Hard to believe it’s August already. It has been a busy summer in the employment law world while we have been away, and there is a lot to catch up on for Iowa employers. For starters, here is a re-cap of three of the summer’s significant court decisions and one notable but not so significant one. Almost all
Should We Take Seriously the Claim that Pink Paint in a Locker Room Is Sex Discrimination?
Last week, the co-founder of a Minnesota based organization called “Gender Justice” accused the Iowa football team of “pink shaming” its opponents and engaging in what she calls “cognitive bias.” Jill Gaulder, who also happens to be a former UI professor, claims the infamous pink visitor’s locker room at Kinnick Stadium is “sexist”, “homophobic”,
Don’t Forget About the Failure to Exhaust Administrative Remedies Defense: Eighth Circuit Holds that it Still Applies to Retaliation Claims, Overruling Precedent to the Contrary
Title VII requires an employee alleging unlawful discrimination or retaliation to file an administrative charge with the EEOC (or a similar a state or local agency with authority to seek relief) before bringing a suit in court. EEOC is charged with investigating claims and pursuing conciliation between the employee and employer where appropriate. The purpose of
Eighth Circuit Finds that Public Employee’s Gender Discrimination Claim Not Subject to Time Limits of Title VII
Crystal Henley enrolled in the Kansas City Police Academy in September 2005. By November 8, she was forced to leave and was not able to complete her training to become a police officer. During her short time at the Academy, Henley claims she was treated more harshly than male trainees, subject to sexual harassment, and
Similarly Situated in All Relevant Aspects
Very seldom is there overt evidence an employer discriminated on the basis of race, sex, disability, etc. Most of the time plaintiff employees have to prove their claim by showing they were treated less favorably than similarly situated employees who were not in the protected class. For example, if there is evidence the employer
Implicit Bias, Disparate Impact, and Class Actions: Iowa District Court Rules in Favor of the State, but Employers Should Remain Wary.
Earlier this week Iowa District Court Judge Robert Blink granted judgment for the State of Iowa in a high profile class action race discrimination lawsuit. (Pippen v. State of Iowa, link here). The plaintiffs alleged that 37 departments in the State’s executive branch maintained hiring and promotion practices that had an adverse
Eighth Circuit Reverses $4.5 Million Sanction Against EEOC
Two years ago, Judge Linda Reade of the U.S. District Court for the Northern District of Iowa made headlines when she dismissed an EEOC lawsuit on behalf of 270 current and former female long haul drivers of Cedar Rapids based CRST Van Expedited. What was notable about the decision was not so much the dismissal itself as
Supreme Court, Executive Branch Take Opposite Approach on Religious Accomodation
We have written many times here about an employer’s obligation to reasonably accommodate an employee’s sincerely held religious beliefs, so as not to unlawfully discriminate on the basis of their religion. Indeed, according to EEOC statistics, claims of religious discrimination by employees are increasing at a higher rate than most other forms of discrimination.
Much
Judge’s Pregnancy Discrimination Ruling Prompts Debate About Work-Life Balance
Last week a federal judge in the Southern District of New York Judge dismissed the EEOC’s long running sex and pregnancy discrimination lawsuit against financial media company Bloomberg, LP. EEOC claimed Bloomberg engaged in a “pattern and practice” of discrimination against pregnant women and mothers returning from maternity leave by reducing their pay, demoting them in title,
Wal-Mart v. Dukes: What Impact?
Yesterday the U.S. Supreme Court issued an opinion Wal-Mart v. Dukes, an important case addressing issues involving both employment law and class actions. There has been an 
incredible amount of coverage and analysis of this opinion in both regular and legal media outlets and blogs (including our own summary in the DRI Publication