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Article • May 15, 2007
EEOC Delay Not Responsibility of Plaintiff by At 521-22: The Third Circuit recognizes "the prevailing jurisprudence that a charge [of discrimination filed with the EEOC] need not comply with a plethora of particular requirements." . . . The Code of Federal Regulations provides that "a charge is sufficient when the …
False Charges against Staff Not Unconstitutional by Correction officers subjected to allegedly unfounded disciplinary prosecutions could not bring a § 1983 suit for malicious prosecution. Even though New York State recognizes the tort of malicious prosecution based on administrative proceedings, the Supreme Court plurality said in Albright v. Oliver that …
Article • May 15, 2007
Cop Suing Under Title VII for Discrimination Entitled to Discovery by A police officer who sued under Title VII alleging racial discrimination was entitled to documentary discovery for a period of three years, "which this Court deems is more than enough time to prove her point." A study of racial …
Title VII Claim Against NY Jail by Employee Proceeds by The plaintiff correctional employee alleged discrimination based on national origin and retaliation for defending himself against discrimination charges in a Title VII administrative complaint, but in the subsequent lawsuit asserted a claim of racial discrimination. The plaintiff may pursue the …
Article • May 15, 2007
Fifth Circuit Discusses Title VII Class Certification by The test for commonality is met where there is at least one issue the resolution of which will affect all or a significant number of class members. At 405: "While the commonality hurdle is not particularly high, a plaintiff must go beyond …
$279,000 Harassment Award Upheld in Missouri Nurses' Suit by The Eighth Circuit Court of Appeals upheld judgment against Missouri Department of Corrections (MODOC) officials in favor of nurses who sued for retaliation and sexual harassment. The court also upheld attorney fee awards. Rebecca Hunt and Susan Nurnberg were recruited by …
Gender Discrimination Permissible in Guard Shift Assignment by The Sixth Circuit Court of Appeals held a Title VII claim under the Civil Rights Act of 1964 is not stated where a Sheriff transferred a female guard from the first shift to third shift to comply with state law. The guard …
Right-To-Sue Letter Not Required For ADEA Claims by The United States District Court for the Eastern District of New York held that Title VII procedural requirements mandate that a claimant obtain a right-to-sue letter from the Equal Employment Opportunity Commission (EEOC), but a right-to-sue letter is not necessary for actions …
Former Florida Guard Awarded $49,000 Despite Summary Judgment Against Her by Diane Wilbur, a former guard at the Cypress Creek Correctional Facility, a juvenile correctional facility in Citrus County, Florida, filed a Federal lawsuit pursuant to Title VII of the Civil Rights Act of 1964 and the Florida Civil Rights …
Article • May 15, 2007
Class Certification Can Be Bifurcated for Liability and Damages by The court rejects the Fifth Circuit rule that an action cannot be certified under Rule 23(b)(2), Fed.R.Civ.P., if the class claims include compensatory and punitive damages other than "incidental" damages. (These are damages that are capable of objective calculation and …
Exhaustion Required in Title VII Suits by The plaintiff asserted hostile work environment and violation of merit system claims under Title VII, and defendants asserted she did not exhaust them. However, the plaintiff said that she had grieved her alleged retaliatory discharge and that the arbitrator heard all the underlying …
Wisconsin Prison Employee Raped By Prisoner Awarded $366,000 by On April 8, 2005, a federal jury awarded $366,000 to a Wisconsin prison employee who was raped by a prisoner. The 51-year-old female plaintiff, a non-security employee of the Wisconsin Department of Corrections was raped by a knife-wielding prisoner on December …
Article • June 15, 2004 • from PLN June, 2004
Jury Awards Maryland Prison Guard $1.6 Million for Discrimination by Michael Rigby In July 2003, a federal jury in Maryland awarded a former prison guard $1.6 million for the discrimination and hostile work environment he endured while on the job at a Maryland prison. Mathen Chacko, a native of India, …
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