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EEOC V. New Mexico, NM, Motion to Dismiss and Settlement, Age Discrimination, 2019

Brief • June 7, 2019

Filed under: Money/Property, ADEA, Guards/Staff, Age Discrimination

EEOC V. New Mexico, NM, Motion to Dismiss and Settlement, Age Discrimination, 2019 Case 1:15-cv-00879-KK-LF Document 420 Filed 06/07/19 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. No. 1:15-cv-00879-KK-LF STATE OF NEW MEXICO, CORRECTIONS DEPARTMENT, Defendant. …

EEOC V. New Mexico, NM, Complaint, Age Discrimination, 2016

Brief • March 14, 2016

Filed under: Money/Property, Fair Labor Standards Act, ADEA, Age Discrimination

EEOC V. New Mexico, NM, Complaint, Age Discrimination, 2016 Case 1:15-cv-00879-KK-LF Document 42 Filed 03/14/16 Page 1 of 18 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Case No.: 1:15-cv-00879-KG/KK Plaintiff, v. STATE OF NEW MEXICO, Corrections Department, Defendant. EEOC’S FIRST AMENDED …

Private Prison Corporation Not Entitled to 11th Amendment or Sovereign Immunity

Article • May 15, 2007

Filed under: GEO Group/Wackenhut, Gender Discrimination -- Women, Retaliation against Staff, Conditions of Confinement, Staffing, 1964 Civil Rights Act, Title VII, ADEA, Eleventh Amendment Immunity, Sovereign Immunity, Employee Litigation

Private Prison Corporation Not Entitled to 11th Amendment or Sovereign Immunity by Private Prison Corporation Not Entitled to 11th Amendment or Sovereign Immunity The U.S. Northern District Court of Texas determined that a private operator of a state prison was not entitled to 11th Amendment and sovereign immunity. Cynthia Proctor, …

ADEA Claims Must be Properly Exhausted

Article • May 15, 2007

Filed under: Discrimination, Racial Discrimination, Administrative Exhaustion, ADEA

ADEA Claims Must be Properly Exhausted by ADEA claims are within the "scope of the EEOC charge" if they are reasonably related to the charge, i.e. if they are within the scope of the investigation that could reasonably be expected to grow from the original complaint." (527) When the charge …

ADEA Exhaustion Not Jurisdictional

Article • May 15, 2007

Filed under: Civil Procedure, Administrative Exhaustion, ADEA

ADEA Exhaustion Not Jurisdictional by Exhaustion under the Age Discrimination in Employment Act is not jurisdictional (150). The court applies to ADEA administrative exhaustion the same rule applied to Title VII exhaustion, since the requirements are the same. A claim not asserted in the administrative charge may be litigated in …

Third Circuit Embraces Administrative Exhaustion Procedural Default

Article • May 15, 2007

Filed under: PLRA, Administrative Exhaustion (PLRA), Habeas Corpus, ADEA

Third Circuit Embraces Administrative Exhaustion Procedural Default by The defendants argued that the plaintiff had failed to exhaust because he did not ask for money damages in the administrative process and because he did not name a particular defendant in his grievance. In this windy opinion, the court embraces a …

Right-To-Sue Letter Not Required For ADEA Claims

Article • May 15, 2007

Filed under: GEO Group/Wackenhut, Discrimination, Gender Discrimination -- Women, Racial Discrimination, Title VII, ADEA, Employee Litigation, Age Discrimination

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 …

Four Year Statute of Limitations for All Post 1990 Federal Laws

Article • May 15, 2007

Filed under: Civil Procedure, Limitations, Americans with Disabilities Act, All Writs Act, Federal Tort Claims Act, Individuals with Disabilities Education Act, Fair Labor Standards Act, RICO, Religious Freedom Restoration Act, Freedom of Information Act, 1964 Civil Rights Act, Title IX, Privacy Act, Voting Rights Act, Jury Service and Selection Act, Equal Access to Justice Act, Gender Motivated Violence Act, ERISA, American Indian Religious Freedom Act, Tax Injunction Act, Violence Against Women Act, RLUIPA, Public Health Services Act, False Claims Act, Fair Housing Act, Federal Housing Act, Title VII, Energy Conservation and Production Act, HIPAA, Lanham Trademark Act, National Environmental Policy Act, ADEA, Juvenile Justice and Delinquency Prevention Act, Foreign Sovereign Immunities Act, Alien Tort Claims Act, Alien Tort Statute (Federal), Torture Victims Act, Health Care Quality Improvement Act, Federal Extradition Act, Clean Water Act, USERRA

Four Year Statute of Limitations for All Post 1990 Federal Laws by In 1990, Congress passed a "catchall" four-year statute of limitations for actions arising under federal statutes enacted after December 1, 1990. This claim, which arose under the 1991 amendment to 42 U.S.C. § 1981, is governed by that …