This past Monday, March 18, 2013, the Supreme Court granted certiorari in Madigan v. Levin, an Age Discrimination in Employment Act (ADEA) case from the Seventh Circuit. In Madigan, the issue is whether state and local government employees can bring age discrimination claims directly under the Equal Protection Clause through Section 1983. The Seventh Circuit’s opinion conflicts with that of the First, Fourth, Ninth and Tenth Circuits, each of...read more
A federal court in Maryland dismissed a disability discrimination lawsuit filed by a police officer trainee who needed more than 17 minutes to run a mile and a half. LaPier v. Prince Georges County, No. 8:10-cv-02851 (2/7/13). Rejecting the officer’s requests for a permanent light duty assignment or modification of the police department’s fitness standards, the Court held that it was not unreasonable to require police officers to be able to...read more
A federal district court has ruled that Baltimore County violated the Age Discrimination in Employment Act (“ADEA”) when it required older employees to contribute more to their pension than younger employees. EEOC v. Baltimore County, D. Md. No. 07-2500 (10/17/12). The decision, which will most likely be appealed by the County, is the latest ruling in a multi-year lawsuit which has already been before the United States Court of Appeals for the...read more
So, school is out for children in the Chicago Public Schools (CPS) - the nation’s third largest school district - and it looks like it will be for the foreseeable future. The Chicago Teachers Union continues to strike and has stated that, despite the offer of a huge 16% pay increase over four years, the parties are far apart in reaching a contract. It has been 25 years since there was a teacher strike in Chicago. Even more interesting, the union...read more
By Eric Paltell Unlike private sector employees, persons employed by state and local governments have workplace rights conferred upon them by the United States Constitution. A recent court decision from the United States Court of Appeals for the Eighth Circuit held that these Constitutional rights allow public sector employees to pursue discrimination claims even if they have not filed claims under Title VII of the Civil Rights Act of 1964. Henley...read more
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