Age discrimination cases tried in the Southern District of Iowa continue to generate controversy over how juries should be instructed about the plaintiff’s burden of proof. First it was Gross v. FBL Financial Services, Inc., tried in the Southern District and ultimately decided by the U.S. Supreme Court in June 2009. Then it was
U of Iowa Study Shows Race Not an Important Factor in Hiring NFL Head Coaches
A recent study by University of Iowa economist John Solow found little evidence of racial discrimination in head coach hiring by National Football League Teams. In 2003, the NFL instituted the "Rooney Rule" to try and increase the number of racial minorities who served as head coaches. The rule required teams to interview
Summary Judgment: Myths and Realities
"Is Summary Judgment in Employment Cases a Myth"? So ask attorneys Teresa Ride Bult and Kate Summers in an excellent article published last month in Law 360.
The authors contend it is becoming more difficult for employers to win on summary judgment, 
particularly in state court. Nonetheless, they believe the benefits of filing a
What are My Chances of Winning?
Understandably, this is the most important question a client will ask his lawyer when 
deciding whether to settle a lawsuit or defend the case at trial. It is also one of the most difficult things for lawyers to predict. That’s why jury verdict research is so valuable, and why this post at Manpower Employment
Iowa Civil Rights Commission Issues 2009 Annual Report
On October 30, the Iowa Civil Rights Commission (ICRC) issued its annual report for 2009. Once again this year, complaints of employment discrimination constituted the vast majority (85%) of the charges. The non-employment charges (in the areas of credit, education, housing, and public accommodations) make up the remaining 15% of the charges.
The
Weekly Web Roundup, October 30, 2009
The EEOC has revised its "Equal Employment Opportunity is the Law" poster. The poster was revised to reflect new federal employment laws, including the ADA Amendments, and the Genetic Non Discrimination in Employment Act ("GINA"). Employers can either obtain a new poster, or a supplement their existing poster. The new posting is mandatory effective November 21
An Interesting Interview with Jack Gross
Des Moines Register columnist Marc Hansen writes about an interview he had with Jack Gross, the plaintiff in Gross v. FBL Financial, Inc., decided by the U.S. Supreme Court last June. Mr. Gross was in Washinton, DC last week to testify before the Senate Judiciary committee that is considering amendments to the ADEA that would effectively overrule the
Weekly Web Roundup: October 2, 2009
More signs this week that the federal government is ramping up enforcement of employment laws. The Department of Justice Civil Rights Division is seeking a $22 million budget increase for 2010, and is seeking to hire 50 new attorneys. Law Memo Employment Law Blog reports that the 
EEOC has been very active recently in filing lawsuits. The Agency filed 32
How to Avoid Liability for Discrimination
A recent decision from the Eighth Circuit provides good training material about what "not to do" if you want to your company to avoid being liable for discrimination, and possibly punitive damages.
The EEOC filed suit against Siouxland Oral and Maxillofacial Surgery Associates, a medical clinic in Sioux Falls South Dakota. The complaint alleged that Siouxland terminated
Obesity as a Protected Class?
This post in HR Observations (Hat tip: Ohio Employer’s Law Blog) explores whether obesity could be the next characteristic to become protected under the anti-discrimination laws. A group called the "Obesity Action Coalition" complains that discrimination against obese people is widespread. Employer concern about rising costs associated with employee health coverage, workers’ compensation costs