com video. January 12, 2012 Business Insider.com article. January 11, 2012 CBSnews.com video.

Proposed Legislation presented to President for signature. Improving Transparency of Education for Veteran's Act (H.R. 4072)

Affirmative Action: Facticious Past, Uncertain Future. NPR article. 

'Hire a Veteran' Campaign Debunks Brain Injury Misperceptions. November 21, 2012 SHRM article.

Why Judges Can't Hear Each Other on Affirmative Action, December 6, 2012. The Atlantic article.

OFFCP - Census Burea is planning to release new workforce data by ethnicity, race, and gender at the end of November. EEO 2006-2010 ACS

Census Bureau Releases Equal Emplyment Opportunity Tabulation that Provides a Profile of America's Workforce. November 29, 2012 article.

A Posse of Veterans--Vassar College's veteran recruitment increases with help from the Posse Foundation. November 27, 2012 article.

Coalition to Defend Affirmative Action v. Regents of University of Michigan, Case Nos. 08-1387-1534, November 15, 2012.

The decision strikes down a voter referendum banning the use of affirmative action by public colleges in Michigan. See Court Strikes Down Michigan's Ban on Race Conscious College Admissions November 15, 2012 article.

 Fisher v. University of Texas

The question before the Supreme court is whether "this Court's decisions interpreting the Equal Protection Clause of the Fourteenth Admendment, including Grutter v. Bollinger, 539 U.S. 306 (2003), permit the University of Texas at Austin's use of race in undergraduate admissions decisions."

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Discrimination and Harassment

Suter v. University of Texas at San Antonio (C.A.5(Tex.)
January 16, 2013. Variances in the pay received by a female professor for a state university and male professors with similar qualifications resulted from merit evaluations that were in turn based on the professors' teaching, research, and service, as well as seniority. Therefore, the university did not violate the Equal Pay Act.

Marines tell spouses clubs: admit same sex spouses. January 9, 2013 Houston Chronicle article.

EEOC v. Marymount Manhattan College (S.D. NY 12-cv-2388)
January 4, 2012. College pays to settle EEOC suit with 64 year old applicant for tenure track assistant professorship in dance choreography. Marymount initially selected a 64-year-old choreography instructor and two other applicants as finalists for an assistant professorship in dance composition.  After determining that the 64-year-old was the leading candidate Marymount’s search committee allegedly expanded its search to include a less qualified, 37-year-old applicant as a fourth finalist because it considered her to be “at the right moment of her life for commitment to a full-time position.”  Marymount hired the 37-year-old applicant. article.

Judge rebuffs discrimination suit against Spokane Falls Community College by economics professor who was denied tenure because he failed to first exhuast his administrative remedies. Jan. 1, 2012 diverseeducation.com article.

Jackson v. Temple University Hosp., Inc., (C.A.3 (Pa.))
January 4, 2013: Labor and Employment - A terminated university hospital employee failed to present evidence that employees who were similarly situated to her and who were not African American were retained during a reduction in force. Thus, she failed to establish a prima facie case of unlawful employment discrimination under Title VII.

Marable v. Marion Military Institute, (S.D.Ala.)
December 31, 2012: Labor and Employment - Complaints by an African-American trainer officer at a military educational college, which was also a state college, about his own treatment did not qualify as protected speech on a matter of public concern in a 1983 First Amendment retaliation action against the college. The complaints were driven by the officer's own entirely rational self-interest in improving the conditions of his employment and were centered around his private matters, not matters of social interest.

Veronese v. Lucasfilm, Ltd.
California Appeals court reverses jury verdict in pregnancy discrimination lawsuit due to exclusion of jury instructions concerning whether a business may exercise a business judgement in considering whether to employ a pregnant applicant. Veronese claimed in trial that George Lucas revoked an offer for a $75,000 a year personal assistant position after Veronese revealed that she was pregnant.

Nelson v. Knight.
Irrisistable Employee can be fired says Iowa Supreme Court. abcnews. com December 22, 2012 article.

EEOC will focus on Hiring, Pay, and Harassment. SHRM December 21, 2012 article.

Employer is not obligated to rehire poor-performing worker under USERRA. December 5, 2012 article

Ex-Greenberg Traurig Lawyer Files $200 Million Bias Suit. December 3, 2012 article.

Porter v. Chicago
7th Circuit confirms that employee or job applicant seeking accomodation based on a disability or religious conviction is only entitled to a reasonable accomodation, not necessarily the accomodation of his or her choosing.

Vance v. Ball State University, et. al.
Supreme Court to look at who is a 'supervisor' in harassment cases. "Whether, as the Second, Fourth, and Ninth Circuits have held, the Faragher and Ellerth "supervisor" liability rule (i) applies to harassment by those whom the employer vests with authoriry to direct and oversee their victim's daily work, or , as the First, Seventh, and Eigth Circuits have held (ii( is limited to those harassers who have the power to "hire, fire, demote, promote, transfer, or discipline" their victim." November 26, 2012 NPR article.

Former Price is Right Model gets $7.7M in punitive damages for pregnancy discrimination article.

EEOC- Texas state agencies pay $175,000 to settle EEOC and DOJ wage discrimination suit. November 19, 2012 EEOC Press Release.

