EEOC Issues Final Rule Revising Federal Sector Complaint Procedure

On July 24, 2012, the U.S. Equal Employment Opportunity Commission (EEOC) issued a final rule modifying certain aspects of the complaint process that federal employees and applicants use if they believe federal agencies have unlawfully discriminated against them. The final rule contains a number of revisions to 29 CFR Part 1614 (“Federal Sector Equal Employment… Continue reading EEOC Issues Final Rule Revising Federal Sector Complaint Procedure

Employer’s Mere Awareness of Policy’s “Adverse Consequences” on Protected Group Does Not Give Rise to Discrimination Claim

The Ninth Circuit Court of Appeals recently addressed the issue of what facts are necessary to show an employer has discriminatory intent. In Wood v. City of San Diego, a retired female employee of the City of San Diego, alleged that the surviving spouse benefit in the City’s retirement system violated Title VII because the benefit… Continue reading Employer’s Mere Awareness of Policy’s “Adverse Consequences” on Protected Group Does Not Give Rise to Discrimination Claim

Workers’ Compensation Coverage Not Available for Slip and Fall in Employer Owned Parking Lot

The Oregon Court of Appeals recently revisited the question of when an employee’s injury “arises out of employment” such that workers’ compensation coverage is allowed.   Generally, “A ‘compensable injury’ is an accidental injury… arising out of and in the course of employment requiring medical services or resulting in disability or death.” ORS 656.005(7)(a).  In Legacy… Continue reading Workers’ Compensation Coverage Not Available for Slip and Fall in Employer Owned Parking Lot

Cat’s Paw Liability – Cute and Furry? Not at All

Cat’s Paw liability arises when an employee plaintiff establishes that the person responsible for a discriminatory or retaliatory action, while personally lacking discriminatory intent, undertakes the adverse employment action in reliance on another decision-maker’s discriminatory animus.  As Judge Richard A. Posner of the 7th Circuit explained: In the fable of the cat’s paw (a fable… Continue reading Cat’s Paw Liability – Cute and Furry? Not at All