Equal Opportunity Unequal Interest? November 15, 2012 article on Title IX

EEOC issues domestic violence guidance. November 7, 2012 Inside Counsel article.

EEO Roundup: GINA Cases in the Forecast? November 2, 2012

Proposed Legislation - the Pregnancy Workers Fairness Act ( S.3565, HR. 5647)

Macy v. Holder, Appeal No. 0120120821, EEOC , April 20th, 2012.
EEOC agency decision ruling – for the first time – that employment discrimination against transgender individuals is a form of sex discrimination under Title VII of the Civil Rights Act of 1964.This ruling applies to all employers subject to Title VII on the federal level. Plaintiff applied to BATF as a man, and was offered a job, which was rescinded when she told agency she was in process of becoming a woman.

Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC  No. 10-553, Decided Jan. 11, 2012, U.S. Supreme Court

In a unanimous decision, the S. Ct.reaffirmed the application of the ministerial exception under Title VII. In this case, the Hosanna-Tabor Evangelical Lutheran Church (Church) hired a subsitute teacher to replace a commissioned minister teacher (Cheryl Perich) who had been on half the year with narcolepsy. When Perich stated she was ready to return to the classroom, the principal advised they had contracted with another teacher and also expressed concern about Perich's readiness to return to the classroom. The congregation offered to pay part of her health insurance in exhange for her resignation. Perich instead filed a claim with the EEOC alleging disability discrimination. The EEOC brought suit against the Church alleging that Perich had been fired in retaliation for threatening to file and ADA lawsuit. The Church has a principle of internal dispute resolution and responded that the suit was barred by the First Amendment as this claim concerned an employment relationship between a religious institution and one of its ministers.

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Disability

Dear Colleague Letter fon Disable Atheletes. article.

DOE's guidance on Disabled Athletes could lead to changes in college sports. The Chronicle of Higher Education January 28, 2013 article.

Hamilton v. Oklahoma City University (W.D. Okla.)
January 18, 2013- An adjunct professor failed to show that her disability was a motivating factor in a university's decision not to select her for a full time, tenure- track faculty position. Therefore, she failed to establish a prima facie case of disability discrimination under the Americans with Disabilities Act and Oklahoma's Anti-Discrimination Act . She offered no evidence that she was asked about her disability or the use of a service dog during her interview or at any other stage of the selection process. Moreover, she could not identify anyone on the selection committee who exhibited discriminatory animus toward her.

Argenyi v. Creighton University, (C.A. 8(Neb.)), 2012 WL 149803
January 16, 2013- 8th Circuit-A medical school was not entitled to summary judgment on a hearing impaired student's Americans with Disabilities Act (ADA) and Rehabilitation Act discrimination claims. A genuine issue of material fact existed as to whether the school denied the student an equal opportunity to gain the same benefit from the school as his nondisabled peers by refusing to provide his requested accommodations of interpreters and a communication access real-time transcription (CART) system, which transcribes spoken words into text on a computer screen

Iowa appeals court overturns child allergy ruling. January 9, 2012 Houston Chronicle article.

Porter v. Chicago,

7th Circuit confirms that employee or job applicant seeking accomodation based on a disability or religious conviction is only entitled to a reasonable accomodation, not necessarily the accomodation of his or her choosing.

Report of the ARL Joint Task Force on Services to Patrons with Print Disabilities, November 2, 2012

Velzen et. al. v. Grand Vally State University,

October 10, 2012- Can a student bring a guinea pig to dorm room as emotional support animal to accomodate for depression and heart condition under Fair Housing Act and Rehabilitation Act ?

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Title IX

Jan 14, 2013 opinion article from themoralliberal.com on the case of University of Denver Professor Arthur Gilbert Title IX , free speech, academic greedom, due process, and sexual harassment. 

Title IX brought good to 2012. Jan. 10, 2013 BattleCreekEnquirer.com article.

Is Middlesex League hockey in violation of Title IX too? Jan 7, 2013 article.

ACLU files lawsuits against single sex classrooms in coeducational elementary in two states. Title IX blog December 6, 2012 article. Link1 to complaint. Link2 to complaint.

Title IX at 40 years December 19, 2012 BigTen.org article

Rouse v. Duke University 
December 12, 2012 decision by U.S. District Court (M.D. North Carolina) holding  that a university’s allegedly deficient investigation and response of fraternity hosting party at which plaintiff was sexually assaulted was not a violation of Title IX. The university cooperated fully with law enforcement in the criminal investigation and arrest of the perpetrator. The court states that the allegedly inadequate investigation of the fraternity hosting the party did not cause plaintiff to undergo further harassment or make her more liable or vulnerable to it and therefore cannot serve as the basis for institutional Title IX liability. The court further holds that a claim that the alleged failure to conduct an adequate investigation itself created a hostile educational environment fails because there is no evidence such failure was based on gender.

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Diversity News

Walmart pledges to hire 100,00 Veterans starting in May. Time.com January 15, 2013 article.

Women Blocked at Deep Springs. Inside Higher Ed.com January 11, 2013 article.

Minority Applicants to Colleges Will Rise Significantly by 2020. The Chronicle of Higher Education January 10, 2013 article.

Supreme Court to hear to take up Prop. 8, DOMA. December 7, 2012 WSJ article.

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